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TMI Blog1996 (11) TMI 483X X X X Extracts X X X X X X X X Extracts X X X X ..... of these three wards, ward No. 5 was reserved for the Scheduled Castes women and ward No. 2 was reserved for backward classes, apart from the aforesaid reservations, ward nos. 8, 10 and 11 were reserved for general women. Elections to Loharu Municipal Committee were held on 29th December 1994 under the provisions of Haryana Municipal Act, 1973 ('the Act' for short). In the said elections the appellant was elected from ward No. 5 reserved for General women. After the said elections were over question arose about the election of President of the said Municipal Committee. As per Section 10 Sub-section (9) of the Act the offices of the President in the municipalities shall be filled up from amongst the members belonging to General category, Scheduled Castes, backward classes and women by rotation and by lots in the manner prescribed. Rule 70 Sub-rule (4) of Haryana Municipal Election Rules, 1978 ('Election Rules' for short) prescribes the manner in which the election to the office of President of municipality could be held. The local Government Department of Haryana vide its notification dated 20th January 1995 declared in terms of Rule 70(4) of the Election Rules that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unicipal Committee, the member of Backward Class shall be deemed to be elected as president of the Municipality reserved for the Backward Classes. The Respondent No. 1 contended that as she was also an elected member belonging to Scheduled Castes women category, she was entitled to contest for the president ship of the Municipality. In view of this claim of Respondent No. 1 the local Government Department of Haryana Government vide its order dated 11th February 1995 issued under Section 278 of the Act clarified that where there is a single member of Scheduled Caste category (man or woman) in a municipality elected from the Ward reserved and the Office of President is to be filled up from amongst the members belonging to Scheduled Caste Category, such single member (man or woman) belonging to Scheduled Caste Category shall be deemed to have been elected as President of such Municipality in the same manner as is provided for the members belonging to the Backward Classes under Sub-rule (4) or Rule of the Election Rules. This clarification put Respondent No. 1 out of contest for the president ship as she was elected member of the Municipal Committee not on a Scheduled Castes seat bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... served 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 or of the Scheduled Tribes in the Municipal area bears 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 Clause (1) shall be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes. (3) ... (4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manners as the Legislature of a State may, by law, provide. (5) ... (6) ... As per sub-Article (4) Article 243 Tit becomes, therefore, clear that 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 by an enactment may provide. The aforesaid con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r reservation of office of the President for members of Scheduled Casts, Scheduled Tribes, backward classes and women in rotation. A bare reading of Section 10(5) and Rule 70(4) shows that the offices of the Presidents are to be filled from amongst members belonging to different categories by rotation and by lots. It is not disputed that the post of President of Loharu Municipal Committee at the relevant time was reserved for Scheduled Castes women. So far as the appellant is concerned, she has been elected from ward No. 5 on a seat reserved for Scheduled Castes women. Therefore, in that category she is the sole candidate. So far as Respondent No. 1 is concerned even though by coincidence she also belongs to Scheduled Castes but she was not elected on a seat reserved for Scheduled Castes women, but on a seat reserved for General category women from ward No. 11. It is not in dispute that in that ward there were other contesting women, not belonging to Scheduled Castes category, but also belonging to General category. Therefore, Respondent No. 1 is a member who is elected on the seat earmarked for General category women; she cannot be said to be a member elected on a seat reserved fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ward reserved for such Scheduled Castes candidates. As admittedly only three wards, namely, 1,4 and 5 are reserved for members belonging to Scheduled Castes and even out of three wares only ward No. 5 from which the appellant Was elected was reserved for Scheduled Castes women and as President's post if reserved for being filled up by a member belonging to the category of Scheduled Castes women who has been elected on such a seat, the Respondent No. 1 who is elected as a member not on any seat reserved for Scheduled Castes women but on a seat reserved for General category of women from ward No. 11 is obviously out of the arena of contest for the post of President ship of Loharu Municipality. Appellant is the sole candidate elected on the seat reserved for Scheduled Castes women. With respect it is not possible to agree with the reasoning of the High Court that the words 'members belonging to' as employed in Rule 70(4) of the Election Rules would bring in all the elected members belonging to Scheduled Castes into one category to enable them to contest for the post of President. Such a reasoning would cut across the very scheme of reservation as envisaged by Article 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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