Virender Thakur, S/o Sh. Anant Ram Thakur v. State Of Himachal Pradesh, Through Principal Secretary (Urban Development) Government Of Himachal Pradesh
2022-06-03
SABINA, SATYEN VAIDYA
body2022
DigiLaw.ai
ORDER : Petitioner has filed the instant petition for the following reliefs: (i) That appropriate wit, order or direction may very kindly be issued and the impugned notification (Annexure P-1) dated 11.03.2022 may very kindly be quashed and set-aside by directing the respondents to provide rotation to the Wards, which remained unaltered and whose boundaries have not at all been touched during the delimitation, in the interest of law and justice. (ii) That appropriate, writ, order or direction may very kindly be issued to the respondents to declare Ward No.6 as un-reserved by applying the rotation, in the interest of law and justice. (iii) That if the respondents have made any amendment to the Himachal Pradesh Municipal Corporation (Election) Rules, 2012 to the extent of making the present Election as base Election, the same may very kindly be quashed and set-aside being ultra vires to the Constitution of India, in the interest of law and justice.” 2. The petitioner has sought above noted reliefs on the premise that the order dated 11.3.2022 (Annexure P-1) issued by respondent No.2 is wrong and illegal being in violation of Article 243T of the Constitution of India and also Himachal Pradesh Municipal Corporation Act, 1994 (for short ‘Act’) and Himachal Pradesh Municipal Corporation Election Rules, 2012 (for short ‘Rules’). The main plank of challenge by petitioner to aforesaid order is that Summer Hill Ward of Shimla Municipal Corporation has been reserved for Woman (General) for third consecutive term. Firstly, it was reserved for Woman (General) in the year 2012, then in 2017 and now again vide order (Annexure P-1), it has been reserved for Woman (General) for ensuing general election of Municipal Corporation, Shimla to be conducted in 2022. 3. It has been contended on behalf of the petitioner that as per constitutional mandate of Article 243T (1) of the Constitution of India, the reserved seats are mandated to be allotted by rotation to different constituencies in a Municipality. It is further submitted that sub-section (5) of Section 10 of the Act provides for reservation of seats under sub-sections (1), (2), (3) and (4) thereof, by rotation to different constituencies in the municipal area in such manner as may be prescribed. The requisite prescription has been made in Rule 10 of the Rules.
It is further submitted that sub-section (5) of Section 10 of the Act provides for reservation of seats under sub-sections (1), (2), (3) and (4) thereof, by rotation to different constituencies in the municipal area in such manner as may be prescribed. The requisite prescription has been made in Rule 10 of the Rules. Sub-rule (5) of Rule 10 of the Rules provides that the seat once reserved for any category will have to be de-reserved in the next election. 4. On the strength of the aforesaid provisions, petitioner has assailed order dated 11.3.2022 (Annexure P-1), being in violation thereof. 5. In reply, respondents No. 1 and 2 have submitted that the delimitation of Wards of Municipal Corporation, Shimla has been effected and as a result thereof, the number of Wards of Municipal Corporation, Shimla have been enhanced from 37 to 41. It is submitted that sub-rule (9) of Rule 10 of the Rules has been amended vide notification dated 9.3.2022 (Annexure R-II) and after such amendment, there is no legal impediment in reserving Summer Hill Ward for Woman (General) again. 6. We have heard learned counsel for the parties and have also gone through the records of the case carefully. 7. Perusal of Annexure R-II, notification dated 9.3.2022 reveals that sub-rule (9) of Rule 10 has been amended. The amended sub –rule (9) of Rule 10 of the Rules reads as under: “9. Notwithstanding anything contained in these rules, the roster of reservation of seats shall operate from the initial stage for the elections to be held after the commencement of the above rules or constitution of a new Municipal Corporation or the delimitation of wards in a Municipal Corporation, whichever is later, as if said elections are being conducted for the first time and thereafter, the reservation of seats shall be rotated to different wards of corporation under this rule.” 8. Thus, the roster of reservation of seats has been made operative from the initial stage for the elections to be held after the commencement of rules or constitution of a new Municipal Corporation or the delimitation of wards in a Municipal Corporation, whichever is later.
Thus, the roster of reservation of seats has been made operative from the initial stage for the elections to be held after the commencement of rules or constitution of a new Municipal Corporation or the delimitation of wards in a Municipal Corporation, whichever is later. It has been specified that the election held after any of such eventuality, whichever is later in time, will be deemed to be conducted for the first time for the purpose of roster of reservation and thereafter the reservation of seats shall be rotated to different wards of Corporation under such rule. 9. Noticeably, there is no challenge to above noted notification dated 9.3.2022 (Annexure R-II) in the petition. Prayer (iii) made in the petition, though seeks quashing of any amendment to the rules making present elections as base election, but the prayer is not specific in respect of notification dated 9.3.2022 (Annexure R-II). Not only that, there is no foundation in the pleading warranting grant of such relief to the petitioner. The order dated 11.3.2022 relied upon by petitioner as Annexure P-1, has specific reference to aforesaid notification dated 9.3.2022, whereby sub rule (9) of Rule 10 of the Rules has been amended, still such notification has remained unchallenged. 10. It is not in dispute that delimitation of wards of Municipal Corporation, Shimla has been effected by the respondents under Section 6 of the Act vide Ordinance No.1 of 2022 issued by the Governor of Himachal Pradesh on 01.02.2022. Therefore, the event of delimitation is the latest of all the prescriptions made vide amended sub-rule (9) of Rule 10 of the Rules. In view of this, the ensuing general election to Municipal Corporation, Shimla will be deemed as if said elections are being conducted for the first time and the roster of seats shall be rotated to different wards prospectively from next general election. 11. Since there is no challenge to notification dated 9.3.2022 (Annexure R-II) and in absence of specific foundation in the petition, petitioner will not be entitled even to the relief as prayed vide clause (iii) of the prayer clause. 12. Article 243T (1) provides for allotment of reservation seats by rotation to different constituencies in a Municipality. The aforesaid provision does not issue an imminent mandate for allotment of reservation seats by rotation to different constituencies as the term used is “may”. 13.
12. Article 243T (1) provides for allotment of reservation seats by rotation to different constituencies in a Municipality. The aforesaid provision does not issue an imminent mandate for allotment of reservation seats by rotation to different constituencies as the term used is “may”. 13. It is by virtue of Section 10 of the Act that the respondents are mandated to allot the reservation seats by rotation to different constituencies in such manner as may be prescribed. The amended rule 9 of rule 10 of the Rules, has made the required prescription in respect of rotation of reservation seats and as per this prescription no fault can be found with the order dated 11.3.2022 (Annexure P-1) whereby the Summer Hill Ward has been reserved for Woman (General). 14. In light of the above discussion, we find no merit in the instant petition and the same is accordingly dismissed, so also the pending miscellaneous application(s), if any.