KAPIL DEO SAHANI Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The petitioners have challenged the issuance of Form-10 by the District Election Officer-cum-District Magistrate, Samastipur by which the different Wards of the Rosera Nagar Panchayat have been reserved.

(3.) Learned counsel for the petitioners submitted that the same is contrary to Sec. 12 of the Bihar Municipal Act, 2007 (hereinafter referred to as the 'Act') read with Rule 29 of the Bihar Municipal Election Rules, 2007 (hereinafter referred to as the 'Rules'). Learned counsel submitted that the exercise with regard to reservation of seats, especially for the Backward Classes has not been properly carried out for the reason that there is non determination of the population of the Backward Classes and the same has been merged with other castes to come to that finding. Learned counsel submitted that even after that Wards which were more deserving for being reserved have not been reserved and Wards which did not deserve to be reserved have been reserved and further that the requirement of rotation has not been followed. Learned counsel submitted that there is no formula as to how a particular Ward would be reserved for Backward Classes.