Prem Kumar Sahu Petitioner v. Urban Administration Department

Heard on admission and on interim relief.

The petitioner who is stated to be local resident of Rajgarh and voter of the Municipal Council, Rajgarh aggrieved with the order dated 3/11/2014 by which the post of President of Rajgarh Municipal Council has been reserved for female candidates instead of the candidate belonging to the other backward class.

The case of the petitioner is that he belongs to the category of OBC and he wants to contest the election, but he is deprived of the same since the post of President has been reserved for female candidate. The further case of the petitioner is that the election programme has been declared on 2/11/2014 and last date of submission of the application is 12/11/2014 and since after declaration of the election programme the reservation has been changed, therefore, he has been deprived of his right.

Having heard the learned counsel for petitioner and on the perusal of the record, it is noticed that under Article 243-ZG, there is bar to interference by courts in election matter. The Supreme Court in the matter of Anuragh Narain Singh v. State of UP reported in (1996) 6 SCC 303 while considering the Article 243-ZG has held that in terms of Article 243-ZG of the Constitution, there is a complete and absolute bar in considering any matter relating to municipal election on any ground whatsoever after publication of the notification for holding the election. Similar is the view taken by the supreme court in the matter of State of UP v. Pradhan Sangh Kshettra Samiti reported in 1995 Supp (2) SCC 305, and in the matter of Election Commission of India through Secretary v. Ashok Kumar reported in (2000) 8 SCC 216.

In view of the aforesaid position of law, no ground is made out to interfere in the writ petition at this stage which is dismissed in limine with liberty to the petitioner to raise the issue in the appropriate proceedings in accordance with law.

c.c as per rules.