E-Paper
Quota for mayors: Order reserved
THE ALLAHABAD High Court reserved its judgement on the writ petitions challenging reservation of the posts of mayors of Nagar Nigams and chairpersons of Nagar Palika Parishads in the State. According to the writ petitions, the posts of mayor and chairperson cannot be reserved as these were single posts.
THE ALLAHABAD High Court reserved its judgement on the writ petitions challenging reservation of the posts of mayors of Nagar Nigams and chairpersons of Nagar Palika Parishads in the State. According to the writ petitions, the posts of mayor and chairperson cannot be reserved as these were single posts.
This judgment was reserved by a Division Bench comprising Justice RK Agrawal and Justice Saroj Bala, after hearing senior advocate Ravi Kiran Jain and other counsels and Additional Advocate General SMA Kazmi, representing the State government.
The court passed this order on the writ petitions filed by Dr Naresh Chandra and others.
The petitioners had moved the court saying that single post cannot be reserved. Further, it was contended that reservation of the single post of mayor and chairperson was violative of the provisions of the Constitution. It was also contended that essential legislative power cannot be abdicated. Besides, no legislative policy has been laid down and it has been left to the delegated legislative authority to lay down legislative policy, which is unconstitutional.
On behalf of the State, Additional Advocate General SMA Kazmi contended that reservation on the posts of mayor and chairperson was being done keeping in view the entire seats of Nagar Nigams and Nagar Panchayats at the State level.
Therefore, these cannot be called single posts.
It was further argued by AAG that Article 243T of the Constitution iwa not violative of the Constitution of India. Article 243T provided for the reservation of the posts of chairperson.
He further contended that State enactment was on the line of Constitutional mandate and the rules framed thereunder had sufficient base of guidelines as referred in various sub-sections of Section 9A of the Municipalities Act.
According to him, the delegated legislation had sufficient source of guidance and therefore, it could not be faulted.
