RAM KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The following four submissions were made for the consideration of the Court at the preliminary hearing of the petition : (1) The notification dated July 30, 1986, Annexure P. C. issued in the purported exercise of the powers conferred by sections 10 and 11 of the Himachal Pradesh Municipal Act, 1968 (herein after to be referred as "the Act"), whereby the number of elected members for the Municipal Committee, Nahan, was raised from 13 to 15, is ultra vires, inasmuch as : (a) the power relating to the increase of the number of members of any Municipal Committee is exercisable under section 13 of the Act and (b) such power is exercisable for any reason which may be deemed to affect the public interest or at the request of the majority of the electors and the said condition precedent for the exercise of power is not shown to have been satisfied in the instant case. (2) The reservation of three out of fifteen seats of elected members in favour of the Scheduled Castes vide the notification dated July 30, 1986, Annexure P. C, is ultra vires, since there is no provision in the Act authorising the State Government to provide for such reservation. (3) The appointment of the Revising Authority for the purpose of hearing claims and objections relating to the electoral rolls vide notification dated March 5, 1986, Annexure R -P was not in conformity with Rule 10 of the Himachal Pradesh Municipal Election Rules, ;970 (hereinafter referred to as "the Rules") and it was illegal and unauthorised AND (4) The co -option of Suit. Hamida Banu (respondent No. 18} on the Municipal Committee, Nahan, was illegal and authorised, since the strength of the Municipal Committee thereby exceeded the sanctioned number fixed vide notification dated July 30, 1986, Annexure P.C. We shall deal with these submission seriatim. Re : Submission No. 1.

(2.) The submission is not required to be dealt with since on such point has been raised in the petition and the concerned respondents have there fore, had no opportunity to meet the contention. Re: Submission No. 2.

(3.) True it is that there appears to be no specific provision in the Act authorising the State Government to make reservation of seats in favour of the Scheduled Castes. However the power to establish and constitute for each Municipality a Municipal Committee consisting of such number of members as the State Government may fix in that behalf and the further power of the State Government to prescribe the number of elected members and to increase or reduce the number of seats on any Committee (vide sections 10, 11, and 13) read with the power conferred by section 255 of the Act to make rules consistent with the Act to carry out the purposes thereof and, more particularly, to divide the Municipalities into wards or the inhabitants into classes, or both, and to fix the number of representatives proper for each ward or class, must be construed as taking within its sweep the power to provide for reservation of seats for the Scheduled Castes. The establishment of the units of Local Self Government, such as Municipalities and Panchayats, is for the purposes of the decentralisation of administrative powers and functions and of providing to the people an opportunity to as socite themselves with the administration at the grass root levels through their elected representatives. In order that the weaker section of the society such as the Scheduled Castes and Schedule Tribes secure adequate representation on the Municipal Committee, which is a unit of the self -government, the State can legitimately provide for the reservation of seats for such sections or segments of the people on the Committee. Such reservation is a measure intended or directed towards carrying out the purposes of the Act and it is competent to the State Government to provide for the same while exercising statutory powers hereinabove mentioned read with Rule 4 of the Himachal Pradesh Municipalities (Wards) Rules, 1970. It would be pertinent to mention in this connection that the Constitution of India has enacted in Part XVI specific previsions for such classes and that Articles 330 and 332 provide for the reservation of seats for the Scheduled Castes and Tribes in the Parliament and she State - Legislatures respectively. The reservation of three seats for the Scheduled Castes in the Municipal Committee, Nahan, is, therefore, not ultra vir the Act. R": Submission No. 3.