| Headnote |
Gujarat Provincial Municipal Corporation Act, 1949 – s.5(3) (iii)(a) and s.29A – Bombay Provincial Municipal Corporations (the Delimitation of Wards in the City and Allocation of Reserved Seats) Rules, 1994 – rr. 4 and 5 – Present two appeals arise out of the judgments of the High Court in two separate Writ Petitions – The first appeal was filed against the judgment of Gujarat High Court in the writ petition filed challenging the vires of s.5(3) (iii)(a) and s.29A of the Gujarat Provincial Municipal Corporation Act, 1949 as well as Rule 4 and 5 of the Bombay Provincial Municipal Corporations (the Delimitation of Wards in the City and Allocation of Reserved Seats) Rules, 1994 – High Court dismissed the said petition noticing that earlier the vires of said sections and Rule 4 were upheld by the earlier Division Bench judgment of the High Court – The second appeal was filed by State Election Commission against the judgment of High Court in the writ petition challenging the Clauses (3), (4) and (5) of Ordinance No.3 of 2015 promulgated by the Governor of Gujarat by which s.7A of the Gujarat Provincial Municipal Corporations Act, 1949, s.8A of Gujarat Municipalities Act, 1963 and s.257 of the Gujarat Panchayats Act, 1993 have been substituted – The High Court held that the s.7A of the GPMC Act, s.8A Gujarat Municipalities Act and s.257 of the Gujarat Panchayats Act brought by Ordinance No.3 of 2015 was unconstitutional and the action of the State Election Commission for postponement of the election of all local bodies in the State was illegal – Besides above mentioned two civil appeals, a writ petition was also filed challenging the notifications issued by the Governor of Gujarat in exercise of power u/s. 5(3)(iii)(a) of the Act, 1949 determining the number of Wards, seats including the seats reserved for Scheduled Castes, Scheduled Tribes, Backward Classes and women in several Provincial Corporations – The two civil appeals and writ petition are tagged and heard together – Held: The provisions of s.5(3) (iii)(a) and s.29A of Act, 1949 and Rule 4 and 5 of Rules, 1994 and Rule 2(b) of Rules, 2007 are not ultra vires to Part IXA of the Constitution, the Division Bench of the High Court did not commit any error in dismissing the writ petition filed by the appellants – Hence, the first civil appeal and Writ Petition are dismissed – The civil appeal filed by the State Election Commission is dismissed as having become infructuous as the directions of the Division Bench to initiate process of holding the election of the local bodies was carried out and nothing remains to be decided in this appeal. Constitution of India – Art 243R and 243S – Whether Arts. 243R and Art. 243S of the Constitution of India contains any limitation to the effect that there shall be only one member from one ward – Held: The constitutional provisions of Art. 243R, which provides for composition of Municipalities and that of Art. 243ZA does not give any indication as to whether from territorial constituency, i.e., the Wards, whether only one member has to be elected in the Municipality or it can be multiple member constituency – There is no limitation in provision of Art. 243S, which limits the State Legislature for requiring multi-member seats in a Ward – The only requirement is that a member of the Municipality representing a Ward shall be a member of the Ward Committee – Thus, constitutional requirement or limitation engrafted in sub-Article(3) of Art. 243S is that a member of the Municipality representing a Ward shall be a member of the Ward Committee, it cannot be read to mean that it mandates that from one Ward more than one members cannot be made representatives. Gujarat Provincial Municipal Corporation Act, 1949 – ss. 5(3)(iii)(a), 29A – Bombay Provincial Municipal Corporations (the delimitation of wards and allocation of reserved seats) Rules, 1994 – rr. 4 and 5 – Gujarat Municipal Corporation’s Ward Committees Functions, Duties, Territorial Areas and Procedure for Transaction of Business Rules, 2007 – r. 2(b) – Whether the provisions of ss. 5(3)(iii)(a), 29A of the Gujarat Provincial Municipal Corporation Act, 1949 and Rules 4 and 5 of Bombay Provincial Municipal Corporations (the delimitation of wards and allocation of reserved seats) Rules, 1994 and Rule 2(b) of Gujarat Municipal Corporation’s Ward Committees Functions, Duties, Territorial Areas and Procedure for Transaction of Business Rules, 2007 are ultra vires to the provisions of Articles 243R and 243S of the Constitution? – Held: The composition of Municipality has been dealt separately by Art. 243R and for composition of Municipality, the provisions of Art. 243S cannot be said to be applicable or intended to provide any limitation or prohibition with regard to composition of the Municipalities – The Rule 2(b) of Rules, 2007 which provides for election of Chairperson, by following which rule, in case of multi- member Ward, Chairperson can be elected, which may apply both to Art. 243S(4) as well as Rule 2(b) of the Rules, 2007 – Thus, Rules 4 and 5 of Rules, 1994 as well as Rule 2(b) of Rules, 2007 does in no manner disobey the mandate of Art. 243S(4), both can be complied with without any conflict between the two different provisions – Thus, the provisions of s. 5(3)(iii)(a) as well as Rules 4 and 5 of Rules, 1994 and Rule 2(b) of Rules, 2007 are not inconsistent with provisions of Art. 243R and Art.243S. A The Gujarat Delimitation of Wards and Allocation of Reserved Seats in Municipal Borough Rules, 1994 – Whether having more than one representative from a Ward negates the empowerment of weaker sections, i.e. women, Schedule Castes and Schedule Tribes – Held: The Gujarat Delimitation of Wards and Allocation of Reserved Seats in Municipal Borough Rules, 1994 has been amended by Amendment Rules, 2015 – As per clauses 2 and 3, now it is 4 member Ward, 2 seats are to be reserved for women including seats reserved for women belonging to Scheduled Castes, Scheduled Tribes and Back Ward Classes – The entire purpose and object of reserving seats for weaker sections is to empower the weaker sections, i.e., women, Scheduled Castes and Scheduled Tribes, when there are more numbers are reserved for weaker sections their participation in municipality is bound to increase giving strength to their voice and effective participation which is nothing but empowerment of weaker sections – By the Rules, 1994 as amended in 2015 now the voice of weaker sections can be felt from every Ward which clearly enhances of presence and participation of weaker sections does not in any manner, negate the empowerment of weaker sections. |
