SC-ST Seat Rotation Not Mandatory in Municipal Elections, It Is Government's Prerogative: Court
The High Court Division Bench delivered a major verdict in favor of the government regarding municipal elections. The court stated that rotation of seats for SC and ST is not mandatory. It is the government’s prerogative to decide which ward to reserve.
Earlier, a Single Bench had ordered that SC-ST seats should be rotated based on ward population. Otherwise, how would other communities get representation? The government challenged this decision. The hearing was conducted by Justices Vivek Russia and Binod Kumar Dwivedi.
Case Details
Advocate Vibhor Khandelwal argued on behalf of the petitioner that before the Indore Municipal Corporation elections, ward reservations were made with 13 SC and 3 ST wards reserved as before, without any changes. This, they argued, violated the 1994 Reservation Rules and Article 243T of the Constitution.
Population Will Decide Ward Reservation
Reservation for SC-ST is mandatory, but deciding which ward to reserve is the government’s authority. After population scrutiny in each election, it will be decided which ward is reserved. Therefore, it is incorrect to assume rotation must happen every time.
Rotation can be applied in OBC seat reservations.