Mohammad Azad Versus State of Madhya Pradesh & Others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 1302 of 2021, Judgment Date: Feb 24, 2021

Law Laid Down:-

(1) Madhya Pradesh Municipalities Act, 1961 - Section 29 (Determination of number and extent of wards and conduct of elections) – Section 29-A (Reservation of Seats) & Madhya Pradesh Municipalities (Reservation of Wards for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women) Rules, 1994 - Rule 3 (First time reservation of wards) – Election for the post of Councillor in Municipal Council - WHETHER – Ratio of reservation of seats for Scheduled Castes, Scheduled Tribes and Other Backward Classes in Municipal Council, can exceed 50% of the total number of wards.

HELD - Reservation of seats for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women in local self-government institutions is a measure of protective discrimination to weaker sections of society at the local level, intended to afford them adequate representation in local self-government, and to give them a chance to play leadership role. Vertical reservation provided in favour of SCs, STs & OBCs however, when taken together, in any case, cannot exceed upper limit of 50%. However, the upper ceiling limit of 50% can, in exceptional circumstances, be breached to provide reservation to Scheduled Tribes in Schedule-V areas but this cannot be invoked for reservation in favour of backward classes for the purpose of local bodies located in general areas. Thus, Municipal Council Dhanpuri does not fall within the Schedule-V areas and therefore, the upper limit of 50% for providing reservation in favour of Scheduled Tribes cannot be breached in this case.

(2) Limit of 50% reservation can be breached only if it is to be given to Schedule Tribes of the Panchayats in Scheduled Areas covered by Schedule-V of the Constitution, for there is compelling need in scheduled areas to safeguard interest of tribal communities by giving them effective voice in local self-government.

Chronological List of Cases Cited: 1. (2010) 7 SCC 202; K. Krishna Murthy (Dr.) Vs. Union of India;

2. (2010) 4 SCC 50; Union of India Vs. Rakesh Kumar

3. 1992 Supp (3) SCC 217; Indra Sawhney vs. Union of India.

Mohammad Azad Versus State of Madhya Pradesh & Others