A bunch of pleas seeking quashing of the State Election Commission's notification, reserving seats for woman and Scheduled Caste candidates for the upcoming MCD polls after its trifurcation, was dismissed on Wednesday by the Delhi High Court.
A bench of Justices Sanjay Kishan Kaul and Rajiv Shakdher dismissed the pleas made by various MCD councillors, saying that it finds “nothing wrong” in the mode and manner of reservation of the seats for woman and SC candidates by the poll panel.
“We find nothing wrong with the action of the State Election Commission qua the mode and manner of reservation of seats for the SC and the women and, thus, dismiss the writ petitions leaving the parties to bear their own costs,” the bench said.
The court, in its 55-page judgement, did not find fault with the delegation of power either by the Delhi Government to the SEC to earmark wards and reserve them for the SC and woman candidates.
“We are of the unequivocal view that no fault can be found with the delegation of power under Section 490B of the said Act (Delhi Municipal Corporation Act) by the notification dated January 24, 2012 and the challenge to the same is misplaced. In our opinion, the fact that the Central and the State governments in exercise of the powers conferred under the DMC Act have chosen to delegate this function, by issuance of notification under Section 490A and 490B of the DMC Act respectively, does not in any manner, in our opinion, erode the independent constitutional status enjoyed by the SEC under the Constitution,” said Justice Kaul, writing the judgement.
The court dismissed as many as twelve petitions against the SEC notification of January 27, by which a list of reserved seats in all three Corporations of Delhi on the basis of 2001 Census was prepared. – PTI
