Hold Mohali mayoral poll in 15 days, says High Court

Tribune News Service

Chandigarh, August 4

Directing the holding of the Mohali mayoral poll in 15 days, a Division Bench of the Punjab and Haryana High Court today made it clear that the Mayor’s seat would not be reserved for women this time.

The Bench of Justice Hemant Gupta and Justice Lisa Gill also dismissed an appeal filed by the Punjab Government against the Single Bench orders setting aside the decision to reserve the Mayor’s post for women.

The state, in its appeal, had earlier sought directions for quashing the April 20 order, vide which the Single Judge had earlier allowed petitions against the move to reserve the Mayor’s post for women in Mohali.

The Bench, on a previous date of hearing, had observed that the perusal  of  the roster,   prescribed by the “Reservation for the Offices of Mayors of Corporations Rules, 1996”, amended  on  June 1, 2012,  showed  that  roster  point number 10 was reserved  for Scheduled  Castes  and  roster  point  number 17 was  reserved  for women. However, the method by which such points would be allocated among municipal corporations could not be made out from the reading of the roster.

The matter was initially brought to the notice of the High Court after petitioner Amrik Singh had sought directions for quashing a March letter 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 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, rules 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.

As per the amendment carried out again on June 1, 2012, it was mentioned that the first reservation would be at serial number 10 for a Schedule Caste candidate 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.