Holding

A councillor’s eligibility for the President’s post is based on belonging to the reserved category, irrespective of whether he/she was elected from a reserved or general ward.

Summary

The appellant, K.F. Ganchi, a member of the Backward Classes, was elected as a councillor from a general (unreserved) ward of Jambusar Municipality. The roster for 1997 required that the President of the municipality be a Backward Class member. Respondent No.1, Chandubhai Rajput, contended that only Backward Class councillors elected from seats reserved for that category could contest for President, and the Gujarat High Court set aside Ganchi's election based on the earlier Saraswati Devi decision. On appeal, the Supreme Court examined Article 243T of the Constitution, Section 6 and Section 33 of the Gujarat Municipal Act, 1963, and the 1994 Rules on reservation for the office of President. The Court held that reservation is determined by the candidate’s caste category, not by the nature of the ward from which they were elected, and therefore Ganchi was eligible to contest. Consequently, the High Court’s order was reversed and the writ petition dismissed. The appeal was allowed, overruling the precedent set in Saraswati Devi v. Shanti Devi.

Issues considered

Whether a municipal councillor belonging to a reserved category but elected from an unreserved ward is eligible to contest for the office of President when the roster reserves that office for the same category.

Legislation cited

Constitution of Indias. Article 243T

Subjects

reservationmunicipal electionsBackward ClassesPresident of MunicipalityrostereligibilityArticle 243TGujarat Municipal Actoverruled precedent

Judgment

KASAMBHAI F. GANCHI A
v.
CH~NDUBHAI D. RAJPUT AND ORS.

NOVEMBER 25, 1997

[J.S. VERMA, CJ., B.N. KIRPAL AND B
M. JAGANNADHA RAO, JJ.]

Election laws : Gujarat Municipal Act, 1963 - Section 6, 33/Gujarat
Municipalities (Reservation of Scheduled Castes, Scheduled Tribes, Backward C
Classes and women for the office of President) Rules, 1994 - Rules 2, 3-
Re~ervation for Scheduled Castes, Scheduled Tribes, Backward Classes and
women in Municipal Election - When by roster: the office of the President of
Municipality is reserved.Jar a particular category - All members of the
municipality belonging to the specific reserved category irrespective of
whether they were elected from the reserved seat for: the particular category D
or from the unreserved general seat, would be eligible to contest for the office
of President - Constitution of India, Art. 243T.

The appellant, belonging to Backward Class had been elected to a ward
which was in general category, in the Municipal elections held in Gujarat.
Respondent No. 1 was elected to a reserved seat for Backward Class category. E
As per the roster, a person belonging to a Backward Class was to hold the
office of the President of the Municipality for the term beginning in 1997.
Respondent No. 1 filed a writ petition in Gujarat High Court contending that
only those Backward Class candidates, who had been elected from the wards
reserved for Backward Class could stand for the post of President, when as F
per roster the office of the President had to be filled by a Backward Class
candidate.

The writ petition was dismissed, but the review petition filed by the
respondent was allowed by the High Court following the Supreme Court's
decision in Saraswati Devi's case. The High Court set aside the election of G
the appellant as President, holding that he was not eligible to contest as he
was not elected from a seat which was reserved for Backward Class~Hence
this appeal contending that the decision in Saraswati Devi's case requfred
reconsideration in as much as the said decision ran counter to the provisions
of the Constitution oflndia, the Gujarat Municipalities Act, 1963 and the
Rules framed thereunder.
401 H
402 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.

A Allowing the appeal, this Court
L

HELD : I. The appellant who belonged to a Backward Class was
eligible to stand for the office of the President even though he had been
I
elected as a member of the Municipality not from a reserved seat but from
a general seat. As per the roster it was a Backward Class member who in
B the year 1997 was to be the President of the Jambusar Municipality. The
appellant, who belonged to a Backward Class could not be regarded as being
ineligible merely because fle had not been elected to a seat which had not
been reserved to a Backward Class candidate. Consequently his election as
the President, on this ground, could not have been set aside. [415-G-Hl
C 2.1. Article 243T of the Constitution of India, the provision of the
Gujarat Municipal Act, 1963, or Gujarat Municipalities (Reservation of
Scheduled Castes, Scheduled Tribes, Backward Classes and women for the
office of President) Rules, 1994 do not contain any provision that only
members elected to the reserved seats will be eligible to stand for electi(ln
D of the President when, as per the roster, the office is required to be filled
by a person belonging to a particular category. The legislative intent is
absolutely clear that one person, whether elected from general seat or
reserved seat, but who belongs to the category out of which the President is
to be elected can contest for the post of President. [411-C; Bl
2.2. By provid_ing for the office of the President to be filled from
E different categories of persons by rotation the effect is that, as per the roster
point, the office of the President is required to be filled from a specified or
particular class, e.g. the Scheduled Caste or Scheduled Tribes or Backward
class or woman, then all other members of the municipality who do not fall
under that category, are all excluded from contesting the election. The
p eligibility and the corresponding exclusion of others is determined on the
basis of the candidate answering to the description of the category or caste
for whom the post is reserved as per roster and not the nature of constituency
from which the person is elected. Therefore, when as per roster the candidate
for the President's post had to be a Backward Class, then the Act and the
Rules do not provide that it is only the Backward Class candidate who had
G been elected from the reserved ward for the Backward Class could stand for
election and the other Backward Class candidates were not eligible even
though they were popular enough to get elected from unreserved ward.
[411-D-FI
2.3. The idea of providing reservation for the benefit of the weaker
H sections of the society is not only to ensure their participation in the conduct
K.F. GANCHI v. C.D. RAJPUT 403
of the affairs of the municipality but it is also an effort to improve their lot. A
When the idea of reservation is to promote the weaker sections of the society
and to improve their lot, it would be a contradiction in terms if members
belonging to that section are debarred from standing to the office of the
-· President because such a candidate is popular enough to get elected from
a general constituency. The language of various legal provisions do not in B
any way suggest, expressly or by necessary implication, that even though a
person who belong to a reserved category and was popular enough to get
elected from a general constituency should be barred from contesting the
election of the President when that office was to be filled by a reserved
category candidate. (411-G-H; 412-A-B)
3. t. The conclusion arrived at in Saraswati Devi's case did not flow C
from the relevant provisions and it is not consistent with the concept of
reservation. The legal provisions provide that office of the President of the
municipality should go by rotation to members belonging to specific category
and no more. These provisions do not provide that those members, though
falling in category of Scheduled Castes, Scheduled Tribes, Backward Classes · D
or women must be only those who have been elected from the seats reserved
for that category of persons. Reservation is with reference to the category/
caste to which the person belongs to and not the nature of the constituency
from which one was elected. (415-A-B)
Saraswati Devi v. Shanti Devi, (1997) 1 SCC 122, overruled.
E
3.2. The Act and the Rules provide for reservation for Scheduled
Castes, Scheduled Tribes, Backward Classes and women. No reservation or
classification is made ward wise. Therefore, all members of the Scheduled
Castes will be regarded as belonging to one class irrespective of the fact
whether they had been elected to a reserved seat or to a general seat. Similar
is the position with regard to the Backward Classes, Scheduled Tribes and F
Women. As all members of the Municipality, irrespective of the fact whether
they had been elected to a reserved seat or not, are eligible for election to
the post of the President when it falls in the general category, similarly when
as per the roster the President is to be one who belongs to the category of
Backward Class then all members of the municipality who are Backward G
Class, irrespective of the seat to which they had been elected, would be
eligible to stand for election. Neither the Act nor the Rules stipulate that
it is only such a member who has been elected to the reserved seat who would
be eligible to stand for election to the post of President when it is the turn
of that category of candidate to become the President of the Municipality.
[415-C-E) H
404 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.

A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8279of1997.

From the Judgment and Order dated 4.8.97 of the Gujarat High Court in
..
C.A. No. 6379of1997.

WITH
.....
B Transfer Petition (Civil) No. 359 of 1997.

Soli L Sorabjee, Y.N. Qza, Manoj Wad, Ms. J.S. Wad and Yashank
Adhyaru for the Appellant.

Pallav Sisodia, Anil Shrivastava and Ms. Sumita Hazarika for the
C Respondent No. 1.

Prasharit Kumar, (Ms. Alka A.ggarwal,) and l.M. Nanavati for the
Respondent No. 2.

The following Judgment of the Court was delivered by :
•
o· VERMA, CJ.: The only question which arises for consideration in this
appeal is whether the appellant, who belongs to a backward class but had
been elected to the Jambusar Municipality from an unreserved seat, could
stand for election for the post of President of the Municipality which was
reserved for a backward class candidate or whether the candidate for that
post could only be a person who was elected to the municipality from a seat
E which was reserved for the· backward class.

With a view to provide for setting up of democratic institutions at the
grass root level, by virtue of 73rd Amendment to the Constitution, Part-IXA
providing for establishment of the municipalities was incorporated in the
Constitution. Article 243 Q, inter a/ia, provides for the setting up of
F municipalities in urban areas and Article 243-T requires all seats in the
municipalities to be filled by persons chosen by direct election. For this
purpose each municipal area is to be divided into territorial constituencies
to be known as wards from where the election takes place. Reservation of
seats for Scheduled Castes, Scheduled Tribes and women is required to be
G provided for by virtue of Article 243 T of the Constitution which reads as
follows:

"243--T- Reservation of seats - (I) Seats shall be reserved for the
Scheduled Castes and the Scheduled Tribes in every Municipality and
the number of seats so reserved shall bear, as nearly as may be, the
H same proportion to the total number of seats to be filled by direct
K.F. GANCHJ v. C.D. RAJPUT [VERMA. C.l.] 405
election in that Municipality as the population of the Scheduled A
Castes in the municipal area or of the Scheduled Tribes in the municipal
area bears to the total populat~or\ of that area and such seats may be
allotted by rotation to different constituencies in a Municipality.

(2) Not less than one-third of the ·total number of seats reserved
under clause (I) shall be reserved for women belonging to the B
Scheduled Castes or as the case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reserved
for the women befonging tO the Scheduled Castes and the Scheduled
Tribes) of the total number of seats to be filled by direct election in
every Municipality shall be reserved for women and such seats may c
be allotted by rotation to different constituencies in a Municipality.

(4) The offices of Chairpersons in the Municipalities shall be reserved
for the Scheduled Castes, the Scheduled Tribes and women in such
manner as the legislature of a State may, by law, provide.
D
(5) The reservation of seats under Clauses ( 1) and (2) and the
reservation of offices of Chairpersons (other than the reservation for
women) under Clause (4) shall cease to have effect on the expiration
of the period specified in Article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from E
making any provision for reservation of seats in any Municipality or
offices of Chairperson in the Municipalities in favour of backward
class of citizens.''

The aforesaid article not only provides for reservation of seats for
Scheduled Castes and Scheduled Tribes and women in the municipalities but F
also envisages that such reservation of seats shall be by rotation. In addition

-
to reservation to the municipalities, sub-article (4) also contemplates the State
Legislatures proving, by law made in this behalf, reservation for the Scheduled
Castes, Scheduled Tribes and women to the post of chairperson in the
municipalities. Further to the aforesaid reservation for Scheduled Castes, G
Scheduled Tribes and women, sub article (6) of Article 243T empowers the
State Legislatures to make provision for reservation of seats, in any
municipality or offices of Chairperson in the municipalities, in favour of
backward class citizens.

The Gujarat Municipal Act 1963 was amended by Act 17 of 1993 so as H
406 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.

A to bring it in conformity with the provisions of Part lXA of the Constitution.
Section 6 of the Gujarat Municipal Act made provision for reservation of seats
for Scheduled Castes, Scheduled Tribes, backward classes and women out of
the total number of seats of Councillors in the municipalities. The relevant
provisions of Section 6, namely, sub-sections (l), (2) and (3) are as follows:

B "Municipality to consist of elected Councillors :

(I) Every municipality shall consist of elected councillors.

(2) The number of such councillors shall be-

(a) 21, in the case of a nagar panchayat
c
(b) 27, ifthe population of the municipal borough exceeds 25,000

(c)
but does not exceed 50,000,

36, ifthe population of the municipal borough exceeds 50,000
-
but does not exceed 1,00,000,
D
(d) 42, if the population of the municipal borough exceeds
1,00,000 but does not exceed 2,00,000 and

(e) 51, if the population of the municipal borough exceeds
2,00,000
E
(3) Out of the total number of seats of councillors in a municipality,
there shall be reserved seats for Scheduled Castes, Scheduled
Tribes, backward classes and women as follows, namely :-

(a) Seats shall be reserved by the State Government for the
F Scheduled Castes and the Scheduled Tribes in every
municipality and the number of seats so reserved shall
bear, as nearly as may be, the same proportion to the total
number of seats to be filled by direct election in that
municipality as the population of the Scheduled Castes in
G that municipal area or of the Scheduled Tribes in that
municipal area bears to the total population of that area
and such seats may be allotted by rotation to different
constituencies in a municipality in the prescribed manner.

(b) One-third of the total number of seats reserved under
H clause (a) shall be reserved for women belonging to the
K.F. GANCHI v. C.D. RAJPUT [VERMA, CJ.) 407
Scheduled Castes or, as the case may be, the Scheduled A
Tribes.

(c) One-tenth of the total number of seats to be filled by
direct election in every municipality shall be reserved for
persons belonging to backward classes and one-third of
the seats so reserved for backward classes shall be B
reserved for women belonging to the backward classes.
Such seats may be allotted by rotation to different
constituencies in the prescribed manner.

(d) One-third (including the number of seats reserved for
women belonging to the Scheduled Castes, the Scheduled C
Tribes and the backward classes) of the total number of
seats to be filled by direct election in every municipality
shall be reserved for women and such seats may be allotted
by rotation to different constituencies in a municipality in
the prescribed manner.

(e) The reservation of seats under clauses (a), (b) and (c)
(other than the reservation for women) shall cease to
have effect on the expiration of the period specified 'in
Article 334 of the Constitution of India.

xxx xxx xxx E
Explanation :- For the purpose of this section :

"Scheduled Castes" means such castes, races or tribes or parts of or
groups within such castes, races or tribes as are deemed to be
Scheduled Castes in relation to the State of Gujarat under Article 341 F
of the Constitution of India.

"Scheduled Tribes" means such tribes or tribal communities or parts
of, or groups within such tribe or tribal communities as are deemed
to be Scheduled Tribes in relation to the State of Gujarat under Article
342 of the Constitution of India; and G
"Backward Classes" means classes declared as Socially and
Educationally Backward Classes by the State Government from time
to time."

Chapter 3 of the Gujarat Municipalities Act contains provision relating H
408 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.

A to Presidents and Councillors of the municipalities. Section 33 of the Gujarat
Municipalities Act provides for the term of office of President and Vice
President and reads as follows :

''Term of Office of President and Vice-President :-

B (l)(a) The term of office of the President shall be for a period of one
year.

(b) Subject to the other provisions of this section, the President shall
be eligible for re-election.

C Provided that the term of office of such President or Vice-President
shall be deemed to extend to and expire with the date on which his
successor is elected.

· (2) If during his term of office under sub-section (I), the President or
Vice-President ceases to be a councillor he shall vacate the office held
D by him.

(3) The office of the President in every municipality shall be reserved
by the State Government for Scheduled Castes, Scheduled Tribes,
backward classes and women in the prescribed manner. Such
reservation shall be made as nearly as may be in the same proportion
E as is made under sub-section (3) of Section 6 in their favour in the
total number of seats to be filled in by direct election.

(4) On the expiry of the term of the office of the councillors of the
Municipality, the current administrative duties of the office of the
President and of the Vice President of the Municipality shall be carried
F ori by such officer of the State Government as it may by order specify
in that behalf, until such time as a new President, Vice-President shall
have been elected and have taken over the charge of their duties."

It is in order to give effect to the provisions of Article 243-T that the
State Government, in exercise of the rule making powers conferred on it by
G Section 277 read with aforesaid sub-section (3) of Section 33 of the Gujarat
Municipalities Act, 1963, framed the Gujarat Municipalities (Reservation of
Scheduled Castes, Scheduled Tribes, Backward Class and women for office
of President) Rules, 1994. Rules 2 and 3, which are relevant in the present
case, are as follows :

H ''2. Reservation in favour of Scheduled Castes, Scheduled Tribes,
K.F. GANCHI v. C.D. RAJPUT [VERMA, CJ.] 409
Backward Classes and Women :- A
The office of the President of a Municipality shall be reserved in
favour of Scheduled Castes, Scheduled Tribes, Backward Classes and
Women in accordance with the roster shown in Schedule.

3. Reservation to continue for casual vacancies :- B
If any election is to be held for filling up a casual vacancy that has
ariseA in the office of the President, the reservation, if any, applicable
for the office of the previous President (whose term has not been
completed) shall continue for such election."

The Schedule to the Rules, envisaged by Rule 5, contains the roster and C
indicates in what manner the post of the President of the Municipality is to
rotate amongst different categories of Councillor.s, nantely, Scheduled Castes,
Backward Class, women and general. In respect of.Category A municipalities, -
roster point was worked out on the basis of Scheduled Castes- I, Backward
Class-I Women-3 and General-5. On this basis, with regard to the Jambusar D
Municipality, with which we are concerned in the present case, the office of
the President in 1997 was required to be filled by backward class candidate.

The appellant, though belonging to backward class, ha_d been elected
to a ward which was in general category in the general elections held on 28th
December, 1994. Respondent No. I was elected in a by-election held-on 2Sth --E
August, 1995 to one reserved seat for backward class category which had
fallen vacant. As per the roster a person belonging to a backward class was
to hold the office of the President of the Municipality for the term beginning
in 1997. Anticipating that Councillors belonging to the backward classes, who
may have been elected from the seats meant for ger:ieral category, like the
appellant herein, were· also likely to contest in the election for President, F
respondent no. I filed a writ petition in the Gujarat High Court. The claim of
the said respondent no. I was that those backward class members of the
municipalities who had not been elected as members from the seats reserved
in favour of backward classes were not entitled. to contest the election for the
office of President. In other words according to the said respondent it is only G
those backward class candidates who had been elected from the wards which
had been reserved for backward classes who could stand for election for the
post of President in the third year when as per the roster the office of
President had to be filled by a backward class candidate.

The writ petition filed by the said respondent was dismissed but then H
410 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.

A an application for review was filed on the basis that the decision of the single
judge was contrary to the judgement of this Court in the case of Saraswati
Devi v. Shanti Devi, (1997) I SCC 122. The review petition was allowed, the
judgement dismissing the writ petition was recalled and thereafter the writ
petition filed by respondent no. I was allowed holding that the appellant
B herein, who in the meantime had been elected as the President pursuant to
the election which was held, could not have stood for election because he
was not a member of the Municipality from a seat which was reserved in
favour of the backward class as he had been elected to a seat falling in the
general category. The Letters Patent Appeal filed by the appellant was
dismissed. Both the Single Judge as well as the Division Bench decided
C against the appellant in view of the aforesaid decision of this Court in
Saraswati Devi's case.

Mr. Soli J. Sorabjee, learned senior counsel for the appellant, submitted
that the decision in Saraswati Devi's case requires reconsideration in as much
as the said decision runs counter to the provisions of the Constitution and
D the Gujarat Municipalities Act and the Rules framed thereunder. On behalf of
the respondent, however, it was submitted that Saraswati Devi's case correctly
interprets the _relevant provision and there is no reason with the view taken
therein should be departed from.

E Before referring to Saraswati Devi's case, it will be appropriate to
examine the provisions of the Constitution as well as the Act and the Rules
for their true import and effect. As is evident from the provisions quoted
earlier the municipalities are required to be represented by members belonging
to all sections of the society. Keeping in line with the Constitutional mandate
there is now provision for reservation of seats in the municipalities in favour
F of the Scheduled Castes, Scheduled Tribes, Backward Classes and the women.
In addition thereto the post of the President of the Municipality, which has
a tenure of only one year, is to be filled by rotation from amongst the persons
belonging to different classes. Though, the term of office is only for one year
but Section 33 envisages that the President can seek re-election. But this is
G subject to the provisions of sub-section (3) which provides for reservation
of the office of the President to be filled by different categories by rotation.
There is no indication or suggestion in Article 243-T or in the Act that in case
the office of the President is required to be filled by a member who is a
Scheduled Caste, Scheduled Tribe, Backward Class or a woman, then only a
member who has been elected from a reserved seat can stand for election. In
H other words, for the purpose of election to the post of President, the reservation
K.F. GANCHI v. C.D. RAJPUT !VERMA, CJ.] 411
J
which is contemplated by the Act is only to the effect that the person elected A
should belong to the category of Scheduled Caste, Scheduled Tribe, Backward
Class or Woman, as per the roster. Conceivably, as in the present case, an
elected member may fall within two or more categories and, in this way may
be in a position to seek re-election as envisaged by Section 33 of the Gujarat
Municipal Act. If this is not so, and with the category changing every year,
as per the roster, Section 33 will become redundant. The legislative intent, B
therefore, clearly is that one person, whether elected from reserved or general
seat, but who belongs to the category out of which the President is to be
elected, can seek re-election as envisaged by Section 33 of the Act.

The rules framed under the Act also do not contain any provision that C
only members elected to the reserved seats will be eligible to stand for
election of the President when, as per the roster, the office is required to be
filled by a person belonging to a particular category.

By providing for the.. ?ffice of the President to be filled from different
categories of persons by rotation the effect is that, as per the roster point, D
the office of the President is required to be filled from a specified or particular
class, e.g. the Scheduled Caste or Scheduled Tribe or Backward class or
woman, then all other members of the municipality who do not fall under that
category, are all excluded from contesting the election. The eligibility, and the
corresponding exclusion, of others is determined on the basis of the candidate
answering to the description of the category or caste for whom the post is E
reserved as per roster and the not the nature of constituency from which the
person is elected. For example when as per roster the candidate for the
President's post has to be a Scheduled Caste then the Act and the Rules do
not provide that it is only that Scheduled Caste candidate who has been
elected from Scheduled Caste ward who can stand for election and the other F
Scheduled Castes candidates are not eligible even though they were popular
enough to get elected from unreserved wards.

The idea of providing reservation for the benefit of the weake1 sections
of the society· is not only to ensure their participation in the conduct of the
affairs of the municipality but it is also an effort to improve their lot. The G
reservation ensures that the specified minimum number of persons belonging
to that category become members of the municipality. If because of their
.
\
popularity a larger number of Scheduled Castes, Scheduled Tribes, Backward
Classes or women get elected to the municipality than the number ofreserved
seats that would be welcome. When the idea is to promote the weaker
sections of the society, and to improve their lot, 1it would be a contradiction H
412 SUPREME COURT REPORTS [1997) SUPP. 5 S.C.R.

A in terms if members belonging to that section are debarred from standing to
the office of the president because such a candidate is popular enough to get
elected from a general constituency. It is a fundamental principle of democratic
election that a person who is more popular is elected, popularity being
measured by the number of votes which the person gets. The language of
various legal provisions do not in any way suggest, expressly or by necessary
c
B implication, that even though a person who belongs to a reserved category
and is popular enough to get elected from a general constituency should be
barred from contesting the election of the President when that office is to be
filled only by a reserved category person.

In Saraswati Devi's case, the appellant therein belonged to a Scheduled
c Caste category and had been elected as a member of the Loharu Municipality
Committee from the ward reserved for Scheduled Caste woman while the
-
respondent therein, who was also a Scheduled Caste woman, had been elected
as a member of the general category. The office of the President, by virtue
of the rotation, was required to be filled from amongst the members belonging
to Scheduled Caste woman category. Saraswati Devi being the solitary
D
candidate elected from the ward reserved for Scheduled Caste woman was
declared as having been elected unopposed as President. This decision was
challenged by Shanti Devi on the ground that she was also a Scheduled Caste
woman, though elected to a seat reserved for general category and was
entitled to contest the election for the President. The writ petition was allowed
"
·E by the High Court who held that Shanti Devi was also entitled to contest the
election to the post of the President even though she had been elected to
a seat reserved for General category. In allowing the appeal filed by Saraswati
Devi, the court had to construe the provisions of Rule 70(4) of the Haryana
Municipal Election Rules 1978 which, inter alia, provided that offices of the
President in the municipalities shall be filled up from amongst the members
F belonging to the General category, Scheduled Castes, Backward Classes and
women by rotation and that not less than one-third of the total number of
offices of the President in the municipalities shall be reserved for women
including the offices reserved for Scheduled Castes and Backward Classes
women. It also provided that in case the office is required to be filled by
G woman of a reserved category but such women are not available, then the
office of the President shall be filled up from the male member of the said
reserved category. Section 10(5) of the relevant Act provided that the offices
of President in the municipalities shall be filled up from amongst the members .,
belonging to General category, Scheduled Castes, Backward Classes and ·
women by rotation and by lots in ,the manner prescribed. Interpreting these
H provisions it was observed at page 128 as follows :
K.F. GANCHI v. C.D. RA.IPUT [VERMA, CJ.] 413
' ,
"On a combined reading of Article 243 T of the Constitution of India, A
Sections I0(5) and 18 of the Act and sub-rule (4) of Rule 70 of Election
Rules, it becomes clear that Parliament as well as the legislature have
enacted these provisions in order to provide for reservation of office
of the President for members of Scheduled Castes, Scheduled Tribes,
Bac~ward Classes and women in rotation. A bare reading of Section B
10(5) and Rules 70(4) shows that the offices of the Presidents are to
be filled from amongst members belonging to different categories by
rotation and by lots. It is not disputed that the post of President of
Loharu Municipal Committee at the relevant time was reserved for
Scheduled Caste women. So far as the appellant is concerned, she
has been elected from Ward No.5 on a seat reserved for Scheduled C
Caste women. Therefore, in that category she is the sole candidate.
So far as Respondent No: 1 is concerned even though by coincidence
she was not elected on a seat Teserved for Scheduled Caste women,
but on a seat reserved for General category women from Ward No. I I.
It is not in dispute that in that ward there were other contesting
women, not belonging to Scheduled Caste category, but also belonging D
to General category. Therefore, respondent No. I is a member who is
elected on the seat earmarked for General category women; she cannot
be said to be a member elected on a seat reserved for Scheduled Caste
women. In Ward No.5 from where the appellant contested, General
category women could not have contested, and only Scheduled Caste E
- · women could have contested and in that conte\t the ·appellant emerged
a Scheduled Castes an,d not belonging to the category of women to
which Respondent No.I ~dongs. Consequently both of them cannot
be treated to fonil _a Part and parcel of the same category of seats on
which they have got elected. It is true as contended by learned
counsel for Respondent No. I and which contention· has appealed to F
the High Court that Rule 70(4) mandates that the offices of Presidents
of the Municipalities shall be filled up from amongst the members
belonging to the categories concerned mentioned in the Rule. But the
said phraseology doe~ not imply that the members must belong to a
particular caste like Scheduled Castes, Backward Classes etc. because G
the general words "members belonging to" are followed by different
types of classes like General category, category of Scheduled Caste,
category of Backward Classes and category of women as mentioned
in the said Rule. It is obvious that General category has nothing to
do with castes. Similarly Backward Classes having nothing to do with
castes and the category of women is also separately iIJdicated. That H
414 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.

A is also not having any nexus with the castes. When the thrust of the
Rule is that offices of the Presidents in Municipalities must go by
rotation to members belonging to the specified categories, it would
necessarily mean in the context of the parent Article 243-T of the
Constitution of India and Section 10(5) of the Act that the elected
members concerned of the Municipal Committee must have got elected
B on the seats available to General category candidates or Scheduled
Castes category candidates or Backward Classes category candidates
or General women category candidates by rotation. The very concept
of rotation presupposes that for the context of Presidentship once by
rotation a reservation is made for members elected from a particular
C category only those members can contest for Presidentship. As
admittedly the post of President, Loharu Municipality is subjected to
double reservation of being available only to an elected member who
is a Scheduled Caste woman she must have been elected on the
Scheduled Caste seat from the ward reserved for such Scheduled
Caste candidates. As admittedly only three wards, namely, I, 4 and 5
D are reserved for members belonging to Scheduled Castes and even
out of three Wards only Ward No.5 from which the appellant was
elected was reserved for Scheduled Caste women and as President's
post is reserved for being filled up by a member belonging to the.
category of Scheduled Caste women who has been elected on such
E a seat, Respondent l who is elected as a member not on any seat
reserved for Scheduled Caste women but on a seat reserved for
General category of women from Ward No. I I is obviously out of the
arena of contest for the post of Presidentship ofLoharu Municipality."

Neither the provisions of Article 243-T nor of Section I 0(5) of the
F Haryana Act seem to suggest to us that Rule 70(4), which provides that
offices of the President of municipalities must go on rotation to members
belonging to specified categories, must necessarily mean "that the elected
members concerned of the municipal comm\ttee must have got elected to the
seats available to general category candidates or Scheduled Castes category
G candidate or Backward Classes category candidate or General women category
candidates by rotation." There seems to be no warrant for such compart-
mentalisation and nor do the words of the Act or the Rules indicate that the
concept of rotation presupposes that for the contest of President it is to be
from amongst the members elected from a particular category from the seats
reserved for that category. This inference which is sought to be drawn does
H not flow from the plain language of Article 243-T or from the provisions of
K.F. GANCHI v. C.D. RA.IPUT [VERMA, CJ.] 415
the Act or the Rules framed thereunder and it also does not promote the A
object of reservation. The legal provisions provide that office of the President
of the municipality should go by rotation to members belonging to specific
category and no more. These provisions do not provide that. those members,
though falling in the category of Scheduled Castes, Scheduled Tribes, Backward
Classes or women must be only those who have been elected from the seats B
reserved for that category of persons. Reservation is with reference to the
category/caste to which the person belongs and not the nature of constituency
from which he/she was elected.

The Act and the Rules provide for reservation for Scheduled Castes,
Scheduled Tribes, Backward Classes and women. No reservation or C
classification is made ward wise. To put it differently all members of the
Scheduled Castes, for example, will be regarded as belonging to one class
irrespective of the fact whether they had been elected to a reserved seat or
to a general seat. Similar is the position with regard to the backward classes,
Scheduled Tribes and women. The law does not contemplate or provide for
any further sub-classification of the type which has been suggested by the D
respondents. Just as all members of the municipality, irrespective of the fact
whether they had been elected to a reserved seat or not, are eligible for
election to the post of the President when it falls in the general category,
similarly when as per the roster the President is to be one who, say, belongs
to the category of Scheduled Caste then all members of the municipality who E
are Scheduled Caste, irrespective of the seat to which they had been elected,
would be eligible to stand for election. Neither the act nor the rules stipulate
that it is only such a member who has been elected to the reserved seat who
would be eligible to stand for election to the post of President when it is the
tum of that category of candidate to become the President of the municipality.
F
In our opinion, therefore, the conclusion which was arrived at in
Saraswati Devi's case did not flow from the language of the relevant provisions
and, it is not consistent with the concept of reservation. With respect, it does
not lay down the correct law.

From the aforesaid discussion it follows that the appellant who belongs
G
to the Backward Class was eligible to stand for the office of President even
though he had been elected as a member of the municipality not from a
reserved seat but from a general seat. As per the roster it is a Backward Class
member who in the year 1997 is to be the President of the Jambusar
Municipality. The appellant, who admittedly belongs to a Backward Class H
416 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.

A. could not be regarded as being ineligible merely because he had not been
elected to a seat which had been reserved for a Backward Class candidate
Consequently his election as the President, on this ground, could not have
been set aside.

For the aforesaid reasons the judgement of the High Court under appeal
B is set aside as the election of the appellant cannot, on this ground, be held
to be invalid. Consequently, the writ petition filed by respondent no. 1 stands
dismissed. No order as to costs.

By judgment passed today in Civil Appeal No. 8279of1997. [arising out
C ofS.L.P. (Civil) No. 17369of1997), the decision of the High court in Special
C.A. No. 5(545 of 1997 has been set aside. It is, therefore, not necessary to
transfer the Special C.A. No. 5645 of 1997 which has to be decided by the
High Court in accordance with the judgement of this Court.

H.K. Appeal allowed.