Madhya Pradesh High Court
Madhya Pradesh State Election … vs Jayesh Gurnani on 21 July, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
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W.A. No.123 of 2022
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
WRIT APPEAL No. 123 of 2022
THE STATE OF MADHYA PRADESH & ANOTHER
Versus
JAYESH GURNANI AND OTHERS
Appearance:
Shri Sudeep Bhargava, learned Deputy Advocate General for the appellants /
State.
Shri Vibhor Khandelwal, learned counsel for the respondents / writ petitioners.
Reserved on : 03rd July, 2025
Delivered on : 21st July, 2025
ORDER
Per : Justice Vivek Rusia
The appellant / M.P. State Election Commission & Others have
filed the present writ appeal under Section 2(1) of the Madhya Pradesh
Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam,
2005 being aggrieved by the order dated 10.01.2022 passed by the
Writ Court, whereby Writ Petition No.12517 of 2021 has been
allowed and the Gazette Notification dated 06.11.2020 has been
quashed.
FACTS OF THE CASE
02. That, in the run up to the municipal elections in Indore, the
process for reservation of wards for Scheduled Castes (SC),
Scheduled Tribes (ST), Other Backward Classes (OBC) and Women
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was undertaken by the District Collector, Indore / appellant No. 3 in
accordance with the Madhya Pradesh Municipalities (Reservation of
Wards for Scheduled Castes, Scheduled Tribes, Other Backward
Classes and Women) Rules, 1994 (hereinafter referred as ‘Reservation
Rules, 1994’). The reservation proceedings were conducted on
31.07.2020, and subsequently, a Gazette Notification dated
06.11.2020 was issued by the Department of Urban Administration
and Development / Appellant No. 2 finalizing the reservation of 85
wards in the Indore Municipal Area.
03. The case of the petitioner is that the principle of rotation of
reservation was not followed while reserving wards and on
examination, it came to be known that thirteen wards, which were
previously reserved for Scheduled Castes and three wards which
were earlier reserved for Scheduled Tribes have again been reserved
for the same categories without any change or rotation, meaning
thereby violating the rotational reservation principle enshrined in
Rule 4 of the Reservation Rules, 1994 and which was also goes
against the mandate as provided in Article 243T of the Constitution
of India.
04. The grievance of the writ petitioner is that the legal
framework governing the reservation of municipal wards is given in
Rule 3 of the Reservation Rules, 1994, according to which for first
time reservation of wards based on concentration of population of
respective categories while Rule 4 of the Reservation Rules, 1994
mandated that rotation of such reserved wards should be done in
subsequent elections to ensure fair and equal opportunity of
representation. Article 243T of the Constitution and Section 11 of the
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Madhya Pradesh Municipal Corporation Act, 1956 (hereinafter
referred to as ‘the Act of 1956’) also emphasizes proportional
representation with rotation as an essential component of the
reservation scheme. However, this law and principles, which
mandatorily required the rotation of wards were not followed by the
appellants when reserving the wards in the said notification.
05. The writ petitioner, who are residents of Indore are eligible to
vote and also having eligibility criteria to contest the municipal
election on noticing this discrepancy submitted a representation on
26.03.2021 to the authorities requesting cancellation of the
notification and initiation of a fresh reservation process in
compliance with the law, but the State Election Commission /
appellant No.1 only forwarded the representation to the State
Government on 07.04.2021 with directions to take appropriate action.
However, no steps were taken by the concerned authorities thereafter.
06. Left with no alternative remedy and alleging illegality,
arbitrariness and violation of the constitutional requirement of
rotation in the reservation of municipal wards, the respondents /
original writ petitioner approached the Writ Court by filing writ
petition under Article 226 of the Constitution of India challenging the
validity of process of reservation of municipal wards done by the
respondents particularly on the ground of failure to apply the
principle of rotation as provided under Rules 3 & 4 of the
Reservation Rules, 1994 read with Section 11 of the Act of 1956 and
as mandated in Article 243T of the Constitution.
07. The writ petitioner raised the issue that the impugned
notification resulted in perpetuity of reservations in the same wards
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and defeated the objective of fair and proportionate representation
and defeated the mandate provided in Article 243T. Reliance has
been placed upon a judgment delivered by the Apex Court in the case
of K. Krishna Murthy (Dr.) v/s Union of India reported in (2010) 7
SCC 202, which recognized rotation as a safeguard against
permanent reservation of particular offices and seats.
08. In response, the appellant contended before the Writ Court
that the reservation process was undertaken in conformity with
Article 243T of the Constitution, Section 11 of the Act of 1956 Act
and the Reservation Rules, 1994 and phrase “may be allotted by
rotation” used in Article 243T reflected that it is an enabling and
discretionary provision rather than a mandatory one. It was
contended that the reservation had been done in descending order
based on population concentration, which fulfilled the requirement of
proportional representation. Reliance was placed upon a judgment
delivered by the Division Bench of this Court in the case of Tulsiram
Jatav v/s Union of India reported in 2001(4) M.P.L.J. 132.
FINDINGS & CONCLUSION OF THE WRIT COURT
09. The learned Writ Court, after examining the provisions of
Article 243T, Section 11 of the Act of 1956 and Rules 3 & 4 of the
Reservation Rules, 1994 held that the Gazette Notification dated
06.11.2020 issued by the State in finalizing reservation of municipal
wards in Indore did not conform to the mandatory scheme of rotation
and that the rotation of reserved seats is not merely discretionary, but
is an integral part of the statutory scheme to prevent reservation in
perpetuity.
10. The Writ Court observed that though Section 11(2) of the Act
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of 1956 was regarding reservation for OBC, but on reading it
harmoniously with Article 243T, it reflects that rotation of
reservations is to be applied to all categories. The Writ Court
concluded that while Article 243-T uses the word “may” in the
context of rotation but the State having exercised its legislative
discretion through Section 11(2) of the Act of 1996 and Rules 3 & 4
of the Reservation Rules, 1994 had statutorily provided for rotation in
subsequent elections and thus, rotation was no longer directory but
became mandatory and will have to be followed while reserving
wards in Municipal areas in Indore Municipal Corporation.
11. The Writ Court observed that Rule 4 of the Reservation
Rules, 1994, provided that wards reserved in a previous election shall
not be included again in the same category until they come up again
in the prescribed serial order.
12. The Writ Court also distinguished the judgment delivered in
the case of Tulsiram Jatav (supra) holding that it stood impliedly
overruled by the later binding decision of the Supreme Court in the
case of K. Krishna Murthy (supra) and reiterated that under Article
141 of the Constitution, the law laid down by the Supreme Court
must prevail.
13. The Writ Court, hence, quashed the impugned notification
and granted liberty to the State to undertake a fresh reservation
exercise in accordance with Article 243T of the Constitution and the
Reservation Rules, 1994. Hence, the present writ appeal is before this
Court.
SUBMISSIONS OF APPELLANTS
14. Learned Deputy Advocate General appearing for the
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appellants / State argued that the order passed by the Writ Court
suffers from legal as well as serious errors in constitutional
interpretation and misreading of the constitutional provisions
governing municipal reservations. Learned Deputy Advocate General
submitted that the reservation of seats in municipal wards for SC &
ST was carried out strictly in accordance with Article 243T of the
Constitution and the Reservation Rules, 1994.
15. Learned Deputy Advocate General further submitted that
Article 243T (1) uses the expression ”such seats may be allotted by
rotation to different constituencies” which indicates that rotation is
not mandatory but discretionary. The phrase ”may be” confers a
legislative choice, therefore, the decision of State not to rotate seats
previously reserved for SC/ST categories does not render the
reservation invalid or unconstitutional and further submitted that
there is no mandate in the Constitution or the applicable statutory
provisions that requires reserved seats to be rotated in every election
cycle and the interpretation of “may” as “shall” by the Writ Court is
erroneous and contrary to settled principles of constitutional
interpretation.
16. Learned Deputy Advocate General submitted that Writ Court
failed to appreciate that the reservation was done on the basis of
concentrated population of SC/ST communities in respective wards
and if rotation were enforced mechanically, it would lead to the
anomaly of reserving seats in wards with negligible SC/ST
population thereby defeating the very purpose of proportional
representation as permitted under the Constitution and the statutory
scheme. Learned Deputy Advocate General submitted that Rule 4 of
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the Reservation Rules, 1994, read with the parent legislation, does
not prescribe compulsory rotation for SC/ST seats and the rule of
rotation is expressly applied only to OBC and women categories
under certain circumstances.
17. Learned Deputy Advocate General further submitted that the
impugned Gazette Notification dated 06.11.2020 was issued after due
application of mind and the same is in accordance with the
constitutional and statutory framework. Thus, it has been prayed that
the writ appeal be allowed and the order passed by the Writ Court be
set aside.
SUBMISSIONS OF RESPONDENT / WRIT PETITIONER
18. Shri Vibhor Khandelwal, learned counsel appearing for the
respondents / writ petitioners, submitted that the Writ Court had
rightly quashed the said notification, holding that the process of
reservation undertaken by the authorities for the Indore Municipal
Corporation violated the constitutional mandate of fair and equitable
representation by failing to implement rotation of reserved seats. It is
further submitted that the continued reservation of the same wards for
SC & ST without following the principle of rotation amounts to
arbitrariness and denies democratic participation to other similarly
placed constituencies. Learned Counsel submitted that the language
of Article 243T, though using the word “may”, must be construed
harmoniously to ensure that the benefit of political reservation is not
confined to a few select constituencies repeatedly, but is equitably
distributed.
19. Learned Counsel further submitted that Section 11 of the Act
of 1996 and the Reservation Rules, 1994 though not explicitly
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mandating rotation for SC/ST seats, but must be read conjointly with
the object and purpose of Article 243-T of the Constitution of India.
The failure to implement rotation for multiple terms results in the
perpetuation of reservations in certain wards, which undermines the
representative character of local self-government. Learned Counsel
submitted that the Writ Court had rightly relied on the judgment of
the Apex Court in the case of K. Krishna Murthy (supra). Lastly, it is
submitted that the contention of Deputy Advocate General that this
judgment applies only to election of mayor and president is totally
misconstrued, hence, there is no error in the reasoning or conclusion
of the Writ Court’s order and it is prayed that the appeal be dismissed.
APPRECIATION & CONCLUSION
20. The petitioners are mainly concerned that there should be a
reservation of seats in the municipality’s election for SC/ST
candidates by way of rotation in view of Article 243T of the
Constitution of India, which is reproduced below:-
”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 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.
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(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 the backwards class of citizens.”
21. The aforesaid Article mandates that seats shall be reserved for
the Scheduled Castes & the Scheduled Tribes in every Municipality
in the same proportion to the total number of seats to be filled by
direct election in that Municipality as per the population of
Scheduled Castes & Scheduled Tribes in the Municipal area. There is
a further provision of one-third reservation of seats for women
belonging to the Scheduled Castes/the Scheduled Tribes. The office
of Chairpersons in the Municipality shall be reserved for Scheduled
Castes, Scheduled Tribes and women in such manner as the
Legislature of a State may, by law, provide. This Article permits the
legislature of a State from making any provision for the reservation
of seats in any Municipality or offices of Chairpersons in the
Municipalities in favour of the backwards class of citizens.
22. There is a provision for reservation of seat in the Municipality
by way of Section 11 of the Municipal Corporation Act of 1956
which reads as under:-
”11. Reservation of seats.-(1) Out of the total number of
wards determined under sub-section (1) of section 10 such
number of seats shall be reserved for Scheduled Tribes in
every Municipal Corporation as bears, as nearly as may be
the same proportion to the total number of seats to be filledSignature Not Verified
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by direct election in the Municipal Corporation as the
population of the Scheduled Castes or of the Scheduled
Tribes in the Municipal area bears to the total population of
that area and such wards shall be those in which the
percentage of population of the Scheduled Castes or the
Scheduled Tribes, as the case may be, is most concentrated.
(2) As nearly as possible twenty five percent of the total
number of wards shall be reserved for other backward classes
in such Municipal Corporation, where fifty percent or less
seats are reserved for Scheduled Castes and Scheduled
Tribes, and such seats shall be allotted by rotation to different
wards in such manner as may be prescribed.
Provided that if from any ward so reserved nomination
paper is filed for election, as a Councillor, b y any member of
the backward classes, then the Collector shall be competent
to declare it as unreserved.
(3) Not less than one-third of the total number of seats
reserved under sub-section (1) and (2), shall be reserved for
women belonging to the Scheduled Castes or the Scheduled
Tribes or other backward classes, as the case may be.
(4) Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes,
Scheduled Tribes and other backward classes), of the total
number of seats to be filled by direct election in every
Municipal Corporation shall be reserved for women and such
seats, shall be allotted by rotation to different wards in a
Municipal Corporation in such manner as may be prescribed.
(5) The reservation of seats under sub-sections (1), (2) and
(3) shall cease to have effect on the expiration of the period
specified in Article 334 of the Constitution of India.
Explanation: In this section ‗other backward classes’ means
category of persons belonging to backward classes as notified
by the State Government.”
23. As per Section 11(1) of the Act of 1956, out of total number
of wards, such number of seats shall be reserved for the Scheduled
Castes and the Scheduled Tribes in every Municipal Corporation, as
nearly as may be, the same proportion to the total number of seats to
be filled by the direct election in the said Corporation as per the
concentration of the population of the Scheduled Castes or the
Scheduled Tribes in particular ward. Whereas sub-section (2) of
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Section 11 provides for twenty-five per cent reservation by way of
rotation to the backward class in such Municipal Corporations, where
fifty per cent or less seats are reserved for the Scheduled Castes and
the Scheduled Tribes, in such a manner as may be prescribed. Sub-
section (3) of Section 11 also provides reservation for women
belonging to the SC & ST or other backward classes, as nearly as
possible, fifty per cent of the total number of seats.
24. The Government of Madhya Pradesh framed the Madhya
Pradesh Municipalities (Reservation of Wards for Scheduled Castes,
Scheduled Tribes, Other Backward Classes & Women) Rules, 1994 in
the Municipalities, which means the Municipal Corporation,
Municipality as well as Nagar Panchayat. This Rule provides a
manner of reservation for the first time as well as at the time of
subsequent elections. Rule 3 of the Rules of 1994 provides for the
reservation of wards for the first time. The language of Rule 3(1) is
identical to Section 11(1) & 11(2) of the Act of 1956, according to
which the first-time reservation shall remain in force for the whole
period of five years in the Municipality, including casual vacancies.
Rule 4 of the Reservation Rules, 1994 deals with the Reservation of
wards at the time of subsequent elections, according to which, for
the purpose of subsequent elections, the same procedure of
reservation shall be adopted, which is described in Rule 3. It further
says that the reservation is to be made by lot for the purpose of
rotation, meaning thereby, the wards which are earlier reserved for a
category, shall not be included in the lot for the reservation of that
category, until such ward does not come again in the serial of
reservation. As per Rule 3, in Municipal Corporation as well as in
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Municipality, the reservation of wards shall be those in descending
order, in which the population of the Scheduled Castes or the
Scheduled Tribes, as the case may be, is most concentrated. Sub-rule
(3) of Rule 3 says that twenty five per cent of the total number of
wards shall be reserved for other backward classes in Municipalities,
where fifty percent or less in number wards are reserved for SC & ST
and such reservation to OBC shall be by lot from the remaining ward
excluding the wards reserved for SC & ST. For example, if a total of
fifty per cent of wards are reserved for SC & ST, then there shall be
twenty-five per cent reservation for OBC in the remaining 50% seats.
After following the procedure under Rule 3(1), if only 20 posts are
reserved in total for SC & ST candidates, then the reservation of 25%
seats for OBC shall be made from the remaining 80% seats. The
reservation of women is provided under sub-rule (3) of Rule 3, which
is not the subject matter of this writ appeal.
25. As per Section 11(2) of the Act of 1956, the reservation of
OBC shall be twenty-five per cent, where fifty per cent or less seats
are reserved for SC & ST candidates. It further says that such seats
shall be allotted by rotation to different wards in such manner as may
be prescribed. Words such seats mean the seats reserved for OBC,
not for SC & ST. Only twenty five per cent of the seats reserved for
OBC shall be allotted by way of rotation.
26. This Court in the case of Sunil v/s The State of Madhya
Pradesh & Another reported in 2005 (1) M.P.L.J. 180 has held that
the principle of rotation is not applicable in respect of the seats
reserved for SC & ST. Relevant paragraph of the same is reproduced
below:-
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”7. From the perusal of Section 11(2) and (4) of the Act, it is
apparent that the seats reserved for other backwards classes
and women shall be reserved by rotation, but in respect of
seats reserved for Scheduled Castes and Scheduled Tribes,
there is no provision for reservation by rotation. The
emphasis in Sub-section (1) is that wards which are most
concentrated with the population of Scheduled Castes and
Scheduled Tribes shall be reserved for that purpose. Rule 3 of
the Rules provides that out of the total number of wards
determined under Sub-section (1) of Section 10 of the Act,
such number of wards shall be reserved for Scheduled Castes
and Scheduled Tribes in every Municipal Corporation of
which in the total number of wards determined for that
Municipal Corporation as nearly as may be, the same which
is to be total population of the Scheduled Castes or of the
Scheduled Tribes in that Municipal Corporation bears to the
total population of that Municipal Corporation and such
wards shall be those in a descending order in which the
population of the Scheduled Castes or the Scheduled Tribes,
as the case may be, is most concentrated. Aforesaid Rule 3 of
the Rules provides that the population of a particular ward
shall be determined on the basis of persons belonging to
Scheduled Castes residing in that ward and the criteria for
reservation will be population which is concentrated in the
ward, and the reservation will be as per population but in
descending order. Meaning thereby, in a particular ward, the
population of Scheduled Castes shall be determined on the
basis of the persons residing in that particular ward and for
the reservation, the first number of the ward in the seniority
shall be taken into consideration in which the population of
the Scheduled Castes is higher in percentage. Under Rule 4
of the Rules there is provision for subsequent reservation but
the principle of rotation is applicable only in the case where
such rotation is provided but in the case of Scheduled Castes
and Scheduled Tribes persons, principle of rotation is not
made applicable. The respondents on the basis of population
in wards have found the aforesaid six wards to be most
concentrated with the persons belonging to Scheduled Castes
in descending order and have reserved the aforesaid six
wards as per the percentage of population of Scheduled Caste
persons.
[Emphasis Supplied]
27. In the case of Mohammad Azad v/s The State of Madhya
Pradesh & Others reported in 2021 (2) M.P.L.J. 479, the Division
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Bench of this Court has held that sub-rule (3) of Rule 3 of the
Reservation Rules, 1994 is also identically worded which provides
that as nearly as possible, 25% of the total number of wards shall be
reserved for Other Backward Classes in such Municipalities, where
out of the total number of wards, 50% or less in number wards are
reserved for Scheduled Castes and Scheduled Tribes, and such wards
shall be reserved by lot from the remaining wards excluding the
wards, reserved for Scheduled Castes and Scheduled Tribes. Relevant
paragraphs of the said judgment are reproduced below:-
”7. There is no problem so far as the action of the
respondents to the extent of providing the reservation to
Scheduled Castes and Scheduled Tribes is concerned.
However, the difficulty arises at the stage of applying sub-
section (2) of Section 29-A of the Act of 1961, which inter
alia provides that as nearly as possible twenty-five percent of
the total number of Wards shall be reserved for Other
Backward Classes in such Municipalities where fifty percent
or less seats are reserved for Scheduled Castes and Schedules
Tribes, and such seats shall be allotted by rotation to different
Wards in such manner as may be prescribed, provided that if
from any ward so reserved, no nomination paper is filed for
election, as a Councillor by any member of the Other
Backward Classes, then the Collector shall be competent to
declare it WP-1302-2021 as unreserved. Sub-Rule (2) of Rule
3 of the Rules of 1994 is also identically worded, which
provides that as nearly as possible, 25% of the total number
of wards shall be reserved for Other Backward Classes in
such Municipalities, where out of the total number of wards,
50% or less in number wards are reserved for Scheduled
Castes and Scheduled Tribes, and such wards shall be
reserved by lot from the remaining wards excluding the
wards, reserved for Scheduled Castes and Scheduled Tribes
(underlining ours).
8. At this stage, it is also to be noted that Sub-section (3) of
Section 29-A of the Act, 1961 provides that as nearly as
possible 50% of the total number of seats reserved under
sub-sections (1) and (2), shall be reserved for women
belonging to the Scheduled Castes or the Scheduled Tribes
or Other Backward Classes, as the case may be. Sub-sectionSignature Not Verified
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(4) provides that as nearly as possible 50% (including the
number of seats reserved for women belonging to the
Scheduled Castes, Scheduled Tribes and Other Backward
Classes), of the total number of seats to be filled by direct
election in every Municipality shall be reserved for women
and such seats shall be allotted by rotation to different
wards in a Municipality in such manner as may be
prescribed. Sub-section (5) of Section 29-A of the Act of
1961 stipulates that the reservation of seats under sub-
sections (1), (2) and (3) shall cease to have effect on the
expiration of the period specified in Article 334 of the
Constitution of India.
15. In view of our preceding analysis of the law, the writ
petition deserves to succeed. The notification dated
28.11.2020 (Annexure P-1) to the extent of providing
reservation of 07 seats to Other Backward Classes (OBC) is
set-aside with a direction to the respondents to provide
reservation only for 06 (six) seats to the OBC to implement
the direction of the Government dated 29.08.2019 and
undertake a fresh exercise to provide such reservation by
rotation in terms of Rule 3(3) of the Rules of 1994. Entire
exercise shall be undertaken and completed at the earliest but
not later than 15 days.”
[Emphasis Supplied]
28. Shri Vibhor Khandelwal, learned counsel for the
respondents / writ petitioners argued that Article 243T of the
Constitution of India says that in the Municipal area such seats may
be allotted by way of rotation to different constituencies, therefore,
contention of the State Government that the rotation cannot be
applied for reservation of SC / ST & OBC in Municipal area is
unfounded and is liable to be rejected.
29. It is correct that Article 243T says that the seats shall be
reserved for the SC & ST in every municipality as per the population,
and such seats may be allotted by rotation to different constituencies
in Municipalities. The reservation to the Scheduled Castes & the
Scheduled Tribes is mandatory, but such allotment by rotation is
optional. As per Section 11 of the Act of 1956, there shall be the
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reservation of wards for the Scheduled Castes & the Scheduled
Tribes, where their populations are concentrated, subject to a
maximum limit of 50%. In subsequent elections, the same reservation
shall be subject to the concentration to population of the Scheduled
Castes & the Scheduled Tribes, there could be possibility of change
in the concentration, hence, there could be no reservation to the
Scheduled Castes / Scheduled Tribes. Therefore, reservation by way
of rotation cannot be made compulsory because it is always subject to
the concentration of the population. Rule 4 of the Reservation Rules,
1994 talks about reservation of wards at the time of subsequent
elections because in every election, the concentration of populations
of the Scheduled Castes & the Scheduled Tribes is liable to be
examined, according to which reservation will be made to the
particular seats, and this cannot be done by way of rotation. Since the
criteria to reserve seats for the Scheduled Castes & the Scheduled
Tribes are their share in the population of particular wards, hence,
there cannot be rotation.
30. Rule 3 of the Reservation Rules, 1994 says that such wards
shall be those in descending order in which the population of the
Scheduled Castes or the Scheduled Tribes, as the case may be, is
most concentrated. There is a limit of twenty five per cent reservation
for the Other Backward Classes candidates, excluding the reservation
of the Scheduled Castes & the Scheduled Tribes candidates. The
wards shall be reserved for OBC candidates by lot from the
remaining wards, excluding the wards reserved for the Scheduled
Castes & the Scheduled Tribes candidates as per sub-rule (2) of Rule
3. As per conjoint reading of Section 11(2) of the Act of 1956 and
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 21-07-2025
18:07:37
NEUTRAL CITATION NO. 2025:MPHC-IND:18728
17
W.A. No.123 of 2022
Rule 3(2) of the Reservation Rules, 1994, reservation by way of
rotation is provided only to the Other Backwards Classes seats and
not for the Scheduled Castes & the Scheduled Tribes seats / wards.
31. In view of the above, the impugned order dated 10.01.2022
passed by the Writ Court in Writ Petition No.12517 of 2021 deserves
to be and is hereby set aside, and the writ petition stands dismissed.
32. Writ Appeal stands allowed. There shall be no order as to
cost.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Ravi
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 21-07-2025
18:07:37
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