Judgment Rule. Heard forth. 2. The petitioner is a Councillor of the Ahmednagar Municipal Corporation and was also the Chairman of the Standing Council of the Ahmednagar Municipal Corporation. According to the petitioner, the petition has been filed for the purpose of challenging the legality and the validity of the reservations declared by respondent No.3 for Scheduled Castes, Scheduled Tribes, Other Backward Classes including seats reserved for women. The petitioner has stated that the basis for reserving the wards for S.C., S.T. and O.B.C, is the respective population of that category in the concerned ward. The formation of wards for the Ahmednagar Municipal Corporation is under progress and as long as the wards are not finalised, it is not possible to determine the population of any ward much less the population of any particular category in that ward. As the very basis of reservation is population of the ward and as the population of the ward is yet to be determined, the reserved wards cannot be determined. . The petitioner, therefore, by the present petition has sought relief, to quash and set aside the reservations for S.C., S.T., O.B.C., and women as notified by respondent No.3 and issue necessary orders for the said purpose. The further relief sought for is by way of mandamus or directions to direct respondent Nos. 2 and 3 who are the Ahmednagar Municipal Corporation and its Officers to determine the reservation of the wards of the Ahmednagar Municipal Corporation in terms of Section 5A of the Bombay Provincial Municipal Corporation Act, 1949, after the formation of the wards and issue necessary orders for the said purpose. 3. The basic contention, therefore, of the petitioner is that unless wards are first finalised, no reservation can be made wardwise, as the population of S.C., S.T., and O.B.C., and like figures in the wards would not be available. 4. Respondent No.4 is the State Election Commission, who have filed their affidavit through its Under Secretary. It is set out therein that Section 5A of the Bombay Provincial Municipal Corporations Act, 1949, hereafter referred to as "Act", provides that the total number of reservations for S.C., S.T., categories be based on the population of the said category vis-à-vis the total number of seats and the total population. It is set out therein that Section 5A of the Bombay Provincial Municipal Corporations Act, 1949, hereafter referred to as "Act", provides that the total number of reservations for S.C., S.T., categories be based on the population of the said category vis-à-vis the total number of seats and the total population. The seat for the concerned reserved category is to be calculated as per the following formula:- Number of = Population of the Total number Seats of reserved concerned X of seats Category category -------------------------------- Total population By applying such formula, the seats are calculated for the S.C., and S.T., categories. 27% seats for Backward Class of Citizens. Not less than one third seats are to be earmarked for women including women belonging to the categories of S.C., S.T., and Backward Class of citizens. It is set out that the Section 5 of the Corporation Act provides for constitution of corporation. Sub-section (2) lays down the number of Councillors to be elected based on the population of the city and sub section (3) deals with the wards into which the city shall be divided for the purpose of wardwise election of Councillors. Considering the provisions, it is contended that reservation is required to be published so as to enable the public at large, to have information regarding reservation. Section 10 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 makes it mandatory on the State Election Commission to specify the reservation in the draft notification. It has been the standard practice of the State Election Commission since its establishment in 1994, to declare the reservation of the wards at the time of draft notification, in order to appraise the citizens of the city of the provisional reservation so as to enable them to submit their objections and suggestions. The State Election Commission is therefore following the same policy for Municipal Council and Corporation, Zilla Parishad, Panchayat Samiti, Village Panchayat elections. Also the Delimitation Commission constituted to delimit Legislative Assembly and Lok Sabha seats also publishes the reservation at the time of draft notification. 5. Ahmednagar Municipal Corporation came to be established in 2003. In the first general election, there were 21 wards and the wards were multi-number electing 3 to 4 members from each ward. Each ward was having number of different categories i.e, Scheduled Castes, Scheduled Tribes and Backward Class of Citizens and Women. 5. Ahmednagar Municipal Corporation came to be established in 2003. In the first general election, there were 21 wards and the wards were multi-number electing 3 to 4 members from each ward. Each ward was having number of different categories i.e, Scheduled Castes, Scheduled Tribes and Backward Class of Citizens and Women. The Act was amended in December 2004 by Maharashtra Act No.16 of 2004 to provide for single member wards for Municipal Corporations instead of multi-member wards. Therefore, in the ensuing election, there are 65 wards and each ward is a single member ward. In view of the change in the number of wards, the reservation cannot be rotated. The petition as filed is misplaced and consequently ought to be dismissed. 6. The State Election Commission on 20-02-2008 had addressed a letter to the Commissioner, Ahmednagar Municipal Corporation intimating that the State Election Commission is approving the draft ward formation, submitted to them by the Municipal Commissioner’s letter of 13-02-2008. The relevant part of the letter reads as under : " The draw of lots should be conducted on 07-03-2008. At the time of drawing of lots, a map showing all the wards should be displayed. Also the boundaries of each ward should be explained at the time of drawing of lots". 7. We may now consider the relevant provisions of the Act. Section 5(3) reads as under. "5(3). The State Election Commissioner shall, from time to time, by notification in the Official Gazette, specify for each City the number and boundaries of the wards into which such City shall be divided for the purpose of the ward election of councillors. So that, as for as practicable all wards shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same. Each of the wards shall elect only one councillor. So that, as for as practicable all wards shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same. Each of the wards shall elect only one councillor. Explanation.- For the purposes of this Act, the expression "latest census figures" obtaining in sub-section (3), shall mean,- (a) the figures of the latest census finally published and pending publication of final figures of the latest census shall mean the provisional figures published of such census; and (b) where the relevant final or provisionalfigures of the latest census are not available, the final relevant figures of the census immediately preceding the latest census: Provided that, no notification issued under sub-section (3), whether before or after the commencement of the Maharashtra Municipal Corporations, Municipal Councils, Nagar Panchayats and Industrial Townships (Third Amendment) Act, 1995, shall have effect except for the general election held next after the date thereof and for subsequent elections. Provided also that, before any notification is issued under sub-section (3), a draft thereof shall be published in the Official Gazette, and in such other manner as in the opinion of the State Election Commissioner is best calculated to bring the information to the notice of all persons likely to be affected hereby, together with a notice, specifying the date on or before which any objections or suggestions will be received and the date after which the draft will be taken into consideration. The other relevant provision is Section 5A which reads as under. "5A. The other relevant provision is Section 5A which reads as under. "5A. (1) (a) In the seats to be filled in by election in a Corporation, there shall be seats reserved for persons belonging to the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women, as may be determined by the State Election Commissioner, in the prescribed manner; (b) the seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in a Corporation shall bear, as nearly as may be, the same proportion in the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in that Corporation area bears to the total population of that area and such seats shall be allotted by rotation to different electoral wards in a Corporation: Provided that, one third of the total number of seats so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes: Provided further that, where only one seat is reserved for the Scheduled Castes or as the case may be, the Scheduled Tribes then no seat shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes and where only two seats are reserved for the Scheduled Castes, or as the case may be, the Scheduled Tribe, one of the two seats shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes; (c) the number of seats to be reserved for persons belonging to the category of Backward Class of citizens shall be twenty seven percent of the total number of seats to be filled in by election in a Corporation and such seats shall be allotted by rotation to different electoral wards in a Corporation: Provided that, one third of the total number of seats so reserved shall be reserved for women belonging to the category of Backward Class of citizens; .(d) one third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in a Corporation shall be reserved for women and such seats shall be allotted by rotation to different electoral wards in a Corporation. .(e) Notwithstanding anything contained in clauses (a) to (d), the State Election Commissioner may, by an order, issue instructions for rotation of wards reserved for the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women in Corporations where the number of wards have changed after the general elections for whatever reasons. .(2) The reservation of seats (other than the reservation for women) under clause (b) of sub-section (1), shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India." . Under Section 14(2), the State Election Commissioner may by order, delegate any of his powers and functions to any officer of the State Election Commission or any officer of the State Government not below the rank of Deputy Collector or any office of the Corporation not below the rank of the Assistant Municipal Commissioner. 8. The State Election Commission by notification dated 17-03-2008, has published in the Government Gazette, a draft order as required by Section 5 of the Act for information of all residents of Ahmednagar. The draft notification sets out the number of councillors to be elected and the number of reserved seats and further wards in respect of which seats are to be reserved. Note to the notification contains the following. (1). The reservation indicated in the schedule for the Backward Class of Citizens and women including seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, and Backward Class of Citizens is as per the lots drawn on 07-03-2008. (2). While finalizing the wards, if limits of any ward are changed and due to which change in reservation becomes necessary then draw for reservation will be done again. (3). A map of the Municipal Corporation showing limits of the ward is available during office hours for inspection in the office of the Municipal Corporation. It is, therefore, clear that in terms of this notification, it is provisional and at the time of finalizing the wards after hearing the objections, if limits of any wards are changed and due to which change in reservation became necessary, then draw for reservation will be done again. The Election Commission has also published the notification setting out the schedule for consideration of the objections. 9. We now consider the true import of Section 5A of the Act. The Election Commission has also published the notification setting out the schedule for consideration of the objections. 9. We now consider the true import of Section 5A of the Act. Section 5A(1)(a) mandates that the Election Commission shall reserve seats for the categories set out therein. Sub-clause (b) sets out that reservation is to be done as nearly as may be in the same proportion to the seats to be filled in by direct election in the Corporation as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in that Corporation area, bears to the total population of that area and such seats shall be allotted by rotation to different electoral wards in a Corporation. It is thus clear that reservation is based upon the population of the respective category of voters in that particular ward and which thereafter are to be rotated. Sub-section (3) of Section 5 sets out that the State Election Commissioner must specify the number and boundaries of the wards into which the City shall be divided for the purpose of the ward election of councillors. The exercise, therefore, for formation of the ward and also provision for reservation is the power conferred on the Election Commission. Does the Section contemplate that the wards have to be first formed and notified and only thereafter reservation has to be done. The reservation of seats is based on the population which is normally based on the electoral roll prepared by the Election Commission of India. The wards though geographical have also been notified by the State Election. The Section also provides for the number of councillors in each council and depending upon the population, additional number of councillors. In other wards, as far as possible the area of the ward will have to be based on the number of councillors, unless the Election Commission provides for more than one councillor from one ward based on the number of seats to be provisionally in that ward. In the instant case, we are not confronted with that situation as provisionally the City has been divided into 65 wards as per draft notification and also the reserved seats are set out. 10. In the instant case, we are not confronted with that situation as provisionally the City has been divided into 65 wards as per draft notification and also the reserved seats are set out. 10. In our opinion, on a plain reading of Section 5 and 5(3) of the Act, we have absolutely no doubt in our mind that both the formation of wards and reservation can be done simultaneously and the Act does not prohibit such an exercise. The provisional formation of wards and reservation is again subject to the objections that may be made before the wards are finally notified. The submission, therefore, made on behalf of the petitioner that reservation can only be subsequent to the formation of the wards, in our opinion, is misplaced. The population of the area would be known based on the census figures and other material including the electoral roll. Similarly, the population of the reserved categories would also be available. What the Election Commission therefore does is to notify the draft wards and draft reservation based on the material which will only be finalized after objections filed are considered. The exercise of power and formation of opinion in the matter of forming wards or provisions for reservation is based on the material available to the Election Commission. 11. For the aforesaid reasons, we find no merit in this petition, which accordingly dismissed. Rule discharged. There shall be no order as to costs.