MANOJ KUMAR, SON OF BHUSHAN SINGH, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, State and the State Election Commission.

(2.) The petitioner has moved the Court for setting aside the list of wards reserved for the purpose of election of Councillors of the Patna Municipal Corporation as issued in Form-10 as far as it relates to Ward No. 30.

(3.) Learned counsel for the petitioner submitted that in terms of Sec. 12 of the Bihar Municipal Act, 2007 (hereinafter referred to as the 'Act') read with Rule 31 of the Bihar Municipal Election Rules, 2007 (hereinafter referred to as the 'Rules'), the reservation of Ward No. 30 of the Patna Municipal Corporation is incorrect. Learned counsel submitted that Sec. 12(2)(d) of the Act provides for reservation for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category by rotation under the direction, control and supervision of the State Election Commission to different constituencies. It was submitted that Ward No. 30 was reserved for woman, though belonging to the unreserved category, in the two previous elections and this time also, the same was reserved for Female belonging to the Backward Class. Learned counsel submitted that women, constituting a specific category, a particular seat cannot be reserved again and again for the same category i.e., women, which is violation of the aforesaid provision of the Act where it provides for rotation. Learned counsel further submitted that in terms of Rule 31(1) of the Rules, prior to the amendment in the year 2009, there was a proviso that if any constituency was reserved for woman in a specific category, it may be reserved for women of another category in the subsequent election, but after the amendment in the year 2009, such proviso has been omitted and only the second proviso that if any constituency was reserved for woman under others (unreserved) category, it shall not be reserved for women in the subsequent election for the other (unreserved) category, has been retained. He submitted that the same clearly implies that even with regard to reservation for woman in a previously unreserved category to that in a reserved category, in a subsequent election having been specifically omitted by the amendment, the same is not permissible.