Punjab-Haryana High Court
Jai Naraiyan And Another vs State Of Punjab And Others on 19 December, 2024
Bench: Sureshwar Thakur, Sudeepti Sharma
Neutral Citation No:=2024:PHHC:170466-DB
CWP-256-2023 and connected cases -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
Reserved on : 19.11.2024
Pronounced on : 19.12.2024
1. CWP-256-2023
Jai Naraiyan and Another .....Petitioners
Versus
State of Punjab and Others .....Respondents
Argued by: Mr. Ankur Mittal, Advocate ;
Mr. Lalit Singla, Advocate ;
Ms. Kushaldeep Kaur, Advocate ;
Mr. Siddharth Arora, Advocate ;
Ms. Saanvi Singla, Advocate
Ms. Varsha Sharma, Advocate
for the petitioner(s).
Mr. Navdeep Chhabra, Sr. DAG, Punjab
for respondents No. 1 to 5.
Ms. Anu Chatrath, Sr. Advocate with
Mr. Ratik Kapur, Advocate and
Mr. Nishant Maini, Advocate
for respondent No. 6.
2. CWP-634-2023
Rajat Kansal and Others .....Petitioners
Versus
State of Punjab and others .....Respondents
Argued by: Mr. Ankur Mittal, Advocate ;
Mr. Lalit Singla, Advocate ;
Ms. Kushaldeep Kaur, Advocate ;
Mr. Siddharth Arora, Advocate ;
Ms. Saanvi Singla, Advocate
Ms. Varsha Sharma, Advocate
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for the petitioner.
Mr. Navdeep Chhabra, Sr. DAG, Punjab
for respondents No. 1 to 5.
Ms. Anu Chatrath, Sr. Advocate with
Mr. Ratik Kapur, Advocate and
Mr. Nishan Maini, Advocate
for respondent No. 6.
3. CWP-1383-2023 (O & M)
Sunil Kumar .....Petitioner
Versus
State of Punjab and others .....Respondents
Argued by: Mr. Sukhdeep Singh Bhinder, Advocate
Ms. Indira, Advocate and
Mr. K.M.Garg, Advocate
for the petitioner.
Mr. Navdeep Chhabra, Sr. DAG, Punjab
for respondents No. 1 to 5.
Ms. Monika Chhibber Sharma, Advocate
for respondent No. 6 (through video conferencing).
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
****
SURESHWAR THAKUR, J.
1. Since all the writ petition(s) (supra) involve common
questions of facts and law, therefore, they are amenable to be decided
through a common verdict.
2. For the sake of convenience, the facts of CWP-256-2023
are taken here for deciding the instant controversy.
3. Through the instant writ petition, the petitioner(s) herein
pray for the hereinafter extracted reliefs:
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Civil Writ Petition Under Article 226/227 of the Constitution of India
praying for issuance of a writ, order or direction especially in the
nature of Certiorari for quashing of notification dated 23.12.2022
(Annexure P- 1) vide which the respondent Department of Local
Government Punjab has made publication of limits of ward
boundaries of 13 wards of Nagar Panchayat Khanauri, District
Sangrur and reservation made for SC/SC Women/Women and BC
category in those wards and has reserved ward no.8 for Backward
Class Category, which is in violation of the law laid down by the
Hon’ble Supreme Court of India in K. Krishna Murthy (supra),
Vikas Kishanrao Gawali (supra) and Suresh Mahajan, that the
Allahabad High Court has relied upon in Vaibhav Pandey (supra),
as per which the State/Union Territory concerned is to fulfill the
triple test conditions laid down by the Hon’ble Supreme Court of
India for providing reservation to Backward Class/OBC Category in
local body elections, which State of Punjab has not complied with
and further considering the fact that the ward no.8 has been reserved
for Backward Class category in 1994 and 2005 previously and any
further reservation in that ward for BC category would be in
violation of Section 8 of The Punjab Municipality Act 1911, which
provides that such reservation is to be made on rotation basis to
different constituencies (wards), in the interest of justice.
AND
Further for issuance of a Writ of Mandamus directing the
respondents to declare open the seat of ward no.8 Nagar Panchayat
Khanauri for general category keeping in view the law laid down by
the Hon’ble Supreme Court of India in K. Krishna Murthy (supra),
Vikas Kishanrao Gawali (supra) and Suresh Mahajan (supra), that
the Allahabad High Court has relied upon in Vaibhav Pandey
(supra) and the fact that the ward no.8 has been reserved for
Backward Class category in 1994 and 2005 previously and any
further reservation in that ward for BC category would be in
violation of Section 8 of The Punjab Municipality Act 1911.
AND
Further prayed that the respondents may kindly be restrained from
finalizing draft notification dated 23.12.2022 and issuing the
notification for commencing process for conducting elections of
Nagar Panchayat Khanauri, District Sangrur during the pendency of
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present writ petition before this Hon’ble Court, in the interest of
justice.
4. The learned counsel for the petitioner(s) submit, that the
impugned draft notification dated 23.12.2022 (Annexure P-1) wherebys,
reservation has been made in ward No. 8 out of 13 wards of Nagar
Panchayat Khanauri, District Sangrur for backward class category, is in
violation of the principles set forth in the judgments passed by the
Hon’ble Supreme Court of India, in case titled as K. Krishna Murthy
and Others Vs. Union of India and Another, reported in (2010) 7 SCC
202 ; in case titled as Vikas Kishanrao Gawali Vs. State of
Maharashtra and Others, reported in (2021) 6 SCC 733 and in case
titled as Suresh Mahajan Vs. State of Madhya Pradesh and Another,
reported in 2022 SCC Online (SC) 589. Therefore, they pray that the
said reserved seats for the backward class category be declared to fall to
the un-reserved category of candidates.
5. The relevant paragraphs as occur in the verdicts (supra) are
extracted hereinafter.
K. Krishna Murthy and Others Vs. Union of India and Another
82. In view of the above, our conclusions are:-
(i) The nature and purpose of reservations in the context of local self-government is
considerably different from that of higher education and public employment. In this
sense, Articles 243-D and Article 243-T form a distinct and independent
constitutional basis for affirmative action and the principles that have been evolved
in relation to the reservation policies enabled by Articles 15(4) and 16(4) cannot be
readily applied in the context of local self-government. Even when made, they need
not be for a period corresponding to the period of reservation for purposes of
Articles 15(4) and 16(4), but can be much shorter.
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(ii) Article 243-D(6) and Article 243-T(6) are constitutionally valid since they are in
the nature of provisions which merely enable State Legislatures to reserve seats and
chairperson posts in favour of backward classes. Concerns about disproportionate
reservations should be raised by way of specific challenges against the State
Legislations.
(iii) We are not in a position to examine the claims about overbreadth in the
quantum of reservations provided for OBCs under the impugned State Legislations
since there is no contemporaneous empirical data. The onus is on the executive to
conduct a rigorous investigation into the patterns of backwardness that act as
barriers to political participation which are indeed quite different from the patterns
of disadvantages in the matter of access to education and employment. As we have
considered and decided only the constitutional validity of Articles 243-D(6) and
243-T(6), it will be open to the petitioners or any aggrieved party to challenge any
State legislation enacted in pursuance of the said constitutional provisions before
the High Court. We are of the view that the identification of `backward classes’
under Art. 243-D(6) and Art. 243-T(6) should be distinct from the identification of
SEBCs for the purpose of Art. 15(4) and that of backward classes for the purpose
of Art. 16(4).
(iv) The upper ceiling of 50% vertical reservations in favour of SC/ST/OBCs
should not be breached in the context of local self-government. Exceptions can
only be made in order to safeguard the interests of Scheduled Tribes in the matter
of their representation in panchayats located in the Scheduled Areas.
(v) The reservation of chairperson posts in the manner contemplated by Article
243-D(4) and 243-T(4) is constitutionally valid. These chairperson posts cannot
be equated with solitary posts in the context of public employment.
Vikas Kishanrao Gawali Vs. State of Maharashtra and Others
13. Be that as it may, it is indisputable that the triple test/conditions required to be
complied with by the State before reserving seats in the local bodies for OBCs has
not been done so far. To wit, (1) to set up a dedicated Commission to conduct
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contemporaneous rigorous empirical inquiry into the nature and implications of the
backwardness qua local bodies, within the State; (2) to specify the proportion of
reservation required to be provisioned local body wise in light of recommendations
of the Commission, so as not to fall foul of overbreadth; and (3) in any case such
reservation shall not exceed aggregate of 50 per cent of the total seats reserved in
favour of SCs/STs/OBCs taken together. In a given local body, the space for
providing such reservation in favour of OBCs may be available at the time of
issuing election programme (notifications). However, that could be notified only
upon fulfilling the aforementioned pre−conditions. Admittedly, the first step of
establishing dedicated Commission to undertake rigorous empirical inquiry itself
remains a mirage. To put it differently, it will not be open to respondents to justify
the reservation for OBCs without fulfilling the triple test, referred to above.
Suresh Mahajan Vs. State of Madhya Pradesh and Another
13. For, until the triple test formality is completed “in all respects” by the State
Government, no reservation for Other Backward Classes can be provisioned; and if
that exercise cannot be completed before the issue of election programme by the
State Election Commission, the seats (except reserved for the Scheduled Castes and
Scheduled Tribes which is a constitutional requirement), the rest of the seats must
be notified as for the General Category.
6. The relevant constitutional provisions, as occur in the
verdicts (supra) are extracted hereinafter.
243T. 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 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
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belonging to the Scheduled Castes or, as the case may be, the
Scheduled Tribes.
(3) 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
constituencies in a Municipality.
(4) 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 of a State may, by
law, provide.
(5) The reservation of seats under clauses (1) and (2) and
the reservation of offices of Chairpersons (other than the
reservation for women) under clause (4) shall cease to have
effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a
State from making any provision for reservation of seats in any
Municipality or offices of Chairpersons in the Municipalities in
favour of backward class of citizens.
7. It has been averred by the petitioners, that a notification
was issued publishing delimitation boundaries of wards of Nagar
Panchayat Khanauri, District Sangrur, thus for the information of
general public and for the filing of objections by them within seven
days. The area of Nagar Panchayat Khanauri has been divided into 13
wards and out of those 13 wards, ward No. 8 has been reserved for
Backward Class Category. The petitioners gave objections as regards
wrongful reservation of ward No.8 for Backward Class, the same being
in violation of the directions passed by the Apex Court in the verdicts
(supra).
8. Further, it has been averred that the State of Punjab has not
complied with the directions as made by the Apex Court in the verdicts
(supra), therebys the reservation made for the Backward Class category
candidate in ward No. 8, Nagar Panchayat Khanauri, for the upcoming
Municipal Elections, is legally impermissible.
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Common submissions of the learned counsels for the petitioner.
9. (i) The learned counsels for the petitioner(s) submits,
that the State of Punjab has not set up the dedicated commission to
conduct a rigorous inquiry into the nature and implication of
backwardness and thus has not specified the proportion of reservation
required to be provided to backward class category candidates, thus in
the forthcoming elections to the local bodies.
(ii) The triple test laid down in the case of Vikas Kishan
Rao Gawali (supra) and in the case of Suresh Mahajan (supra) has
not been fulfilled and thus, no backward class reservation could be
provided.
(iii) The seat (Ward No. 8) which was declared reserved
for backward class in the upcoming election but was also reserved for
the said category in the year 1994 and in the year 2005, therebys, the
principle of rotation has been violated while reserving the said seat(s).
10. Further, the learned counsel for the petitioner(s) relied upon
a judgment rendered by the Allahabad High Court in case titled as
Vaibhav Pandey Vs. State of U.P., to which PIL No. 878 of 2022
becomes assigned, wherebys, owing to non-compliance vis-a-vis the
supra triple test, the State Government was directed to conduct the local
body elections without reservations for OBC’s.
Submissions of the learned Counsel for the respondents.
11. On the other hand, the learned counsel for the respondents
in terms of the reply filed in CWP-256-2023 submit that :
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(i) the petitioners herein have not challenged any of the
provisions of the State Legislation nor the rules made thereunders.
Therefore, until and unless the provisions of the State Legislation and
the Rules framed thereunders, thus are successfully challenged,
therebys, the impugned notification cannot be set aside.
(ii) the State of Punjab in the light of provisions made in
Section 8 of the Punjab Municipal Act, 1911 besides in compliance with
the relevant provisions, has made the statue nomenclatured as ‘the
Delimitation of Wards of Municipality Rules, 1972, wherebys, the triple
test, as mandated in the judgments (supra) has been completely
complied with.
Inferences of this Court.
12. For the reasons to be assigned hereinafter, the instant
petitions deserve dismissal and as such are dismissed.
(i) The judgment rendered by the Apex Court in K.
Krishna Murthy‘s case (supra), though declared the constitutional
mandate as occurs in Article 243-D (6) and 243-T (6) as intra vires,
wherebys the State Legislatures concerned have been enabled to
make provisions for reservations of seats in Municipality(ies) or to
the office(s) of Chair person(s) in Municipalities, thus in favour of
the Backward Classes. Tritely, the apposite legislation in terms of
the said enabling constitutional provisions, has been enacted by the
Punjab State Legislative Assembly, inasmuch as, the Punjab
Municipal Act, 1911, becomes enacted, whereunders, the
Delimitation of Wards of Municipalities Rules, 1972, do become also
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framed. Resultantly, the principal Act and the supra thereunders
made Rules, do envisage the principles for the makings de-
limitation of the wards, to thus bestow reverence to the apposite
demographic increases, and, to also subsequently in
commensurations thereof, rather create a reservation roster for
therebys reservations becoming bestowed respectively to the
scheduled castes, scheduled tribes, OBCs and to the backward
classes. Resultantly, all supra especially the supra enacted parent
Act, and, the thereunders supra framed Rules, are deemed to be
made in pursuance to the supra constitutional provisions, thus
enabling the Punjab State Legislative Assembly to enact all supra.
In sequel, all supra become infused with a completest legislative
competence.
(ii) Needless, to say that the said reservation roster
which also covers candidates belonging to the category of BCs, is to
conform, to the expostulations of law carried in verdict (supra),
whereins, it becomes expostulated qua the quantitative limit of 50
% of vertical reservations to be made in favour of SCs, STs, OBCs,
but does not become breached, thus when a roster for reserving
seats is created for therebys ensuring representations in local self
bodies vis-a-vis the backward class category of candidates. In
essence, therebys, the creation of a reservation roster in favour of
backward class category candidates, is to be in addition to the
collective quantitative limit of 50 % of vertical reservations, as
created in favour of SCs, STs and OBCs.
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13. Moreover, the reliance placed by the learned counsel for
the petitioner upon the judgment rendered by the Allahabad High
Court in Vaibhav Pandey‘s case (supra) is a mis-placed reliance
thereons. The reason being that the directions passed by the
Allahabad High Court in the said case were stayed by the Hon’ble
Apex Court, on an SLP becoming filed thereaginst by the State of
Uttar Pradesh. The relevant paragraphs of the verdict rendered by
the Apex Court are extracted hereinafter.
6. The High Court, by its impugned judgment dated 27
December 2022, has directed (in operative direction (C)) that:
“(C) It is further directed that until the triple test/conditions as
mandated by Hon’ble Supreme Court in K. Krishna Murthy
(supra) and Vikas Kishanrao Gawali (supra) is completed in
all respects by the State Government, no reservation for
Backward Class of citizens shall be provided and since the
term of Municipalities has either ended or shall be coming to
an end by 31.01.2023 and the process of completion of triple
test/conditions being arduous, is likely to take considerable
time, it is directed that the State Government/State Election
Commission shall notify the elections immediately. While
notifying the elections the seats and offices of Chairpersons,
except those to be reserved for Scheduled Castes and
Scheduled Tribes, shall be notified as for general/open
category.
The notification to be issued for elections shall include the
reservation for women in terms of the constitutional
provisions.” 3 “Commission”
7. The above direction of the High Court, which mandates
the holding of elections to local bodies in Uttar Pradesh
without reserving seats for Backward Classes of citizens will
result in a violation of the constitutional and statutory
requirements of reservation for the OBCs. Democratization of
municipalities under Article 243T and the duty to provide
representation are not at competing values. Prima facie, the
high court is not correct in prioritising one over the other and
directing the holding of elections without the provision of
representation for the Backward Classes. Democratising the
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municipalities and true representation in the composition of the
municipalities under Article 243T are both constitutional
mandates. When a constitutional court is called upon to review
the decisions of the State in this context, it must ensure that both
these values are given full effect so that truly representative and
vibrant local bodies contemplated under Part IXA of the
Constitution are realised.
8 Hence, the direction needs to be stayed. Pending further
orders of this Court, the operation of the above direction
namely Direction (C) shall remain stayed.
14. It appears on a reading of the said expostulation of law
that in the making of reservation(s) of the backward class category
of candidates for the municipal bodies concerned, there was breach
of the quantitative ceiling limit of 50 % reservation vis-a-vis SCs,
STs and OBCs, inasmuch as, the backward class reservation
becoming included with the said limit. Moreover, it also appears
that the supra expostulation of law was made on the ground that the
triple test supra as indicated in K. Krishna Murthy‘s case (supra)
became not satiated.
15. Initially, since the verdict rendered by the Allahabad
High Court in Vaibhav Pandey‘s case (supra) has been stayed by the
Hon’ble Apex Court, wherebys, it holds no force. Therefore, besides
when in the instant case, there is no intrusion into the quantitative
ceiling limit of 50 % reservation in the local self bodies, qua SCs,
STs and OBCs, through within that limit, rather reservations being
made for the backward class candidates. In sequel, on the said
inter-se distinctive facts in Vaibhav Pandey‘s case (supra) thus with
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the facts at hand, therefores, the said verdict is not applicable to the
instant case.
16. Tritely, in the instant case, in terms of the supra
enabling constitutional provisions, the Punjab State Legislative
Assembly has enacted the parent Act (supra) and also the supra
thereunder rules have been formulated, whereas, it is not known
whether in terms of the supra enabling constitutional provisions,
thus the Uttar Pradesh State Legislative Assembly but has also
enacted a law rather creating reservations in favour of the
backward class candidates in the local bodies. Contrarily, when it
prima facie, thus appears that only through an executive fiat, the
apposite reservations become created in the local self bodies, thus
excluding the backward class candidates, rather for want of
adherence being made to the triple test as indicated in K.Krishna
Murthy‘s case (supra). The supra exclusion was declared in supra
paragraphs to thus not beget democratization of the local bodies.
Moreover, thereby the directions made in the impugned verdict,
qua in the notified schedule for the holding of elections, excepting
the seats reserved for OBCs, SCs and STs, the remainders but
without reservations being made to the backward class candidates,
rather being reserved for the open category candidates, but thus
also became discountenanced by the Hon’ble Apex Court.
17. Needless to say that, the above situation is not existing
in the instant case. As such, the verdict passed by the Allahabad
High Court in Vaibhav Pandey‘s case (supra), whose operation has
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been stayed by the Hon’ble Supreme Court, thus is completely
inapplicable to the facts at hand. Contrarily the derivation of the
supra inferences rather does oust, the argument of the learned
counsel for the petitioner(s), that since certain seats became
repeatedly untenably reserved for the Backward class category of
candidates, therebys, the said reserved seats vis-a-vis the backward
class candidates, be notified to become open for being contested by
the un-reserved category of candidates.
18. Be that as it may, the dispute at hand is not in respect of
the illegitimacy of reservations being created, through the
reservation roster system vis-à-vis the OBCs, SC/ST categories,
whereupons, whom the vertical reservations only to the extent of the
quantitative ceiling limit of 50 % is to be bestowed nor the dispute
relates to the said quantitative limit being breached. Contrarily the
dispute in the instant case relates to the fact that despite their being
no adherence to the Triple Test (supra), inasmuch as, no dedicated
commission being set up to make a rigorous empirical data about
the nature and implication of the backwardness qua representation
to the backward class category candidates qua local bodies in the
State besides also the present dispute relates to the principles of
proportion of reservation required to be provisioned thereins to the
supra category, rather purportedly being not borne in mind.
19. However, since as stated (supra) the Apex Court in
verdict (supra) after declaring intra vires the constitutional
provision carried in Article 243-D (6) and in Article 243-T(6),
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whereunders, there is permissibility to endow the benefit of
reservations in local bodies vis-à-vis the Backward Class category of
candidates, but yet when in the supra constitutional provisions, the
State Legislature also become enabled to draw legislations for
therebys creating a roster reservation system in favour of the
backward class category candidates. Therefore, when in terms of
the said enabling constitutional provision, the Punjab State
Legislative Assembly, thus has passed the supra parent Act and also
the supra thereunder Rules also become enacted.
20. Therefore, when in terms of all supra, but after a de-
limitation exercise becoming conducted, thus, the present impugned
roster reservation system becomes evolved, whereunders,
reservations have been created not only vis-à-vis those who are
entitled to the supra vertical quantitative scale of reservation, but
also when thereunders reservations have been created in favour of
the backward class category candidates, thus in the forthcoming
elections. Resultantly, when it is also been declared in the
underlined portion of the judgment (supra), that when in pursuance
to the supra enabling constitutional provision, thus bestowing a
right upon the State Legislative Assembly to pass a legislation, thus
creating reservations vis-a-vis the backward class category of
candidates. Moreover, when the legislation (supra) becomes passed
and also in pursuance thereto the supra rules become enacted.
Therefore, when it is also been declared in the hereinabove
underlined paragraph (supra), that if the de-limitation exercise has
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been completed whereafter reservations have been created in terms
of the special legislation besides in terms of the Rules (supra),
wherebys, yet if any grievance is brought to any party, thereupons,
the remedy to the aggrieved is to challenge the State legislation
concerned.
21. However, though the instant challenge has been made
(in CWP-634-2023) wherebys, the roster reservation system as
created through the thereunders formulated Rules (supra), but only
after the undertakings of the de-limitation exercise, thus becomes
alleged to become faulted, as there is repetitiveness of the impugned
reservations in the relevant wards. However, the said challenge yet
fails on the ground that the legislation (supra) is deemed to be done
with a profound and insightful wisdom, besides is deemed to be
made after consideration being made to the backwardness of the
relevant category in the areas concerned. Resultantly therebys, the
triple test is deemed to be complied with.
22. Conspicuously and reiteratedly when in terms of the
hereinabove underlined expostulations of law, as carried in the
verdict made by the Apex Court in K. Krishna Murthy‘s case
(supra), though a challenge has been made to the parent Act (supra)
besides to the thereunders enacted Rules (supra), but when the said
challenge is ideally made without becoming founded upon any
empirical data, disclosing thereins that the legislation (supra) and
the thereunders made rules, dis-regard all the parameters relating
to the backwardness of the category qua whom seats became
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reserved in the forthcoming elections. Resultantly since only on the
furnishing of the said data and the same becoming proven to be,
prima facie, credible, qua therebys alone, the actions taking in
pursuance theretos becoming amenable to become declared to
become ingrained with the vices of theirs purportedly breaching the
triple test (supra). Since the said data is not available, therebys, this
Court is of the firm view that the impugned legislation, does not
suffer from any fallibility, besides the thereunders formulated rules
also cannot be declared to suffer from any fallibility.
23. Imperatively, therebys in the profound insightful view
of this Court, though the triple test envisaged in the verdict (supra)
requires complete adoptions thereofs, but only when in terms of the
supra constitutional enabling provisions endowing a constitutional
privilege to the State legislatures, to pass a legislation creating
thereunders reservations in favour of the backward class category
candidates, rather is not passed nor also become enacted the
permissible thereunders Rules, thus for all the relevant purposes.
The supra triple test thus, in the contemplated wisdom of this Court
was not applicable to the facts at hand, as in the instant case, the
State of Punjab has passed the (supra) Act and has also passed the
delegated legislations (supra), vires of both whereof, though have
been challenged, but when for reasons supra, this Court has
repelled the said challenge. As such, the envisaged triple test in
verdict supra, is deemed to be satisfied through the passing of the
legislation (supra) and the thereunders formulated rules.
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24. Moreover, when in terms thereof, the roster reservation
system has been created, thus reserving seats in favour of the
backward class category candidates. In addition, if the legislation
has suffered discussion in the legislative assembly, therebys, the
makings of discussion thereons, whereafters, the introduced therein
bill, became successfully passed by the Punjab Legislative
Assembly, and, whereafters also became successfully assented to,
but gives sufficient room to draw an inference, that all the supra
parameters relating to the makings of reservations in favour of the
backward class candidates, thus becoming well contemplated
besides becoming also made with a profound legislative wisdom.
Therefore, since the aggrieved from the said profundity of
legislative wisdom infusing the legislation (supra) and also
thereunders framed Rules (supra), have failed to successfully
challenge the supra. Moreover, when the challenge as has been
made, is an ideally made challenge, therefores, to the considered
view of this Court, the breach, if any, to the triple test is not a potent
arguable point nor is required to be decided in favour of the
petitioners.
25. Now the further fact which restrains this Court to interfere
with the election process, which has now commenced arises from the
factum that the Division bench of this Court, while pronouncing a
verdict in case titled as Beant Kumar alias Beant Kinger Vs. State of
Punjab and Others, to which CWP-PIL-142 of 2024 becomes
assigned rather has permitted the holding of elections to the local bodies
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concerned, but in terms of the already made de-limitation exercise.
Therebys, and also when the said verdict has been upheld by the Apex
Court, vide order dated 11.11.2024, as made upon, in case titled as The
State of Punjab and Others Vs. Beant Kumar and Another, to which
SLP (Civil) Nos. 26468-26469 of 2024 became assigned, whereons, the
hereinafter extracted order has been passed.
2. In our considered view, the Division Bench of the High
Court has correctly understood the mandate contained in
Articles 243E and 243U of the Constitution of India along
with the interpretation of these provisions as explained by
this Court in (i) Kishan Singh Tomar vs. Municipal
Corporation of CPF, Ahmedabad, (2006) 8 SCC 352; and
(ii) Suresh Mahajan vs. State of Madhya Pradesh & Anr.,
(2022) 12 SCC 770. The effect of these two decisions is
that the proposal to undertake fresh delimitation is not a
valid ground to defer the elections of the
Municipalities/Nagar Panchayats if the prescribed term
of five years has already expired.
3. It goes without saying that the Constitutional Scheme
mandates that the election process must commence six
months before the expiry of the term of five years
contemplated under Articles 243E(1) and 243U(1) of the
Constitution of India. The High Court, in Paragraph 1.3,
has taken note of the fact that out of 47 Municipal
Corporations and Municipalities, the terms of some of such
bodies expired way back in the year 2020, and in any case,
the term of all other bodies had expired by March, 2023,
except three Municipalities which are newly constituted.
4. That being so, the justification assigned by the
petitioner State for deferring the elections on the
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ground that a fresh exercise of delimitation is required
to be undertaken, is legally untenable.”
26. Resultantly this Court does not deem it fit and appropriate,
to, on the above purported premise, restrain the conducting of the
elections, as therebys this Court would be making contempt of the
orders (supra) as passed by the Apex Court.
Final Order of this Court.
27. In aftermath, this Court finds no merit in the writ petition(s)
(supra) and with the observation(s) aforesaid, the same are dismissed.
28. Since the main case itself has been decided, thus, all the
pending application(s), if any, are disposed of as such.
(SURESHWAR THAKUR)
JUDGE
(SUDEEPTI SHARMA)
19.12.2024 JUDGE
kavneet singh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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