NE LEGAL BUREAU
NEW DELHI, FEB 24
Having more than one representation from a Ward in no manner negates the empowerment of weaker sections rather it increases their empowerment, the Supreme Court said Wednesday.
A bench of Justices Ashok Bhushan and R Subhash Reddy also upheld the constitutional validity of certain provisions of the Gujarat Provincial Municipal Corporation Act, 1949 which increased the number of councillors in a ward to four.
The court also said there is no prohibition or limitation in the Constitution prohibiting the State Legislature from making a law providing for the election of more than one member from one territorial constituency, i.e., Ward.
Articles 243R and 243S (Constitution and composition of wards Committees)of the Constitution does not contain any limitation to the effect that there shall be only one member from one Ward, it said.
The apex court said the idea of providing reservation for the benefit of weaker sections of the society is not only to ensure their participation but it is an effort to improve their lot.
The observation came on a plea challenging holding of 2015 local body elections in Gujarat under certain provisions which increased the number of councillors in a ward to four.
The petitions challenged certain provisions of the Gujarat Provincial Municipal Corporation Act, 1949, the Gujarat Local Authorities Laws (Amendment) Act, 2009, and the Bombay Provincial Municipal Corporation Rules.
The reservation ensures that the specified minimum number of persons belonging to that category become members of the municipality, the bench said.
The apex court rejected the submission of senior advocate Kapil Sibal, appearing for one of the petitioners, that having more than one representative from a Ward negates the very concept of empowerment of weaker sections, i.e., women, Scheduled Castes and Scheduled Tribes.
The top court said that the entire purpose and object of reserving seats for weaker sections is to empower the weaker sections, i.e., women, Scheduled Castes, and Scheduled Tribes.
“When there are more numbers reserved for weaker sections their participation in the municipality is bound to increase giving strength to their voice and effective participation which is nothing but the empowerment of weaker sections.
“We are not able to subscribe to the submission of Shri Sibal that when there is only one representation from one Ward only then empowerment of weaker sections can be made,” the bench said.
With Bombay Provincial Municipal Corporations (the delimitation of wards and allocation of reserved seats) Rules, 1994 as amended in 2015 now the voice of weaker sections can be felt from every Ward which enhances of presence and participation of weaker sections and does not, in any manner, negate the empowerment of weaker sections, the bench said.
The petitioners have, among other things, challenged the “one ward, four councillors’ system adopted by the government for urban local bodies. They had earlier moved a plea before the High Court, which dismissed it in July.
