MD. ANWAR ALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the Notification No. 175/2012 dated 03.01.2018 issued by the Secretary, State Election Commission, Jharkhand whereby at SI. No. 3, the seat of the Chairman of Giridih Municipal Corporation has been reserved for Scheduled Caste. Further prayer has been made for directing the Election Commission, Jharkhand to reserve the seat of the Chairman of Giridih Municipal Corporation for Backward Class as the population of Backward Class in Giridih Municipal Corporation is higher than the Scheduled Caste. The petitioner has also prayed for restraining the respondents from proceeding with the election in Giridih Municipal Corporation until the reservation roster for the seat of Chairman is determined as per the actual population of Scheduled Tribe, Scheduled Caste and Backward Class in that area.

(2.) The petitioner is aggrieved by the impugned Notification No. 175/2012 dated 03.01.2018 issued by the Secretary, State Election Commission, Jharkhand whereby the seat of the Mayor/Chairman of the Giridih Municipal Corporation has been reserved for the Scheduled Caste candidate for the forthcoming municipal election. According to the petitioner, since the said post was reserved for the Backward Class candidate in the previous municipal election held in the year 2012, he being a Backward Caste candidate has been deprived of contesting the forthcoming Municipal Election for the said post in spite of the fact that as per the last census done in the year 2011, the population of the Backward Class was the highest in the State of Jharkhand as well as in Giridih Municipal Corporation area.

(3.) Mr. J. J. Sanga, learned counsel for the petitioner, submits that the Jharkhand Municipal Act, 2011 (hereinafter referred to as 'the Act, 2011') came into force w.e.f. 09.02.2012. Sec. 27 of the Act, 2011 provides for reservation of the seat of the Mayor/Chairperson for Scheduled Tribe, Scheduled Caste, Backward Class and women. As per sub-section (3) of Sec. 27 of the Act, 2011, the State Government has to review the matter relating to reservation of the office under Clause (a) of Sec. 27(2) after every ten years. The last election of the seat of the Mayor/Chairperson for Giridih Municipal Corporation was conducted in the year 2012 wherein the Giridih Municipal Corporation was reserved for Backward Class and after five years, it is not permissible for the authorities to review the reservation roster. The general census is conducted in every 10 years and therefore unless the demography gets changed by way of subsequent general census, the seat reserved for a particular category on the basis of the last census cannot be reserved for any other category. It is also submitted that if the State Election Commission wants to maintain uniformity in rotation of the reserved seats for all Municipal Corporations, it should have maintained the same by not reserving the seat of Mayor in Ranchi Municipal Corporation for Scheduled Tribe candidates for three consecutive terms. Thus, the action of the respondent-Jharkhand State Election Commission goes contrary to the provisions of Art. 243T read with 243P(g) of the Constitution of India as well as Sec. 27(3) of the Act, 2011. It is further submitted that Art. 243T of the Constitution of India provides for reservation of Scheduled Caste, Scheduled Tribe, Backward Class and women candidates in the Municipalities, however, the same is directory and while making reservation rotation, it is necessary for the State Government to rotate the seats with exactitude. Since the population of Backward Class in Giridih Municipal Corporation is the highest as compared to the population of any other category as per the detail given by the District Election Officer (Municipal Corporation)-cum-Deputy Commissioner, Giridih, the said seat is required to be reserved for Backward class only.