ORDER D.M. Dharmadhikari, J. This petition shall decide the batch of connected petitions numbers W.P. 4882/99 (M.P. Singh v. Union of India and others) W.P. 4883/99, (Sudhir Ku. Sharma v. Union of India and others) W.P. 4905/99, (Kewal Kumar Bhalla and others v. Union of India and others) W.P. 4909/99, (R.D. Namdeo and another v. Union of India and others W.P. 49-13/99 (Dr. Mueen Ansari and Anr. v. The State of M.P. and others) W.P. 4914/99, (Vishnu Dubey v. The State of M.P. and others) W.P. 4916/99, (Anis Ahmad Siddiqui v. Union of India and others W.P.4917/99 (Rajendra Awasthy v. State of M.P.) W.P. 5011/99, (Deepak Kumar Soni v. Union of India and others) W.P. 5057/99, (Vireendra Kumar Rai v. The State of M.P. and others) W.P. 5062/99, (Vyas Kashyap v. Union of India and others) W.P. 5058/99, (Yadu Nath Singh v. State of M.P. and others) W.P. 5059/99, (Bhajan Lai Sharma v. The State of M.P. and others) W.P. 5060/99, (Raman Popali v. State of M.P. and others) and W.P. 4855/99 (Ghanshyam Jamanani v. State of M.P.), which were heard analogously. In all these petitions the petitioners challenge the constitutional validity of the provisions of the State legislation contain in M.P. Municipal Corporation Act, 1956 and M.P. Municipalities Act, 1961 (hereinafter referred to shortly as the 'Corporation Act' and the 'Municipalities Act' respectively) whereby for the ensuing elections to the local bodies i.e. Corporation, Municipality and Nagar Panchayats provision have been made for reservation of seats in different wards of the Municipal Area and for Chair-persons in different percentages in favour of Scheduled Castes, Tribes Other Backward Classes, women from the reserved category and women from general category. In order to appreciate the nature of challenge made to the provisions in the two enactments containing the policy of reservations in favour of reserved categories of candidates for the election to the local bodies, it is necessary to examine the relevant provision of the Constitution and the provisions of the Act and the Rules under the two enactments in which reservations have been provided for different categories of candidates. By the Constitution (Seventy Fourth Amendment) Act, 1992 in the Constitution of India Part IX A was inserted to provide a uniform basis in all the States throughout India for Constitution of Local Self Governments in Urban Areas called as Municipal Corporation, Municipal Councils or Nagar Panchayats. By the Constitution (Seventy Fourth Amendment) Act, 1992 in the Constitution of India Part IX A was inserted to provide a uniform basis in all the States throughout India for Constitution of Local Self Governments in Urban Areas called as Municipal Corporation, Municipal Councils or Nagar Panchayats. A brief survey of Constitutional provisions is necessary to assess merit if any in the challenge made to the State Legislations for which the source of power derived from Part IXA of the Constitution. Article 243-P of the Constitution contains definition clauses in which under Sub Clause (e) 'Municipality' is defined as meaning "an institution of self-government constituted under Article 243-Q". In Article 243-Q the Local Self Government Institutions are described as Nagar Panchayat "for a transitional area, that is to say, an area in transition from a rural area to an urban area". Municipal Council for a smaller urban area and Municipal Corporation for a larger urban area. The other definition clause is Sub-clause (g) of Article 243-P which defines 'Population' as under - (g) 'Population' means the population as ascertained at the last preceding census of which the relevant figures have been published. The last census in India was done in the year 1991 and the next census is now due only in the year 2001. Article 243-R provides for composition of Municipalities by election to the seats to be carved out on the basis of territorial constituencies in the municipal area meaning the territorial area of a municipality or the local self Government institution being the Corporation, Municipality or Nagar Panchayats as the case may be. Article 243-T contains the provision for reservation of seats in favour of Scheduled Castes, Tribes Women and Other backward Classes. Article 243-T needs full reproduction as its provisions are under construction and interpretation before us on the basis of arguments advanced by the counsel on the two sides. It reads as under - 243-T. Reservation of seats. Article 243-T contains the provision for reservation of seats in favour of Scheduled Castes, Tribes Women and Other backward Classes. Article 243-T needs full reproduction as its provisions are under construction and interpretation before us on the basis of arguments advanced by the counsel on the two sides. It reads as under - 243-T. Reservation of seats. - (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area of the Scheduled Tribes in the Municipal area bear to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality. (2)Not less than one-third of the total number of seats reserved under Cl. (1) shall be reserved for women belonging to the Scheduled Castes or a the case may be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality, (4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may by law, provide. (5) The reservation of seats under Clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under Clause (4) shall cease to have effect on the expiration of the period specified in Article 334. (6) Nothing in this part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of Backward class of citizens. (6) Nothing in this part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of Backward class of citizens. What is worth specific mention in the above quoted provision from Article 243-T of the Constitution is that under Clause (1) of Article 243-T. there is a mandate for reserving seats for Scheduled Castes and Tribes in proportion to the population of the castes and tribes in the municipal area and it enables the seats so reserved to be allotted by rotation in different constituencies in a municipality. Under Clause (2) of Article 243-T from out of the seats reserved for Scheduled Castes and Tribes not less than l/3rd of the total number of seats are to be reserved for women belonging to those categories Scheduled Castes and Scheduled Tribes. Under Clause (3) of Article 243-T not less than l/3rd (including the - number of seats reserved for women belonging to Scheduled Castes and Scheduled Tribes), of the total number of seats are to be reserved for women and such seats may be allotted by rotation in different constituencies in a Municipality. Under Clause (4) of Article 243-T the power is given to the State Legislature to decide the manner in which the offices of Chairpersons in the municipalities be reserved for Scheduled Castes, Tribes and Women. Under Clause (6) of Article 243-T the Legislatures of State is permitted to make provision of reservation of seats in any Municipality or offices of Chairpersons in the Municipality in favour of other backward classes (O.B. Cs). After introduction of Part IXA in the Constitution w.e.f. 1-6-1993, the State Legislature in order to implement the provision of the Constitution contained in part IXA, substituted Section 11 and inserted Section 11A to the Corporation Act laying down the quantum and manner of reservation of seats for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women of reserved category and General category. The provisions contained in Section 11 of the Corporation Act lay down the policy for reservation of seats in the Municipal Corporation for different wards and Section 11A of the Corporation Act contains the provision showing the extent and manner of reservation for different categories to the office Chairpersons i.e. Mayor. The provisions contained in Section 11 of the Corporation Act lay down the policy for reservation of seats in the Municipal Corporation for different wards and Section 11A of the Corporation Act contains the provision showing the extent and manner of reservation for different categories to the office Chairpersons i.e. Mayor. The two Sections 11 and 11A which are under challenge before us in these batch of petitions deserve full reproduction to appreciate the grounds urged in support of the petition. They read as under - 11. Reservation of seats. - (1) out of the total number of wards determined under Sub-section (1) of Section 10, such number of seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Municipal Corporation as bears, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Municipal corporation as the population of the Scheduled Castes or of the Scheduled Tribes in the Municipal area to the total population of that area and such wards shall be those in which the population of the Scheduled Castes or the Scheduled Tribes, as the case maybe, is most concentrated. (2) As nearly as possible twenty five percent, of the total number of wards shall be reserved for other backward classes in such Municipal Corporation, where fifty per cent, or less seats are reserved for Scheduled Castes and Scheduled Tribes, and such seats shall be allotted by rotation to different wards in such manner as may be prescribed: Provided that if from any ward so reserved no nomination paper is filed or election, as a councillor, by any member of the backward classes, then the Collector shall be competent to declare it as unreserved. (3) Not less than one-third of the total number of seats reserved under Sub-sections (1) and (2), shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or other backward classes, as the case may be. (4) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and other backward classes), of the total number of seats to be filled by direct election in every Municipal Corporation shall be reserved for women and such seats shall be allotted by rotation to different wards in a Municipal Corporation in such manner as may be prescribed. (5) The reservation of seats under Sub-sections (1), (2) and (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India. Explanation. - In this section 'other backward classes' means category of persons belonging to backward classes as notified by the State Government. 11-A. Reservation of the office of the Mayor. - (1) out of the total number of offices of Mayors of Corporations in the State, such number of offices of Mayors shall be reserved for. Scheduled Castes and Scheduled Tribes, as shall bear the same proportion, as nearly as possible, as the population of each of these categories within the limits of all the Municipal Corporations in the State bears to the total population within such limits. (2) As nearly as possible, twenty five percent of the total number of offices of Mayors shall be reserved fur other Backward Classes. (3) As nearly as possible one-third of the total number of offices of Mayors reserved under Sub-sections (1) and (2) shall be reserved for women belonging to the Scheduled Castes, Scheduled Tribes or Other Backward Classes as the case may be. (4) As nearly as possible one third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes or Other Backward Classes) of the total number of offices shall be reserved for women. (5) The aforesaid reservation shall be made in such manner as may be prescribed. (6) The reservation of offices of Mayors under Sub-sections (1), (2) and (3) shall cease to have effect on expiration of the period specified in Article 334 of the Constitution of India. Explanation. - In the section and in Section 11, the expressions "Scheduled Castes", "Scheduled Tribes" and "Other Backward Classes shall have the same meaning as assigned to them, in the Madhya Pradesh, Lok Seva (Anusuchit Jatiyon Anusuchit Jan Hatiyon Aur Anya Pichhade Vargon Ke Liya Arakshan) Adhiniyam, 1994 (No. 21 of 1994). Explanation. - In the section and in Section 11, the expressions "Scheduled Castes", "Scheduled Tribes" and "Other Backward Classes shall have the same meaning as assigned to them, in the Madhya Pradesh, Lok Seva (Anusuchit Jatiyon Anusuchit Jan Hatiyon Aur Anya Pichhade Vargon Ke Liya Arakshan) Adhiniyam, 1994 (No. 21 of 1994). So far as the reservation of seats from wards in different Municipal Corporations is concerned, under Sub-section (1) of Section 11, the seats are to be reserved for Scheduled Castes and Tribes in every Municipal Corporation to the extent "as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Municipal Corporation as the population of Scheduled Castes and Scheduled Tribes in the Municipal area bears to the total population of that area and such wards to be reserved shall be those where the population of Scheduled Castes and Scheduled Tribes, as the case may be, is most concentrated. Under Sub-section (2) of Section 11 as nearly as possible twenty five percent of the total wards shall be reserved for other backward classes, in such Municipal Corporations, where fifty per cent or less seats are reserved for Scheduled castes and Tribes and such seats shall be allotted by rotation to different wards in such manner as may be prescribed. The method of allotment of seats and providing for their rotation and certain reserved categories are contained in the Rules which are in Hindi named as M.P. Nagar Palika (Anusuchit Jati, Anusuchit Jan Jati, Pichhada varg Avem Mahilaon Ke liye Wardon Ka Arakshan) Niyam, 1994. We shall deal with the reservation Rules of 1994 at the appropriate stage of this order. In accordance with Sub-section (3) of Section 11 not less than l/3rd of the total number of seats reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be reserved for Women from those categories. This is an instance of reservation within reservation i.e. horizontal reservation. Under Sub-section (4) of Section 11 not less than l/3rd of the total number of seats, including those reserved for women of reserved categories Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be reserved for women to be allotted by rotation to different wards in the manner prescribed by the Rules. Under Sub-section (4) of Section 11 not less than l/3rd of the total number of seats, including those reserved for women of reserved categories Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be reserved for women to be allotted by rotation to different wards in the manner prescribed by the Rules. Sub-section (4) providing for l/3rd reservation for women including women of reserved category is an instance of method of reservation on a combined basis i.e. horizontal and vertical. The reservation for women inclusive of women of reserved category is horizontal reservation but total l/3rd reservation for women from total seats can be called as a vertical reservation. Under Sub-section (5) there is an explanation appended at the end of Section 11 to define "other backward classes" to mean category of persons belonging to backward classes and notified by the State Government." We are informed that in the State of Madhya Pradesh, M.P. State Backward Classes Commission popularly known as Mahajan Commission by the name of its Chairman was constituted to identify Other Backward Classes in various districts in the State for recommending concessions, privileges, protection and reservation to the socially and educationally backward classes of citizens. The recommendation of Mahajan Commission in two volumes containing the figures showing percentage of population of Other Backward Classes in various districts of Madhya Pradesh and in whole of the State have been placed before us and the relevant photo copies of the extracts of the reports of the Commission have also been supplied to us and to all the parties by the State. Attention of the Court is also invited to the provisions of M.P. Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam,1994 enacted for reservation of seats for those categories of classes of citizens in public services. Under Clause (g) of Section 2 of the said Adhiniyam, 1994 enacted for making reservations in public services the expression other backward classes has been defined to mean citizens from backward classed as pa specified by the State Government by notification No. F/85-XXV-4-84 dated 26-12-84 as amended from time to time. On behalf of the State notification specifying the other backward classes as amended has been placed for perusal. Section 11 A of the Corporation Act contains the extent of reservation infavour of reserved categories for the office of Chairpersons in the Corporation called 'Mayor'. On behalf of the State notification specifying the other backward classes as amended has been placed for perusal. Section 11 A of the Corporation Act contains the extent of reservation infavour of reserved categories for the office of Chairpersons in the Corporation called 'Mayor'. Under Sub-section (1) of Section 11A on the basis of population of reserved categories in the whole of the State in the limits of Municipal Corporation, seats are to be reserved for the offices of Chairpersons Mayor. Under Sub-section (2) of Section 11 A, 25% of the total number of offices of Mayor are to be reserved for other backward classes. Under Sub-section (3) of Section 11A out of seats reserved for Scheduled Castes, Scheduled Tribes and Other backward Classes for office of Mayor, l/3rd seats are to be reserved for women belonging to those categories. Under Sub-section (4) of Section 11A from out of the total number of offices of Mayor in the State, as nearly as possible, l/3rd (including posts reserved for women of reserved categories) are to be reserved for women of general category. This is again both horizontal and vertical reservation for women. Under Sub-section (5) of Section 11A the manner of reservation is to be prescribed by Rules. The explanation below Section 11A provides that expressions 'Scheduled Castes', 'Scheduled Tribes' and 'Other Backward Classes' shall have the same meaning as assigned to them, in the Act No. 21 of 1994 mentioned above which is an enactment for making reservation for categories in public services. To lay down the method and manner of reservation and allotment of seats by lots and rotation for certain categories of reserved classes, Rules have been framed under the Act known as M.P. Municipalities (Reservation of office of Mayor and President) Rules, 1999 (for short the Rules). The relevant provisions contained Rules 5, 6 and 9 need reproduction. They read as under - 5. Procedure of Reservation. - (1) Such number of offices shall be reserved for Scheduled Castes and Scheduled Tribes as shall bear the same proportion, as nearly as may be, as the population of each of these categories, within the limits of all the Municipal Corporations, all Municipal Councils and all Nagar Panchayats as the case may be in the State bears to the total population within such limits. Such offices shall be reserved in descending order in those Municipalities in which the percentage of population of Scheduled Castes or Scheduled Tribes, as the case may be, is highest in their total population. Explanation. - If there is any Municipality where the percentage of population of both the Scheduled Castes and Scheduled Tribes is highest in their category then reservation shall be made for such Category whose percentage is higher in that Municipality. (2) Leaving the Municipality where reservation has been made for Scheduled Castes, Scheduled Tribes, as the case may be, under Sub-rule (1) lot of the names of remaining Municipalities shall be drawn and as nearly as possible, one-fourth of the total offices shall be reserved for other Backward Classes. (3) Out of the offices reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes under Sub-rule (1) and (2) as the case may be, as nearly as may be one-third offices shall be reserved for women of the aforesaid categories by drawing of lots. (4) As nearly as may be one third (including the number of offices reserved for women belonging to the Scheduled Castes. Scheduled Tribes and Other Backward Classes under Sub-rule (3) of the total number of seats, shall be reserved for women by drawing of lot of the names of unreserved Municipalities. (5) While calculating under sub-rules (1), (2), (3) and (4) the fraction less than half shall be ignored and fraction of half and more than half shall be counted as one. (6) Procedure of subsequent reservation. - For every subsequent reservation purpose, same procedure of reservation shall be adopted as laid down in Rule 5, but the reservations to be made by lot shall be by rotation system and for this purpose the names of Municipalities, offices of which have been reserved for a category shall not be included in the lot for the reservation of that category until such Municipality does not come again in the order of reservation. Explanation - The names of such Municipalities in which reservation for other women (including reservation for women belonging to the categories of Scheduled Castes, Scheduled Tribes and Other Backward Classes) has been made previously shall not be included in the lot for reservation of women belonging to any of such categories until the name of such Municipality does not come again for reservation of any women belonging to the aforesaid category in the rotation system. Process of reservation. - (1) The prescribed authority shall publish a notice of the date, place and time of the making reservation in such Hindi Newspaper having circulation in the areas of the Municipalities. (2) The prescribed authority shall record the process adopted for reservation in writing and keep a register permanently in which it shall be mentioned that when and in which Municipality the offices of Chairpersons have been reserved for which category so that at the time of drawing lot for the subsequent reservation, rotation system may be adopted. (3) Immediately after making the reservation of the offices of Chair persons, the prescribed authority shall send the information to this effect to the State Government and the State Government shall publish such information in the Madhya Pradesh Gazette and shall also be pasted on the notice Boards of the offices of the Collector and the office of the Municipality and a copy of the same shall be sent to the State Election Commission. It is not necessary to describe in detail the provisions of reservation in the Municipality contained in the Municipalities Act as the extent of reservation is the same. Similar method can be found in Section 29A for seats in the wards and u/s 29B for seats of Chairpersons i.e. President of Municipal Council and Nagar Panchayats. The Rules of 1994 which are in Hindi are applicable. They contain the procedure of making reservation and rotations of reserved wards by lots for Municipalities and Corporations. The relevant Rules which have to be reproduced are Rules 3 and 4. They read as under "3. The Rules of 1994 which are in Hindi are applicable. They contain the procedure of making reservation and rotations of reserved wards by lots for Municipalities and Corporations. The relevant Rules which have to be reproduced are Rules 3 and 4. They read as under "3. (2) (3) (4) (5) (6) Having thus examined the provisions of the Constitution the two Acts and the Rules framed there under lying down the extent and method of reservation of seats for members and Chairpersons in local bodies, now stage has been reached to consider the grounds on which the provisions of the two Acts and Rules have been challenged in these batch of petitions. On behalf of the petitioners arguments were advanced by learned counsel Shri N.S. Kale, Shri Rajendra Tiwari and Shri Ravindra Shrivastava. The other counsel who appeared adopted the arguments and advanced some additional arguments peculiar to the facts of their individual cases which we shall deal separately where-ever necessary. ALLEGED RESERVATION AT FLAT RATE of 25% IN FAVOUR of OTHER BACKWARD CLASSES On behalf of the petitioriers the three learned counsel who addressed the Court assailed the reservation both in Corporation and Municipal Council at the alleged flat rate of 25% in favour of other Backward Classes. The contentions advanced in different ways on behalf of the petitioners are that as provided in the Constitution and in Sub-section (1) of Section 11 of the Corporation Act analogous to Sub-section (1) of Section 29A of the Municipalities Act, reservation in favour of a reserved category of citizen can only be made on the basis of their proportionate population in the Municipal area concerned. This principle of proportionate representation on the basis of population as is made applicable to Scheduled Castes and Scheduled Tribes cannot be departed from in making reservation at flat rate of 25% for other Backward Classes - In support of the above argument that reservation at flat rate of 25% for Other Backward Classes is without any nexus with the proportion of population of Other Backward Classes in Municipal Areas, it is pointed out that Mahajan Commission Report merely contains the identification of the other Backward Classes in various districts in the State and their population figures district wise. The report of the Mahajan Commission cannot form basis for ascertaining the percentage of population of other Backward Classes in each of the Municipal areas. The report of the Mahajan Commission cannot form basis for ascertaining the percentage of population of other Backward Classes in each of the Municipal areas. Percentage of population in each Municipal area alone would have been relevant for providing reservation in favour of Other Backward Classes. The decision in the case of Anugrah Narain Singh and Another Vs. State of U.P. and Others, was cited and certain paragraphs from it were read before us to point out that in that case the Supreme court up held the reservations in favour of Other Backward Classes as the rules framed by Legislature of Uttar Pradesh enabled ascertainment of the population of Other Backward Classes on the basis of a separate sociological survey conducted by State of U.P. It is argued that in the absence of such a sociological survey and the ascertainment of population in different Municipal areas of State of M.P. a flat reservation of 25% in favour of O.B. Cs is arbitrary and unconstitutional. It is also discriminatory under Article 14 of the Constitution of India. It is submitted that such a law which is unconstitutional and in violation of Article 14 of the Constitution of India is not immune from challenge on the bar contained in Section 243-ZG. which protects only a law which can be said to have been made or purporting to have been made in accordance with Article 243-ZA of the Constitution. Reliance is placed on the case of Azimunissa and Others Vs. The Deputy Custodian, Evacuee Properties, District Deoria and Others, for interpreting the word 'purporting to be made' as used in Clause (a) of Article 243-ZG which creates a bar to interference by Courts in Electoral matters concerning laws relating to de-limitation of constituencies, allotment of seats and to any election held under such law. Shri Vivek Tankha, learned Advocate General appearing for the State has placed before us the two volumes of the Mahajan Commission report and has placed a photo copy of the extract of the recommendations to point out that not only the Other Backward Classes have been identified by the State by setting up a Commission for the purpose but the population of Other Backward Classes in various districts of the State has also been ascertained. It is submitted that the over all population of the Other Backward Classes in the State of M.P. exceeds little over 48%. It is submitted that the over all population of the Other Backward Classes in the State of M.P. exceeds little over 48%. Their population is spread up through out the State and inter mixed with General categories both in Urban and Rural areas. This fact has been ascertained from the report of the Mahajan Commission. It is on the above population figures of 48% of Other Backward Classes which is spread up throughout the State in Urban and Rural areas that the State has taken a decision to provide them reservation as nearly as possible to the extent of 25%, in Corporations and Municipalities where 50% or less than 50% seats are reserved for Scheduled Castes and Tribes. We have given our thoughtful consideration to the argument advanced on behalf of the petitioners to fixation of 25% reservation for Other Backward Classes. We find no justification in the argument advanced on behalf of the Petitioners that the reservation of 25% made in favour of Other Backward Classes has no nexus what-so-ever, with their population in the Municipal Areas. It may be that Mahajan Commission report does not give the population of Other Backward Classes municipal area wise in whole of State. The Mahajan Commission report, however, cannot be said to be totally irrelevant for ascertaining the total population of Other Backward classes interspersed with other population in various districts of the State. There is no challenge to the report on identification of Other Backward Classes of the Mahajan Commission showing the population figures of Other Backward Classes almost in all districts between 40% to 45%. This is reflected from the extract of the Mahajan Commission report placed before us. Reservation, therefore, in their favour to the extent of 25% in urban local bodies where the reservation for Scheduled Castes and Scheduled Tribes is 50% or less, cannot be held to be arbitrary and without reference to or connection with their percentage of population in the municipal area. The argument advanced questioning the fixation of alleged flat 25% rate of reservation for Other Backward Classes in Municipal bodies is not based on actual facts. From the language used in Sub-section (2) of Section 11 of the Corporation Act analogous to Sub-section (2) of Section 29A of Municipalities Act, 25% reservation for Other Backward Classes is not at flat rate. From the language used in Sub-section (2) of Section 11 of the Corporation Act analogous to Sub-section (2) of Section 29A of Municipalities Act, 25% reservation for Other Backward Classes is not at flat rate. The expression used in those sections is "as nearly as possible" 25% of the total number of seats shall be reserved for Other Backward Classes. The expression "as nearly as possible" makes 25% as the outer limit and not a fixed uniform flat rate. If is also not correct to suggest that fixation of this outer limit of 25% for Other Backward Classes for reservation of seats has no nexus or relation with their population in municipal areas. The Mahajan Commission report is a relevant document with the State to form a bona fide opinion that throughout the State the population of Other Backward Classes in Urban and Rural areas in various districts exceeds much more than 25% of the total population of the Municipal Areas concerned. It is also wrong to suggest that the population of Other Backward Classes in Rural Areas for their representation on reserved seats in Urban area to Municipal Bodies is totally irrelevant. There is always inter-connection and mutual co-operation needed in the local bodies in Rural areas and in Urban areas as means of communication, transport, occupation, business, taxation as also civic amenities are interconnected between Rural and Urban population of a district, in the State. We are, therefore, unable to accept the argument advanced on behalf of the petitioners that fixation of 25% reservation as outer limit for Other Backward Classes is regardless of their population in the Urban areas. The challenge, made to 25% reservation in favour of Other Backward Classes, therefore, fails. CHALLENGE TO RESERVATION FOR VARIOUS CATEGORIES ALLEGEDLY BEING IN EXCESS of 50%. The next ground of challenge urged on behalf of the petitioners is that in many of the Municipal areas where elections are proposed for constituting Corporations, Municipalities and Nagar Panchayats the total reservation inclusive of all the categories i.e. Schedule Castes and Scheduled Tribes, Other Backward Classes including women from general and reserved categories exceeds 50% of the total seats. Such reservations it is argued, being in excess of 50% of seats is prima facie unreasonable and deserves to be struck down as was held in the Constitution Bench decision in the case of Indra Sawhney etc. etc Vs. Such reservations it is argued, being in excess of 50% of seats is prima facie unreasonable and deserves to be struck down as was held in the Constitution Bench decision in the case of Indra Sawhney etc. etc Vs. Union of India and others, etc. etc., , in which 50% is the limit of reservation laid down and up held by the Supreme Court in reservations for different classes of citizens for appointment and recruitment to public services. Reliance is also placed on an unreported division bench decision of this Court in W.P. No. 1013/90 (Anand Manohar Tambe vs. State of M.P.) decided on 12-12-96, in the matters of reservation of seats for election to Cooperative Societies. On behalf of the State, in its return and by supplying the relevant dates, it is pointed out that except for the Municipal Corporation Korba and for other urban areas where the population of Other Backward Classes is extra ordinarily high compared to other Municipal Areas, by and large the total reservations for different categories like Scheduled Castes, Scheduled Tribes, Other Backward Classes and women of reserved and general categories have not exceeded 50%. In our considered opinion, if reservations in favour of reserved categories or classes of citizens for election to local bodies based on proportionate population is permitted by the constitutional provisions contained in Part IX of the Constitution, challenge to reservation on the ground that it exceeds 50% is unacceptable. It may be mentioned that the petitioners have challenged the constitutional validity of the State Legislation contained in the two Acts and Rules framed thereunder but there is no challenge made to the validity of the Constitutional provisions permitting. reservations based on principle of proportionate population contained in Part IX of the Constitution of India. Reservation of seats for special classes of citizens such as Scheduled Castes, Scheduled Tribes and socially and educationally backward classes cannot strictly be limited to the ceiling of 50% as was the ceiling put in the case of Indra Sawhney (supra) in recruitment to public services where efficiency of administration is one of the important considerations to be kept in view while judging the reasonableness of a reservation policy. We have dealt with this aspect of the challenge in greater detail in our judgment delivered today in a batch of petitions challenging similar provisions of reservations in excess of 50% to Panchayats in W.P. No. 2262/99 (Since reported in Ashok Kumar Tripathi Vs. Union of India (UOI) and Others, . NON-ROTATION of RESERVED SEATS AMOUNTS TO RESERVATION IN PERPETUITY Learned Counsel Shri Rajendra Tiwari on behalf of the Petitioners contended that the provisions of the Constitution, the two Acts and the Rules framed thereunder require that seats which were reserved in the preceding election will be excluded from being reserved in the subsequent election and this principle of rotation by lots of reserved seats is applicable to all seats reserved for all reserved categories such as Scheduled Castes, Scheduled Tribes, Other Backward Classes (including women of that category) and women of general category. It is pointed out that in many of the Municipal areas seats in the preceding election reserved for Scheduled Castes women and for Other Backward Classes women are reserved for Scheduled Castes or Other Backward Classes in the ensuing election and vice-versa. Similarly it is pointed out that some seats reserved for Scheduled Castes and Scheduled Tribes in all the preceding elections have again been reserved for those categories without rotating them. It is submitted that this is in contravention of the provisions of the Act and the Rules. The reservations made in different Municipal Areas are challenged for not implementing the provisions of the Act and Rules strictly in accordance with the procedure laid down. On behalf of the State attention has been invited to the method of reservation indicated in the two Acts and the Rules. We find great force in the submission made on behalf of the State that rotation of reserved seats by lot is applicable only to seats reserved in the previous election for Other Backward Classes, women of reserved categories of Scheduled Castes, Scheduled Tribes, Other Backward Classes and women general. Section 11(1) of the Corporation Act and Section 29A (1) of the Municipalities Act does not contain provision for rotation of seats by lot which were reserved in the preceding election for Scheduled Castes and Scheduled Tribes. This is also clear from Rule 3 read with sub Rules thereunder and Rule 4 of 1994 Rules quoted in Hindi above. Section 11(1) of the Corporation Act and Section 29A (1) of the Municipalities Act does not contain provision for rotation of seats by lot which were reserved in the preceding election for Scheduled Castes and Scheduled Tribes. This is also clear from Rule 3 read with sub Rules thereunder and Rule 4 of 1994 Rules quoted in Hindi above. The provisions of Article 243-T of the Constitution no doubt enables rotation of seats reserved for Scheduled Castes and Scheduled Tribes. What is to be noted from the constitutional provision contained in Article 243-T is that there is a mandate for reservation of seats in wards in Municipal Areas for Scheduled Castes and Tribes in proportion to their population. The language used is 'the seats shall be reserved' but in the same article so far as allotment of seats by rotation is concerned, the Constitution has purposely used the expression 'such seats may be allotted by rotation to different constituencies. It is thus clear that the provision of rotation is only an enabling one. The power is given to the State Legislature under Cl(6) of Article 243-T to make a law providing for reservation of seats and offices of Chairpersons for Other Backward Classes and for Chairpersons for Scheduled Castes and Scheduled Tribes and women. In accordance with C1.4 of the said Article, the State Legislature is competent to provide, as is pointed out on behalf of the State to reserve seats for Scheduled Castes and Scheduled Tribes by ascertaining their population and making reservation in a descending order based on such population. It is not mandatory to apply the rotation system to seats to be reserved for Scheduled Castes and Scheduled Tribes. The learned Advocate General is right in pointing out that if rotation system is applied also to the Scheduled Castes and Scheduled Tribes seats reserved in descending order after ascertaining their population in various Municipal areas, even the wards in areas where their concentration of population may not be there or is less, would get reserved for them on rotation basis. That would be a result contrary to the intention for which the seats are reserved on the basis of population of Scheduled Castes and Scheduled Tribes. That would be a result contrary to the intention for which the seats are reserved on the basis of population of Scheduled Castes and Scheduled Tribes. We are, therefore, unable to accept the submissions made on behalf of the petitioners that rotation system should also be applied to seats reserved in preceding election for Scheduled Tribes and Scheduled Castes. The State Legislature was fully competent to make a law in the two Acts and the, Rules that only the seats reserved in preceding election for Other Backward Classes and women which are categories of citizens in all the wards of a Municipal Area shall be rotated by lots but not the seats of Scheduled Castes and Scheduled Tribes. It is for the aforesaid reason that the seats which were reserved in the preceding election by rotation and on lots alone are required to be rotated again in the subsequent election or the ensuing election and no contravention of the Act or the Rules can be held to have been committed by the State. CHALLENGE TO THE RESERVATION TO THE OFFICES OF CHAIRPERSONS ON THE BASIS OF STATE AS UNIT INSTEAD OF MUNICIPAL AREA of THE CONCERNED LOCAL BODY. Shri Ravindra Shrivastava, learned counsel appearing for some of the petitioners in these batch of petitions in his address urged that every Municipality is a self contained unit of Local Self Government and is considered as an autonomous body. Any policy of reservation for wards and Chairpersons must have co-relation with the Municipal area of that Municipality. It is contended that the State Legislature while purporting to enact a law in accordance with Article 243-T(4) and (6) of the Constitution, instead of making 'Municipality' as a unit cannot take 'State' as the unit for fixing the extent of reservation and the manner of reservation. In support of the above argument learned Counsel submits that the provisions of Article 243-T(4) have to be compared with Article 243-D(4) applicable to Panchayats. It is pointed out that under Article 243-D(4) the State Legislature has been permitted by the Constitution to take into account the population of all Panchayats in the 'State'. In support of the above argument learned Counsel submits that the provisions of Article 243-T(4) have to be compared with Article 243-D(4) applicable to Panchayats. It is pointed out that under Article 243-D(4) the State Legislature has been permitted by the Constitution to take into account the population of all Panchayats in the 'State'. Absence of similar provision or proviso in Article 243-T(4) of the Constitution applicable to Municipality, on the principle of interpretation "Caussus Omissus" is a clear indication that for making a policy of reservation and evolving a methodology for it the State Legislation cannot adopt State as Unit for making reservation for reserved classes in wards and for offices of Chairpersons. It is pointed out that both under the Corporation and Municipalities Act from out of the total offices of Chairpersons certain offices on the basis of proportionate population of Scheduled Castes, Scheduled Tribes and Other Backward Classes including women of that category and general women category in the whole of the State are to be reserved for them. This procedure runs counter to the Constitutional object manifested by Article 243-T as compared with Article 243-D of the Constitution. 41-A. The argument is no doubt attractive but on a careful and closer scrutiny of the Constitutional provisions and the two enactments and Rules, is found by us to be totally unacceptable. Undoubtedly under first proviso to Clause (4) of Article 243-D, there is an express indication that for reservation of seats for Chairpersons in the Panchayats for Scheduled Castes, Scheduled Tribes and Women, their proportionate population in whole of the State can be taken into account and such express provision is absent in Article 243-T, in C1.-4 of Article 243-T, however, in the matter of reservation of seats of Chairperson in the Municipalities the Legislature of the State, has been given a discretion or choice. On the principle of "Caussus Omissus", it cannot be said that where the State Legislature has been allowed to make law, it has been prohibited from taking 'State' as a unit as is permissible for reservation of seats in Panchayats for the offices of Chairpersons. The policy of reservation presupposes plurality of posts or offices. In every Corporation or Municipality office of a Chairperson is one. The policy of reservation presupposes plurality of posts or offices. In every Corporation or Municipality office of a Chairperson is one. If the Constitution and the law recognise reservation of seats for Chairpersons, the unit has to be the whole State and cannot be the Corporation or the Municipality. In our considered opinion, therefore, the legislature could make a valid law and it is in accordance with the Constitution that seats for Chairpersons shall be reserved for categories on the basis of their percentage of population in the whole of the State. The source of such power in the State Legislature for Scheduled Castes, Tribes and Women is contained in C1.4 of Article 243-T and for Other Backward Classes in C1.6 of the said article. We do not find that the State Legislation has in any manner contravened any provision of the Constitution. THE POPULATION FIGURES ON THE BASIS OF WHICH THE WARDS HAVE BEEN RESERVED FOR MEMBERS and OFFICES OF CHAIRPERSONS IN MUNICIPALITIES IS NOT BASED ON THE LATEST SURVEY OF POPULATION. The last ground urged on behalf of the petitioners is that in accordance with the Constitutional provisions and the two enactments particularly Section 29 of the Municipalities Act, before every election survey should have been made by the State Government to ascertain the population of various categories in a Municipal Area before making reservation of the wards and reservations for offices of Chairpersons. It is submitted that neither 1991 census nor the Mahajan Commission report give the exact or approximate population figures of various categories of citizens for holding election in the year 1999 or beginning of 2000. The above argument advanced is only to be mentioned for its rejection. Under Article 243-E the 'population' has been defined to mean the population as ascertained at the last preceding census of which relevant figures have been published. The same definition of the Constitution has been borrowed in Rule 2(d) of the Rules of 1999 adopted for reservation of offices of Mayors and Presidents. As has been pointed out to us the population of Scheduled Castes and Scheduled Tribes including Women of reserved and general category are ascertainable from 1991 census and the population of Other Backward Classes in the State district wise has been ascertained from the notification issued on the recommendation of Mahajan Commission. As has been pointed out to us the population of Scheduled Castes and Scheduled Tribes including Women of reserved and general category are ascertainable from 1991 census and the population of Other Backward Classes in the State district wise has been ascertained from the notification issued on the recommendation of Mahajan Commission. The latest notification issued by the State identifying the Other Backward Classes is dated 5-4-97 and has been brought to our notice in the course of hearing. Both in Section 11 of the Corporation Act and Section 29A of the Municipalities Act, an explanation has been added to define Other Backward Classes to mean those as notified by the State Government. The Constitution and the Rules framed by the State, therefore, only permit census figures to be taken as basis for making reservations in wards for members and Chairpersons. When the last census figures are available, no other basis to ascertain population could be taken the State on its own survey of the population. That would become a subject of challenge and doubt as regards its authenticity. The next census is due only in the year 2001. For the elections proposed to be held in the end of the year 1999 or in the year 2000, the census figures of 1991 would alone be relevant for making reservation for Scheduled Castes, Scheduled Tribes and Women of categories and General. For reservation in favour of Other Backward classes, as held by us above, the report of Mahajan Commission constitutes a sound and relevant basis for making reservation to the extent of outer limit of 25%. In the end although we have found none of the challenges made to the State Law are sustainable, the petitions otherwise also deserve to be dismissed due to the Constitutional bar contained in Article 243-ZG which reads as under - "243-ZG. Bar to interference by Courts in electoral matters. - Notwithstanding anything in this Constitution. In the end although we have found none of the challenges made to the State Law are sustainable, the petitions otherwise also deserve to be dismissed due to the Constitutional bar contained in Article 243-ZG which reads as under - "243-ZG. Bar to interference by Courts in electoral matters. - Notwithstanding anything in this Constitution. - (a) the validity of any law relating to the de-limitation of Constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 243-ZA shall not be called in question in any Court; (b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State." We are hearing the petitions when the wards and offices of Chairpersons have been reserved. The elections have been notified and have commenced with the filing of nominations and the proposed date of poll is 22-12-99 as per the election programme already notified. Provisions of Article 243-ZG create a bar in examining the validity of any law relating to de-limitation of Constituencies or the allotment of seats to such Constituencies made or purporting to be made under Article 243-ZA. Under Clause (b) of Article 243-ZG, an election to any Municipality can be called in question only by an election petition. It was argued on behalf of the Petitioners that powers of this Court under Article 226 of the Constitution as part of basic structure of the Constitution of judicial review cannot be taken away even by Constitutional Amendment resulting in insertion of Part-IXA in the Constitution. The non-obstante clause of Article 243-ZG cannot take away the power of this Constitutional Court to examine whether any law violates Part-III of the Constitution containing the fundamental right of equality under Article 14, 15 and 16 of the Constitution. We have dealt with the effect of the Constitutional bar contained in Article 243-0 applicable to Panchayat elections in Panchayat law. Article 243-O is analogous to Article 243-ZG. In view of our judgment delivered today concerning Panchayat election and reservations of seats in them it is not necessary for us to give detailed reasons on the effect of Article 243-ZG. We have dealt with the effect of the Constitutional bar contained in Article 243-0 applicable to Panchayat elections in Panchayat law. Article 243-O is analogous to Article 243-ZG. In view of our judgment delivered today concerning Panchayat election and reservations of seats in them it is not necessary for us to give detailed reasons on the effect of Article 243-ZG. We have held that taking into consideration the intendment in Article 243-G and 243-ZG the power of this Court under Article 226 of the Constitution to test any law on touchstone of Constitutional fundamentals cannot be held to have been taken away. As in this batch of petitions we have found none of the grounds of challenges as sustainable on the Constitutional provisions or the law and since in our opinion there is no ground to interfere in the election for which the process has already begun and in the half way, we do not find any justification to invoke our powers under Article 226 of the Constitution of India. We respectfully rely on the decision of N.P. Ponnuswami Vs. Returning Officer, Namakkal Constituency and Others, and the case of Anugrah Narain Singh vs. State of U.P., (1996) 6 SCC 303 , where applying the Constitutional bar the Court declined to interfere in the process of election. It is necessary to make a mention of few other grounds urged in their individual cases by learned Counsel Shri S. Raghuwanshi in writ petitions No. 5058/99, 5059/99 and 5060/99 which have been transferred to the main seat from the Gwalior Bench for decision analogously with these batch of petitions. The first ground urged in this batch of petitions from Gwalior Bench is that Article 243-T Clause 4 read with Article 243-S Clause 4 contemplate reservation for offices of Chairpersons in Committees as defined in Article 243-P(a) of the Constitution. It is contended that there can be no reservation under the aforesaid constitutional provisions for Chairpersons in the Municipalities. The argument advanced is totally misleading and is based on misreading of the provisions of the Constitution contained in Part IX-A. Under Article 243-P(a) 'Committee' has been defined to mean - "a Committee constituted under Article 243-S". Under Article 243-S in a Municipality various ward committees can be constituted by a law to be made by the Legislature of the State. Clause-4 of Article 243-S provides for nominating a Chairperson to ward committees. Under Article 243-S in a Municipality various ward committees can be constituted by a law to be made by the Legislature of the State. Clause-4 of Article 243-S provides for nominating a Chairperson to ward committees. The ward committees to be constituted under Article 243-S are not constituted through any election and the office of Chairperson of the ward committee is also not an elected office. Clause-4 of Article 243-T contemplates reservation to the offices of Chairpersons in Municipalities. The reservation contemplated under Article 243-T is to the elected office of the Chairpersons in the Municipalities. The words and expressions used in Clause-4 "The offices of the Chairpersons in the Municipalities shall be reserved" cannot be read to mean Chairperson of ward committees. The argument advanced on behalf of the petitioners is therefore, fallacious and is out right rejected. The second ground urged in their individual cases by Shri Jitendra Maheshwari in W.P. 5060/99 and other learned counsel who addressed the Court is that the seats reserved in last elections for reserved category of Scheduled Caste (women) cannot be again reserved in the ensuing elections for the same reserved category (excluding women). We have dealt with the ground in greater detail in earlier part of our order. We may only reiterate that as held by us above, Rule 6 relied for the purpose for exclusion of a seat reserved for one category in last election for the subsequent election is attracted only if the reservation earlier made was by lots. Such rule of exclusion cannot be made applicable where reservation is made in favour of S.C./S.T. on the basis of population figures in descending order. The exclusion according to Rule-6 is applicable only where lots were drawn for the category of seats reserved for O.B. Cs and women in the preceding election. In W.P. 4855/99 learned counsel Shri Nagu appearing for the petitioner urged that O.B.C. women and women general cannot be treated as distinct categories for application of Rule 8 and Rule 6. As has been held by us above, the words used 'Class' or 'Category' denote that O.B.C. women and women general are two different categories and a seat which was in the earlier elections reserved for O.B.C. women, in subsequent election to be held, by exclusion and lots, could be reserved for women general vice-versa. As has been held by us above, the words used 'Class' or 'Category' denote that O.B.C. women and women general are two different categories and a seat which was in the earlier elections reserved for O.B.C. women, in subsequent election to be held, by exclusion and lots, could be reserved for women general vice-versa. The Scheme of rules contemplates that rule of exclusion is not absolute and it has to be adhered to as far as possible in drawing lots for reservation for class of certain reserved categories. It is also necessary to make a mention of arguments advanced in W.P. 4914/99 by learned Counsel Shri Adarsh Muni Trivedi on behalf of his petitioner representing as a proposed candidate or voter from Cherital Ward in Jabalpur Corporation. It is submitted that the Cherital Ward has been bifurcated in two Wards Cherital and Deendayal Upadhyay Ward. It is submitted that no sociological survey has been made up-to-date before holding election to find out justification for continuing to treat, Cherital Ward as reserved for Scheduled Castes. Reliance has been placed on documents showing population figures of Scheduled Castes in Cherital Ward ascertained on the basis of survey conducted by the Corporation to identify slums for clearance under the provisions of the M. P. Gandi Basti Kshetra (Sudhar Tatha Nirmulan) Adhiniyam, 1976 (M.P. Act No. 39 of 1976). We have examined the provisions of the above mentioned Act No. 39 of 1976. From its provisions we find that u/s 4 of the said Act a Local Authority has been empowered to make a report with regard to the buildings in slum areas which are unfit for human habitation and require to be demolished. Similarly, u/s 10, the Local Authority is empowered to report to the Competent Authority any land required after clearance of the slums area for improvement of the slum areas. Under the provisions of the said Act of 39 of 1976 there is no power with the Local Authority to identify and ascertain Schedule Castes and their population. The population figures thus given in the survey made under the Act No. 39 of 1976 by Local Authority are not decisive and cannot form permissible basis for reservation of seats for elections to the local bodies. The population figures thus given in the survey made under the Act No. 39 of 1976 by Local Authority are not decisive and cannot form permissible basis for reservation of seats for elections to the local bodies. As we have hold above under the Constitution as also under the Act and Rules the elections are to be held on the basis of population figures ascertained in last census i.e. of the year 1991. We cannot, therefore, hold on the basis of survey of population made under Act No. 39 of 1976 for slum areas that the proposed elections to the Corporation Jabalpur are being held on the basis of population figures which are not realistic and based on up-to-date survey. Similar arguments were advanced by learned Counsel Shri Sanjay Patel in W.P. 4513/99 in respect of reservation for seat for Scheduled Castes from the Ward Thakkar Gram' within Jabalpur Corporation limits and for same reasons we reject the same. As a result of the detailed discussion of various grounds urged before us, we find no merit in any of these petitions. Consequently, all the petitions are dismissed but in the circumstances we leave the parties to bear their own costs. Per S.K. Kulshrestha, J. - While I fully agree with my learned Brother D.M. Dharmadhikari, J. that within the Scheme of Part IX and IX-A of the Constitution, the State Laws providing for reservation for Scheduled Castes, Scheduled Tribes, other backward classes and Women in all categories, including the unreserved seats, are Constitutionally not infirm and based on proportionate representation there can be reservation beyond the normally acceptable limit of 50%, yet I find it necessary to observe that it should normally be in exceptional cases that reservation should exceed 50% on grounds strictly justifiable in law. The protection Should not be over extended or ove stretched to transgress the limits as a matter of course as it is necessary to bear in mind that a law which is good in the present context may tend to become discriminatory over the years and render itself unconstitutional. Provision for reservation of twenty-five per cent, as nearly as possible, has been made in favour of the other backward classes, in Panchayats and Municipalities, in cases where reservation of seats/wards does not exceed fifty per cent. Provision for reservation of twenty-five per cent, as nearly as possible, has been made in favour of the other backward classes, in Panchayats and Municipalities, in cases where reservation of seats/wards does not exceed fifty per cent. This reservation has been held by us to be the upper limit in favour of Other Backward Classes and, therefore, the law, as interpreted, provides adequate latitude in its implementation to keep the reservation within bounds aforesaid at least in the areas where in keeping with the constitutional imperatives enshrined in part IX and IX-A, the reservation for Scheduled Castes and Scheduled Tribes is much less and the area is not a Scheduled Area governed by the Special provisions contained in the Fifth Schedule to the Constitution. It is by no means to suggest that adequate steps should not be taken for the uplift of the backward classes who undoubtedly need protection, yet the reservation should not create such an imbalance as to lead to disharmony at any level of self-governance. Agreeing with my learned Brother, these petitions are dismissed with the above observations. Final Result : Dismissed