UDAY SHANKAR OJHA Vs. JHARKHAND STATE ELECTION COMMISSION

JUDGEMENT

(1.) NO election of municipal corporations, municipalities, Nagar Panchayats and other bodies had taken place in the State of Jharkhand for the last 22 years and it was only after the directions of Courts and demand of public when election programmes of the municipal corporations, municipalities, Nagar Panchayats and other bodies have been announced and published in the Gazette, these writ petitions have been filed challenging the vires of various provisions of Jharkhand Municipal Corporation Act, specially the decision of the State Government and the State Election Commission reserving some of the posts of Mayor, Chairman and Vice -Chair -man of the Municipal Corporation and Municipalities for the scheduled castes, scheduled tribes, backward classes and women.

(2.) IN W.P. (C) No. 917 of 2008, the petitioner has challenged the notification of the State Election Commission dated 28.1.2008 whereby the post of Mayor in Ranchi Municipal Corporation for a woman candidate belonging to scheduled tribes category has been reserved and also the resolution issued by the State Election Commission dated 21.1.2008 by which 50% posts of Chairman of Municipalities have been reserved. By filing an amendment petition, the petitioner has also challenged the vires of Sections 19(ka) and 8(2)(ka) and Section 13(l)(d) of Jharkhand Municipal Corporation Act.

(3.) IN W.P. (C) No. 1054 of 2008, the petitioner has challenged the same notification dated 21.1.2008 whereby the posts of Chairman of Bundu Nagar Panchayat has been reserved for a woman belonging to scheduled tribes category. The petitioner has further challenged the decision by which out of 12 wards in the Panchayat, 6 wards have been reserved for scheduled tribes, scheduled castes and backward class candidates as against the distribution of population belonging to general and reserved categories.