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 companystituencies in a Municipality.
THE 25TH DAY OF NOVEMBER, 1997 Present Honble the Chief Justice Honble Mr.Justice B.N.Kirpal Honble Mr.Justice M. Jagannadha Rao Soli J. Sorabjee, Sr.
for I.M.Nanavati, Advs for the Respondent No.2 J U D G M E N T O R D E R The following Judgment of the Court was delivered Verma, CJI The only question which arises for companysideration in this appeals is whether the appellant, who belongs to a backward class but had been elected to the Jambusar municipality from an unreserved seat, companyld stand for election for the post of President of the Municipality which was reserved for a backward class candidate or whether the candidate for that post companyld only be a person who was elected to the municipality from a seat which was reserved for the backward class.
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.
Reservation of seats for Scheduled Castes, Scheduled Tribes and women is required to be provided for by virtue of Article 243 T of the Constitution which reads as follows 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 Tribes in the municipal area bears may be allotted by rotation to different companystituencies in a Municipality.
for the Respondent No.1 Prashant Kumar, Ms.Alka Aggarwal , Adv.
For this purpose each municipal area is to be divided into territorial companystituencies to be known as wards from where the election takes place.
Y.N.Oza, Manoj Wad, Ms. J.S.Wad, and Yashank Adhyaru, Advs.
with him for the appellant Pallav Siscdia, Anil Shrivastava, Ms. Sumita Hazarika Advs.
