RENUKA PALIT Vs. STATE

JUDGEMENT

(1.) THE petitioners, who are the Woman Ward Councillors of the Gaya Municipal Corporation and Scheduled Caste woman voters of different Wards falling within the said Corporation, have filed the present writ application for declaration that the election of respondent no. 5 Smt. Asha Devi as a Mayor of the said Corporation is illegal, inoperative and void as her election was conducted on the basis of a notification dated 8.8.2002 (Annexure 8 to the writ application), which itself was ultra vires the Constitution.

(2.) THE facts leading to the filing of the present writ application are that the Gaya Municipal Corporation (hereinafter referred to as the Corporation) was established in 1983 and prior to that it was a Municipality. Part IX -A dealing with the Municipalities was inserted in the Constitution by the Constitution (7th Amendment) Act, 1992, which came into force with effect from 1.6.1993. It contains a provision with regard to the constitution of the Municipalities, holding of election, reservation of seats for the Ward Counciliors as well as the Chairpersons of the Municipalities and other connected matters. In 2001, the Patna Municipal Corporation Territorial Constituencies (Wards) Constitution Rules, 2001 and the Bihar Municipalities Territorial Constituencies (Wards) Constitution Rules, 2001 were passed and, thereafter, the State Election Commission (respondent no. 4) initiated action for the constitution of the territorial constituencies of all the five Municipal Corporations of the State and issued guidelines on 30.10.2001 to all the concerned District Magistrate -cum -District Election Officer (Nagar Nigam). After constitution of the territorial constituencies (wards), reservation was also done in terms of the constitutional provisions. However, the said guidelines clearly mention that no provision has been made for reservation for the post of Chairperson (Mayor) in the Patna Municipal Corporation Act governing the Corporation.

(3.) THE procedure for reservation of office of Mayor for Scheduled Caste Women was laid down in paragraph 6 of the letter dated 8.8.2002, which has been challenged by the petitioners by annexing as Annexure 8. In terms of the provision of the Act, the office of Mayor of Gaya Municipal Corporation was reserved for Scheduled Caste Women, as Gaya Municipal Corporation has the highest percentage of Scheduled Castes population. As in terms of the constitutional provision and amended provision of the Act, two offices of Mayor were to be reserved for women as per section 19(ii) and out of which one was to be reserved for Scheduled Caste Women from Scheduled Caste category, other office of Mayor of Bhagalpur Municipal Corporation was reserved for women and the office of Mayor of Gaya Municipal Corporation, as stated above, was reserved for scheduled Caste Women.