HC allows pleas against move

Tribune News Service

Chandigarh, April 20

In a major embarrassment for the Punjab Government, the Punjab and Haryana High Court today allowed petitions against the move to reserve the Mohali Mayor’s post for women. The orders by Justice Jaswant Singh came just over a month after the High Court stayed the process for the mayoral poll in Mohali.

In one of the petitions against the state of Punjab, the Director, Department of Local Government, and another respondent, Amrik Singh had sought directions for quashing a letter issued in March whereby the Mayor’s post stood reserved for women.

Counsel for the petitioners Deepinder Singh Patwalia and Puneet Gupta had contended that the action was “totally contrary” to the Punjab Municipal Corporation Act, 1976, as well as the 1996 Rules framed there under, on the reservation of the Mayor’s offices in the corporations. Directions were also sought to provide reservation for women and the Scheduled Castes as per the 1996 Rules and its Schedule.

Going into the background of the matter, they contended that the Reservation for the Offices of Mayors of Corporations Rules, 1996, were framed to reserve the Mayor’s office. Rule 2 mentioned that of the 100 offices of mayors of corporations, the offices occurring at serial numbers 13, 36, 54, 79 and 94 would be reserved for the Scheduled Castes and the offices occurring at 18, 37, 59, 81 and 100 would be reserved for women, including those belonging to the Scheduled Castes.

Therefore, for the first time, the office at serial number 13 was reserved for the Scheduled Castes and the Mayor’s office at serial number 18 was reserved for women. The 1996 Rules were further amended in 2007.

According to an amendment carried out again on June 1, 2012, it was mentioned that the first reservation would be at serial number 10 for Schedule Caste candidates and the second reservation for women at 17 and the third reservation at 24 for the Backward Classes. Till date, about 15 elections have been held.

“Under the Schedule, as amended on June 1, 2012, only the 10th point has been reserved for the Scheduled Castes and in no circumstances, the post of Mayor can be reserved for women as the same occurs at number 17…. The Mayor’s post in the Municipal Corporation, Mohali, could not have been reserved for anyone,” it was added.