MP High Court Issues Notice On Plea Against Continuous Reservation To SC Community For Municipal Council President Post Since 1999
The Madhya Pradesh High Court recently issued notice on a petition challenging the continuous reservation granted to Scheduled Caste (SC) category for election to the post of President of Banmor Nagar Parishad since 1999.The plea states that Banmor was declared a Nagar Parishad in 1999, and the first election for the post of President and ward members was conducted the same year. From...
The Madhya Pradesh High Court recently issued notice on a petition challenging the continuous reservation granted to Scheduled Caste (SC) category for election to the post of President of Banmor Nagar Parishad since 1999.
The plea states that Banmor was declared a Nagar Parishad in 1999, and the first election for the post of President and ward members was conducted the same year. From its inception, the President's seat had been reserved for the SC category despite multiple election cycles; the seat had never been rotated to any other category. Notifications were issued from 1999 onwards, consistently reserving the post for SC Candidates.
The petition states that despite Section 29(B) of the Madhya Pradesh Municipalities Act, 1961, mandating proportionate reservation for Scheduled Casts, Scheduled Tribes and Other Backwards Classes in the offices of Presidents of Municipal Councils and Nagar Parishads, the same has not been followed in Banmor.
The bench Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf issued notices to the State, the Chief Election of Officer for the State, the Commissioner of Urban Administration Department and the concerned Collector and Nagar Parishad.
The plea referred to Rule 6 of the Madhya Pradesh Municipalities (Reservation of office of Mayor & President) Rules, 1999 that, 'prescribes for procedure of subsequent reservation of seats. As per Rule 6, the reservation shall be made by rotation system with no repetition of previously reserved seats'.
Additionally, the petition referred to Article 243T of the Constitution, which provides for reservation by way of rotation 'in order to achieve the object of having an egalitarian society'. It was argued that the same constitutional concept of reservation was also included in the provision of the 1999 Rules.
Despite these provisions, the petition stated that the State Government has continued to reserve the Banmor Nagar Parishad President's seat exclusively for the SC category. The petition also referred to a representation filed before the competent authorities seeking strict compliance with the principle of ratione, but no action was taken.
The petition thus prayed that directions be issued to the appropriate authorities to notify 'the seat of election of President for Nagar Parishad, Banmor District- Morena for reservation after applying the procedure of rotation, at the time of issuance of notification of election by the Respondent authority".
The matter will be listed after four weeks.
Case Title: Mahaveer Jain v State of Madhya Pradesh (WRIT PETITION 14534/2025)
For Petitioner: Advocates Akshar Deep and Ayush Chourasia
For State: Government Advocate Anubhav Jain
For Chief Election Officer: Advocate Siddharth Seth
For Nagar Parishad: Advocate Ujjwal Sharma