Nafr High Court
Case Details
1 / 19 WPC No.455 of 2025 and other connected matters 2025:CGHC:5435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 455 of 2025 Order reserved on 27.01.2025 Order delivered on 30.01.2025 1. Aivaj Dewangan S/o Late Shri Phool Singh Dewangan Aged About 50 Years R/o Trimurti Nagar, Ward No.31, Chandrashekhar Azad Ward, Nagar Nigam Beergaon, P.S. Urla, Tahsil Raipur, District Raipur, C.G. versus --- Petitioner 1. State Of Chhattisgarh Through The Secretary, Department Of Urban Development And Planning, Mahanadi Bhawan, Naya Raipur, P.S. Rakhi, Raipur, District- Raipur, C.G. 2. Director, Department Of Urban Development And Planning, Directorate, Naya Raipur, P.S. Rakhi, Raipur, District Raipur, C.G. 3. Municipal Corporation Beergaon, Through The Commissioner, Raipur, District Raipur, C.G. --- Respondents with WPC No. 523 of 2025 1. Domesh Dewangan S/o Shri Ramkishan Dewangan Aged About 38 Years R/o Ward No. 29, Vyas Nagar, Nagar Nigam Beergaon, P.S. Urla, Tahsil - Raipur, District Raipur, Chhattisgarh ---Petitioner Versus 1. State Of Chhattisgarh Through The Secretary Department Of Urban Development And Planning, Mahanadi Bhawan, Naya Raipur, P.S. Rakhi, Raipur, District Raipur, Chhattisgarh 2. Director, Department Of Urban Development And Planning, Directorate, Naya Raipur, P.S. Rakhi, Raipur, District Raipur Chhattisgarh 2 / 19 WPC No.455 of 2025 and other connected matters 3. Municipal Corporation, Beergaon Through The Commissioner, Raipur, District Raipur Chhattisgarh 4. Chhattisgarh State Election Commission Through The Secretary, Nirvachan Bhawan, Sector-19, North Block, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh --- Respondents with WPC No. 456 of 2025 1. Ashok Talmale S/o Gangaram Talmale Aged About 54 Years R/15/1038, Kalimata Mandir Marg Jora Para, Raipur, District- Raipur (C.G.) Versus ---Petitioner 1. State Of Chhattisgarh Through The Secretary Department Of Urban Development And Planning, Mahanadi Bhawan, Naya Raipur, P.S. Rakhi, Raipur, District- Raipur (C.G.) 2. Director, Department Of Urban Development And Planning, Directorate, Naya Raipur, P.S. Rakhi, Raipur, District Raipur (C.G.) 3. Municipal Corporation, Raipur Through The Commissioner, District Raipur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners
Legal Reasoning
: Mr. Prateek Sharma, Advocate For Respondents/State : Mr. Prafull N. Bharat, Advocate General with Mr. Praveen Das, Dy. Advocate General For Respondent/ Election Commission For Respondent/ Municipal Corporation : Mr. R. S. Marhas, Advocate : Mr. Satish Gupta, Adv. and Ms. Ayushi Agrawal, Adv. on behalf of Mr. Vivek Sharma, Adv. Mr. Pulak Bhattacharya, Additional Director, Department of Urban Development and Planning is also present. C A V Order By Bibhu Datta Guru, J. 3 / 19 WPC No.455 of 2025 and other connected matters 1. Since the facts and grounds involved in all these petitions are similar, they are being considered and decided by this common order. 2. By the present writ petitions, the petitioners are seeking setting aside the notification dated 15-1-2025 issued by the State Government by which it has notified the reservation of the office of the Mayor of Municipal Corporation and also seeking setting aside the entire proceedings dated 7-1-2025 by which reservation of post of Mayor of the Municipal Corporations has been decided. In WPC No.523 of 2025 the petitioner further seeking setting aside the election notification dated 20-1-2025 issued by the Chhattisgarh State Election Commission. 3. (i) Learned counsel appearing for the petitioners would submit that notification dated 15.01.2025 and the procedure conducted on 07.01.2025 for reservation of post of Mayor are arbitrary, unreasonable, discriminatory, unauthorized, unwarranted and illegal. He would further submit that by 94th amendment part IX regarding the Municipalities was incorporated in the Constitution of India whereby in Article 243T reservation of seats is prescribed. Under Section 11 and 11-A of the Chhattisgarh Municipal Corporation Act, 1956 (henceforth ‘the Act, 1956’) reservation of seats and reservation of the office of the Mayor is prescribed and in Section 11-A(5) it is provided that the reservation shall be made in such manner as may be prescribed. By exercising powers under Section 11-A(5) read with section 433 of the Act 1956 rules are framed, namely; Chhattisgarh Municipalities (Reservation of office of Mayor and President) Rules, 1999, (henceforth ‘the Rules, 1999’) 4 / 19 WPC No.455 of 2025 and other connected matters whereby in Rule 5, the procedure of reservation is prescribed and in Rule 6 speaks about procedure of subsequent reservation. Rule 9 is about process of reservation. According to the learned counsel, the rotation is a continuation process and cannot stop anywhere nor again restarted afresh. (ii) Learned counsel would further submit that three Municipal Corporations are reserved for SC, ST category on the basis of having maximum population according to the 2011 general census. Therefore, the rest of eleven Municipal Corporations, Mayor post will rotated only in four categories i.e. OBC, OBC women category, unreserved and unreserved women category. Therefore, the reservations will be made accordingly and if explanation of Rule 6 will be taken into consideration with Rule 9, then once any post is reserved for unreserved women category, then the same Municipality Mayor post will not be reserved for unreserved women category again until all the Corporations are reserved as unreserved women category by rotation. He would submit that since the reservation is wrongly applied by the respondent State, therefore, rotation in reservation in post of Mayor is not followed properly and the same is done as per the whims and fancies of the authorities. (iii) According to the learned counsel, the respondent State had wrongly applied rotation system whereby it appears that they have treated the rotation to be completed in the year 2014 election and again fresh rotation system started from year 2019 election but till the position of year 2014 also Dhamtari Municipal Corporation was not reserved for 5 / 19 WPC No.455 of 2025 and other connected matters OBC category but rotation treated to be completed. Similarly Raipur, Rajnandgaon, Bhilai and Chirmiri were not reserved for unreserved women category till 2014 election. In the year 2014 three posts were reserved for unreserved women category. Even in the election of 2019 also reserved seats of particular cadre were not put for lottery system which can be done only if rotation is continuing and not when rotation is started afresh. (iv) According to the learned counsel, in view of faulty reservation process applied by the respondent authorities, by impugned notification dated 15.01.2025 the Municipal Corporation Raipur was reserved for unreserved women, Municipal Corporation Birgaon is reserved for unreserved woman, Durg is reserved for OBC women, Municipal Corporation Bhilai is reserved for OBC, Rishali Municipal Corporation is reserved for SC women, Municipal Corporation Charoda is reserved for OBC open, Municipal Corporation Rajnandgaon is kept unreserved open, Municipal Corporation Dhamtari is kept unreserved open, Municipal Corporation Jagdalpur is reserved for unreserved open, Municipal Corporation Raigarh is reserved for SC open, Municipal Corporation Korba is reserved for unreserved women, Municipal Corporation Bilaspur is reserved for OBC open, Municipal Corporation Ambikapur is reserved for ST open, Municipal Corporation Chirmiri is kept as unreserved open. (v) Learned counsel would submit that the entire procedure of reservation conducted for the post of Mayor of total fourteen Municipal 6 / 19 WPC No.455 of 2025 and other connected matters Corporation of the State of Chhattisgarh on 07.01.2025 and notification dated 15.01.2025 are in complete violation of procedure prescribed in the Rules, 1999; the Act, 1956 and the Constitution of India. In support of his contention, he would place reliance upon the decision rendered by the Supreme Court in the matter Sanjay Ramdas Patil v Sanjay and Others1 (paras 31 & 32) and Kishorchandra Chhaganlal Rathod v Union of India and Others2. 4. (A) Learned counsel appearing for the State, per contra, would submit that the grievance of the petitioner is completely misplaced and no cause has been brought out by the petitioner to exercise the power under Article 226 of the Constitution of India, as the petitioner has not disclosed the entire particulars of the case and has not placed the necessary particulars. He would further submit that while invoking the extra ordinary jurisdiction under Article 226 of the Constitution of India, the petitioner have to come with clean hand and one who does not act with equity, has no right to claim equity from the Court. The petitioner has deliberately concealed the material facts and has made misrepresentation in order to mislead the Court. (B) The instant writ petition has been filed being aggrieved by the reservation proceedings conducted on 07.01.2025 by the respondents for reservation of post of Mayor of the Municipal Corporation and the notification dated 15.01.2025 issued by the State with all consequential proceedings and orders whereby the post of Mayor of Municipal 1 2 (2021) 10 SCC 306 2024 SCC OnLine SC 1879 7 / 19 WPC No.455 of 2025 and other connected matters Corporation has been reserved. He would submit that the ST and SC reservation is done vertically whereas, the reservation for OBC and woman (in all candidates) is done by virtue of horizontal reservation by draw of lots. The cycle for OBC woman and UR woman which were to be drawn by lots got completed from 2004 to 2014 and from 2019 onwards, the fresh cycle with respect to woman reservation was carried out. Rajnandgaon, Chirmiri, Risali and Jagdalpur Municipal Corporations were selected by draw of lots for OBC and UR woman categories. (C) Learned counsel would submit that after reserving the seats for ST and SC candidates on the basis of ratio of their population with respect to total population of the municipalities, the remaining seats subject to maximum of 50% of the seats, would be reserved for OBC. The horizontal reservation for woman ST, woman SC and OBC woman and UR woman are done through draw of lots and by adopting the procedure of rotation. In the year 2004, the reservation of Korba, Raipur and Rajnandgaon corporations seats were selected by draw of lots for OBC categories and in the year 2009, the reservation of Chirmiri, Durg and Bhilai corporations seats were selected by draw of lots for OBC category. In the year 2014, the reservation of Birgaon, Jagdalpur and Bilaspur corporations got an opportunity of reservation of OBC for draw of lots. Thus, it is quite vivid that cycle of rotation was completed from 2014 and the fresh cycle commences from 2019 onwards whereby, by draw of lots, Rajnandgaon, Korba and Dhamtari were selected. In the present year 2025, the second cycle of rotation (2019 onwards), the 8 / 19 WPC No.455 of 2025 and other connected matters Rajnandgaon, Korba and Dhamtari were excluded from the lots and the remaining lots were drawn for the remaining local bodies and by choice/faith, the Bhilai, Charoda Bhilai, Bilaspur and Durg got reserved for OBC candidates. It is noteworthy that, no local body has ever been repeated in the second cycle commenced from 2019 onwards and therefore, it is clear that, all fairness and transparency has been adopted in accordance with the provisions of the relevant rules. Out of these four draws mentioned above, a separate draw of lot was done for selection of OBC woman wherein, the Durg Municipal Corporation has been selected as OBC woman candidate. It is matter of faith and fair choice that, in the draw of lots for 2025 election, the Raipur Municipal Corporation could not be selected as OBC category. The petitioner has just imagined and without any basis that, the draw of lot was done to defeat his possibility of contesting election. (D) Learned counsel would submit that the election for Mayor and President of Municipalities is contested on party-wise basis wherein, all the prominent parties launched their candidates for contesting the election. During the proceedings i.e. on 07.01.2025, all the prominent leaders of all various political parties were duly present and out of as many as 200 persons who were present in the said proceedings, only eight objections have been received with respect to all the different Municipal Corporations and the said objections so received have duly been considered and decided on the spot. 9 / 19 WPC No.455 of 2025 and other connected matters (E) Learned counsel would submit that the instant petition is sponsored at the behest of some person with ulterior motive who intend to damage the democratic procedure of election by failing such vague and baseless petition. The entire proceedings of reservation have been conducted in accordance with the provisions as contained under Rule 5 & 6 of the Rules, 1999. The entire exercise of reservation has been done by virtue of rotation and draw of lots and no act of arbitrariness and illegality can be attributed to the Answering Respondents State. It is also clear that, the sole intention of the petitioner is to delay the election proceedings on the pretext of vague and bald allegations. He would submit that the present petition is an effort to derail and disrupt the constitutional proceedings of elections by virtue of vague and baseless allegations raised in the instant writ petition. (F) According to the learned counsel, the entire proceedings have been conducted in a fair manner and nothing has been placed on record by the petitioner to disclose that, any irregularity has been committed and the procedure is contrary to the rules. The action of the State is proper, legal, within the jurisdiction and strictly in accordance with law and there is no infirmity or illegality in the impugned notification. (G) To buttress his contention, learned counsel would place reliance upon the decisions rendered by the Supreme Court in the matters Anugrah Narain Singh and Another v State of U.P. and Others3, Jaspal Singh Arora v State of M.P. and Others4, Election Commission 3 4