SANTOSH KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India petitioner-Santosh Kumar Gupta inter-alia challenges the validity of sub-rule (2) of Rule 5 of the Rajasthan Municipalities (Election) Rules, 1994 as amended upto date and seeks a direction that the respondents be restrained from proceeding with the delimitation of Wards and allotment of seals in accordance with the- aforesaid sub-rule (2) of Rule 5.

(2.) ON behalf of the respondents a preliminary objection has been raised that the writ petition is not maintainable by virtue of provisions of Article 243 (ZG) of the Constitution of India.

(3.) THE thrust of the contention of the learned counsel for the petitioner was that the reservation of constituencies in favour of SC/st has to be made on the basis of the population, but in the relevant Rule 6 it has been given a go bye so far as the backward classes are concerned and the relevant Rule doesn't provide procedure for reservation of seats for backward classes at -all. It is submitted that instead, the reservation in favour of the backward classes has been provided by draw of lots and thus the equality clauses of the Constitution have been violated. Likewise, it is submitted that the reservation in favour of women has also to be made by draw of lots, which is impermissible. It is also urged that the provision for reservation of seats on the basis of draw of lots, is arbitrary.