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A plea has been filed before the Supreme Court challenging the Bombay High Court judgment which upheld the final notification issued by the Deputy Commissioner (Revenue), Aurangabad Municipal Corporation regarding delimitation/ward formation and draw of reservation of seats for the ensuing elections of Aurangabad Municipal Corporation.

Filed through Zakat Foundation of India, a non-governmental/non-profit organization, the plea submits that the impugned judgment suffers from grave errors and warrants interference under Article 136.

Background

The Maharashtra Municipal Corporation (Amendment) Act, 2019 was enacted with the intent to replace the multi-member ward system by single member ward system for the purpose of election to the Municipal Corporation.

Pursuant to the amendment, the State Election Commission started the delimitation process by issuing the order dated January 3, 2020 which provided guidelines for Delimitation of Wards (formation of wards) and for applying reservation rotation wise for various Municipal Corporation in the State of Maharashtra. 

The programme of formation of ward of Aurangabad Municipal Corporation was published through the respondent authorities and the draw of Scheduled Caste category and women was to be held on February 3, 2020 and the draft notification was scheduled to be published on February 4, 2020. It was further mentioned that suggestions and objections, if any, were to be called from February 4, 2020 till 3 pm on February 11, 2020.

A draft notification was published which provided for the number of seats to be reserved for Scheduled Castes, Scheduled Tribes, Backward Class of Citizens and Women (including women belonging to Scheduled Castes, Scheduled Tribes and the Backward Class of Citizens).

Accordingly, objections were filed by the petitioner against the formation of Ward No. 67, Kotla Colony which was alleged to not be in accordance with the guidelines of the State Election Commission as the ward was bifurcated by a main road and big over-bridge. It was also mentioned that the boundaries of the ward were not correct.

When the final notification was published, the objections raised by the petitioners were not taken into account, instead a petition was filed before the High Court which came to be dismissed.

Case before Supreme Court

In the plea filed before the top court, it was argued that as per Guideline No. 4.4 issued by the State Election Commission population of Ward has to be 10% less or 10% more of the average population. Additionally, if in exceptional circumstances, the population of ward is kept less or more than the above-mentioned limit, then the reason for the same has to be mentioned in the draft, which is alleged to have been flouted without giving any explanation whatsoever.

Furthermore, the plea alleges that out of total 115 wards, 22 wards have been reserved for Schedule castes, however in 8 of these wards, the population of Schedule caste people is very less.

Thus, a violation of Section 5A of the Maharashtra Municipal Corporation Act, 1949, has been alleged as there are several wards, where a seat has not been reserved for Scheduled Castes even though their population is more.

"...Pertinently, the total population of scheduled castes in Aurangabad Municipal Corporation is 2,38,105 and presently, 22 wards have been reserved for Scheduled Castes. It is relevant to note that these 22 wards comprise of only 34,614 scheduled castes and the remaining 2,03,491 scheduled castes fall in those wards where seat has not been reserved. This is a clear violation of the Maharashtra Municipal Corporation Act,1949 as well as the guidelines of the State Election Commission", the plea submits.

Accordingly, the petitioners have further sought an interim relief to stay the impugned judgment.

 

[Case Title - Zakat Foundation of India & Ors v. State of Maharashtra & Ors.]