Punjab & Haryana HC Upholds Reservation For SC/STs In Punjab Municipal Corporation Ward, Says It Ensures Representation In Local Self-Body

The Punjab & Haryana High Court upheld the reservation made in a ward in Punjab's Nagar Panchayat Khanauri, Sangrur for the Punjab Municipal Corporation election, observing that the roster for reserving seats is created to ensure representation of the backward class category of candidates in local self-bodies.

Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "Needless, to say that the said reservation roster which also covers candidates belonging to the category of BCs, is to conform, to the expostulations of law carried in verdict (supra), whereins, it becomes expostulated qua the quantitative limit of 50 % of vertical reservations to be made in favour of SCs, STs, OBCs, but does not become breached, thus when a roster for reserving seats is created for therebys ensuring representations in local self bodies vis-a-vis the backward class category of candidates."

"In essence, therebys, the creation of a reservation roster in favour of backward class category candidates, is to be in addition to the collective quantitative limit of 50 % of vertical reservations, as created in favour of SCs, STs and OBCs," the bench added.

The Court was hearing a batch of pleas wherein the central dispute relates to the reservation of ward no. 8 in Nagar Panchayat Khanauri, Sangrur, for the Backward Class Category under a notification dated 23.12.2022, allegedly violating the principles laid down by the Supreme Court regarding reservation policies in local body elections.

It was argued that the seat (Ward No. 8) which was declared reserved for backward class in the upcoming election but was also reserved for the said category in the year 1994 and in the year 2005, therebys, the principle of rotation has been violated while reserving the said seats.

After examining the submissions, the Court noted that the dispute at hand is not in respect of the illegitimacy of reservation made, "through the reservation roster system vis-à-vis the OBCs, SC/ST categories, whereupons, whom the vertical reservations only to the extent of the quantitative ceiling limit of 50 % is to be bestowed nor the dispute relates to the said quantitative limit being breached."

Referring to K. Krishna Murthy and Others Vs. Union of India and Another, reported in (2010) 7 SCC 202, the bench said that the Apex Court in the case after declaring intra vires the constitutional provision carried in Article 243-D (6) and in Article 243-T(6), and "there is permissibility to endow the benefit of reservations in local bodies vis-à-vis the Backward Class category of candidates, but yet when in the supra constitutional provisions, the State Legislature also become enabled to draw legislations for therebys creating a roster reservation system in favour of the backward class category candidates."

The bench noted that the Punjab State Legislative Assembly, thus has passed the Punjab Municipality Act  and also the Rules in light of Article 243-D (6) and Article 243-T(6).

"Therefore, when in terms of the legislation, after a de-limitation exercise becoming conducted, thus, the present impugned roster reservation system becomes evolved, whereunders, reservations have been created not only vis-à-vis those who are entitled to the supra vertical quantitative scale of reservation, but also when thereunders reservations have been created in favour of the backward class category candidates, thus in the forthcoming elections," the Court opined.

While dismissing the plea, petitions were dismissed, and the court refrained from interfering with the election process already initiated. It further noted that such interference would contravene constitutional mandates and Supreme Court directives regarding timely elections to local bodies.

Title: Jai Naraiyan and Another v. State of Punjab and Others [along with other petitions]

Citation: 2024 LiveLaw (PH) 433

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