R. A. MEHTA, J. ( 1 ) THE petitioner has challenged the allotment of reserved seats for women to Wards No. 14 and 16 for election to Bhanvad Nagar Panchayat. At the previous election in 1985 the reserved seats for women were allotted to Wards No. 10 and 12. It is submitted that this time Wards No. 13 and 15 should have been allotted reserved seats for women instead of Wards No. 14 and 16. Rule 43a of Gujarat Gram and Nagar Panchayat Elections Rules 1962 provides for the manner of allotment of reserved seats by rotation between different wards. Sub-Rules (4) and (5) read as follows:" (4): Subject to the provision of sub-rule (5) the reserved seats for women shall be allotted by rotation according to the alternate serial numbers of the wards given under sub-rule (2) starting from Ward No. 1. For example if there are 6 (six) wards and there are (2) (two) reserved seats then at the first general election Wards Nos. 1 and 3 shall be allotted the reserved seats and such reserved seats shall then be allotted as the second general election to Wards Nos. 2 and 5 at the third general elections to Wards Nos. 4 and 6 and so on. (5): If in any ward to which a reserved seat for women is allotted or is capable for being allotted under sub-rule (4) happens to be a ward to which a reserved seat for Scheduled Castes or Scheduled. Tribes is also capable of being allotted under sub-rule (6) or (7) the reservation of such seat for women shall be transferred from the ward under sub-rule (4) to the ward having next alternate serial number to which it could be appropriately allotted according to the provisions of sub-rule (4) and this sub-rule and the said provisions shall apply accordingly. For example if at a particular election the two seats for women are allottable to Ward numbers 1 and 3 and Ward No. I happens to have such population of Scheduled Castes then the seat for Scheduled Castes shall be allotted to Ward No. 1 and the reserved seats for women shall be allotted to Ward Nos. 3 and 5 and if Ward No. 3 happens to have such population of Scheduled Castes then the reserved seats for women shall be allotted to Ward Nos. 1 and 5.
3 and 5 and if Ward No. 3 happens to have such population of Scheduled Castes then the reserved seats for women shall be allotted to Ward Nos. 1 and 5. ( 2 ) IT is thus clear that if the aforesaid example to sub-rule (4) is extended the rotational reservations at succeeding elections would be as follows: (1) 1 and 3 (2) 2 and 5 (3) 4 and 6 (4) 7 and 9 (5) 8 and 11 (6) 10 and 12 (7) 13 and 15 (8) 14 and 17 (9) 16 and 1 and so on. 3 Therefore when at the previous election seats No. 10 and 12 were reserved for women at the next succeeding election 13 and 15 are required to be allotted as reserved seats for women under sub-rule (4 ). ( 3 ) SUB-RULE (4) is subject to sub-rule (5) which provides for reservation and allotment of seats to Scheduled Castes and Scheduled Tribes. Therefore if any of these Wards No. 13 and 15 were to be reserved for S. C. and S. T. then only some change would be required. In the present case no such situation arises because the reserved seats for Scheduled Castes in the ensuing election are Wards No. 4 and 8. Therefore Wards No. 13 and 15 are not reserved for allotment to Scheduled Castes and Scheduled Tribes. Therefore operation of sub-rule (5) does not come into play. Therefore under sub-rule (4) Wards No. 13 and 15 are required to be reserved for allotment to women and not Wards No. 14 and 16. The authorities were therefore wrong in allotting reserved seats for women. To that extent the allotment of reserved seats of Wards No. 14 and 16 is quashed and set aside and the authorities are directed to allot reserved seats in Wards No. 13 and 15. Rule is made absolute accordingly. Election which was due in 1991 could not have been held because of the interim order granted in this petition. The authorities are therefore directed to see that the election is held with utmost expedition. No order as to costs. .