AMIT KUMAR Vs. BIHAR STATE ELECTION COMMISSION

JUDGEMENT

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

(2.) The petitioner has moved this Court being aggrieved by treating Ward No. 35 of the Patna Municipal Corporation as unreserved.

(3.) Learned counsel for the petitioner submitted that in terms of the exercise undertaken by the State Election Commission and its authorities, the reservation for the reserved category, more specifically, the Scheduled Castes has to be on the basis of their population in descending order. Learned counsel submitted that in terms of the publication made in Form-9, Ward No. 35 has a population of 1503 of Scheduled Castes and thus, the same should have been reserved for such category as it comes within the number of wards to be reserved for Scheduled Castes having their highest population, in descending order. Learned counsel submitted that the exercise undertaken, besides being erroneous for Ward No. 35, is also not correct for other constituencies where such formula has not been applied.