BALBIR SINGH SAINI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This writ petition relates to the election of the Municipal Committee, Nahan, and the grievance made by the petitioner is that the State Government had no authority to pass notification dated 13th December, 1977 reserving three out of the total of thirteen seats of the Municipal Committee for schedule castes. The contention was that sections 10 and 11 of the H. P. Municipal Act, 1968 do not contemplate any such reservation.

(2.) Sections 10 and 11 find their place in Chapter III which is on the subject of "Committees". Section 10 says that - "There shall be established for each municipality a committee having authority over the municipality and consisting of such number of members not less than five as the State Government may fix in this behalf." It is an admitted position that so far as Nahan is concerned, the number of members of the committee has been fixed by the Government at thirteen.

(3.) Section 11 of the Act provides that a committee shall consist of such number of elected members as the State Government may prescribe in this behalf, and contains a proviso that the State Government may nominate to each committee such number as may be fixed, but not exceeding eight, of officials to act as advisers.