[Cites 53, Cited by 0]
Jharkhand High Court
Santanu Kumar Chandra vs The State Of Jharkhand on 27 January, 2026
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C). No. 7296 of 2025
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Santanu Kumar Chandra, Aged about 45 Years S/o Late
Baleshwar Ram, R/o-Shankar Bhawan, Shivam Colony,
Opposite Royal Enfield Showroom, P.O.-K.G. Ashram, P.S.-
Saraidhela, District- Dhanbad, Jharkhand-828109.
... ... Petitioner
Versus
1.The State of Jharkhand.
2.Chief Secretary, Government of Jharkhand, office situated
at Project Building, Dhurwa, Ranchi, P.O. + P.S.-Dhurwa,
District- Ranchi, Jharkhand.
3.Principal Secretary, Department of Urban Development and
Housing, Government of Jharkhand, office situated at Project
Building, Dhurwa, Ranchi, P.O. + P.S.-Dhurwa, District-
Ranchi, Jharkhand.
4.The Secretary, Department of Personal and Administrative
and Raj Bhasa, Govt. of Jharkhand, office situated at Project
Building, Dhurwa, Ranchi, P.O. + P.S.-Dhurwa, District-
Ranchi, Jharkhand.
5.The Chief Election Commissioner, State Election
Commission, Jharkhand, office situated at Nirvachan
Bhavan, New Market Chowk, Ratu Road, P.O. Hehal P.S.-
Sukhdeonagar, District Ranchi, Jharkhand-834001.
6.The Secretary, State Election Commission, Jharkhand,
office situated at Nirvachan Bhavan, New Market Chowk,
Ratu Road, P. O. - Hehal P.S.- Sukhdeonagar, Dist. Ranchi,
Jharkhand-834001.. ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mr. Binod Singh, Advocate
For the State : Mr. Rajiv Ranjan, Advocate General
For the State Election Commission:
Mr. Sumeet Gadodia, Advocate
Ms. Shruti Shekhar, Advocate
Ms. Nidhi Lall, Advocate
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CAV on 14/01/2026 Pronounced on 27/ 01/2026
Per Sujit Narayan Prasad, J:
1. The instant Interlocutory Application has been filed by
one Irshad Ahmad, to intervene in this writ petition for
adjudication of the matter of reservation in Mayor/Chairman
Post in Giridih Municipal Corporation.
2. It is stated that intervener-petitioner belongs to [Other
Backward Class] OBC category living in the township of
Giridih where population of OBC Category is larger than
another category i.e., 65.24% as per census of 2011. It is
further stated that earlier, prior to 2016, Giridih Township
was in „Municipality Area‟ and now it became „Municipal
Corporation‟ where the post of Mayor/Chairman was reserved
for the SC Category and again reserved for the same which is
contrary to the law that the post of Mayor/Chairman should
be rotational.
3. It is further stated that as per the notification dated
16.10.2025 the Mayor post of Giridih Municipal Corporation
is reserved for SC Category which is contrary to the
Jharkhand Municipal Act, 2011 (herein after referred to as
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„Rule 2012‟) and for this issue one writ petition i.e. W.P. (C)
No. 324 of 2018 (Md. Anwar Ali vs. State of Jharkhand and
others) was filed wherein it is specifically mentioned that the
post of Mayor will be rotational.
4. It is further stated that the intervener-petitioner is bona
fide resident of Giridih and claiming himself as an OBC
Category whose population is larger than all other category,
and the seat of Mayor was reserved for SC Category in the
election of 2016 and again reserved for SC Category, which is
against the principles of natural justice.
5. On the aforesaid backdrop, prayer has been made to
allow the instant interlocutory application filed for
intervention in writ petition making the intervener a
necessary party so that interest of the intervener be saved.
6. Learned counsel appearing for the respondents did not
raise objection so far prayer for intervention in the instant
writ petition is concerned so that the issue be set at rest.
However, he has opposed to the contentions made by learned
counsel for the intervener-petitioner on the merit of the
matter.
7. In view of the submissions advanced by learned counsel
for the parties, the instant intervention application being I.A.
No.474 of 2026 is hereby allowed only to the extent that
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intervener will be treated as necessary party to the present
lis.
Prayer in W.P. (C) No.7296 of 2025
8. The instant writ petition has been filed under Article
226 of the Constitution of India for the following reliefs:
"I.Issue a writ in the nature of Mandamus or any other
appropriate writ, order or direction, commanding the
Respondent-Authorities, particularly the Department of Urban
Development and Housing, Government of Jharkhand, and
the State Election Commission, Jharkhand, to reserve the
post of Mayor, Dhanbad Municipal Corporation, for the
Scheduled Caste category in the forthcoming Urban Local
Bodies elections, in strict compliance with: the amended
provisions of Section 27 of the Jharkhand Municipal Act,
2011, as substituted by the Jharkhand Municipal
(Amendment) Act, 2022; and the population-based
reservation policy notified vide Notification No. 3416 dated
16.10.2025, which mandates reservation of the offices of
Mayor/Chairperson strictly in descending order of the
population of the respective reserved categories.
II. Declare and hold that the classification of Municipal
Corporations into Group-A and Group-B, for the purpose of
determining reservation of Mayor's offices, is arbitrary,
unconstitutional, and ultra vires Article 243-Q of the
Constitution of India, which recognizes only three categories
of municipalities and does not permit further sub-
classification.
III. Declare and hold that the continuation of Dhanbad
Municipal Corporation under the General Category, despite
having the highest Scheduled Caste population (1,99,509 as
per Census 2011), is illegal, arbitrary, mala fide, and
violative of Articles 14, 15(4), 16(4), and 243-T of the
Constitution of India, and consequently quash the impugned
reservation determination/notification to the extent it
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classifies Dhanbad Municipal Corporation as "General
Category".
IV. Direct the Respondent-Authorities to re-determine the
reservation matrix for all Municipal Corporations in the State
of Jharkhand strictly in accordance with the descending
order of Scheduled Caste, Scheduled Tribe, Backward Class
and Women population, ensuring that Dhanbad Municipal
Corporation is assigned the Scheduled Caste category in the
present rotation cycle.
V. Issue a writ in the nature of Certiorari, quashing or setting
aside any decision, communication, or notification whereby
the post of Mayor, Dhanbad Municipal Corporation, has been
kept under the General Category, being contrary to the
statutory mandate and constitutional policy of social justice
and inclusive governance.
VI. Issue a further writ, order or direction, commanding the
Respondent-Authorities to consider and decide forthwith the
detailed representations dated 18.10.2025 and subsequent
representations of the Petitioner by passing a reasoned and
speaking order within a time-bound frame, ensuring that the
election process adheres to the principles of fair
representation.
VII. Hold and declare that the denial of Scheduled Caste
reservation to Dhanbad Municipal Corporation amounts to
hostile discrimination and deprivation of political opportunity,
and direct the Respondents to ensure rotational justice and
equal opportunity of political participation for all reserved
categories in Urban Local Bodies across the State.
VIII. Grant such other and further reliefs as may be deemed
just, equitable, and proper in the facts and circumstances of
the case, including any consequential directions to secure the
constitutional guarantees of equality, representation, and
social justice enshrined under Part IX-A of the Constitution of
India."
9. It is worthwhile to mention herein that during pendency
of the instant writ petition one Interlocutory Application being
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I.A. No. 345 of 2026 has been filed for certain reliefs. For the
ready reference the prayers made in the said Interlocutory
Application is quoted as under:
10. The instant Interlocutory Application has been filed for
the following reliefs:
"I. For quashing and setting aside the Notification No. 07
dated 08.01.2026 (Annexure-1 Series, Page No. 18-22)and
Notification No. 08 dated 08.01.2026 (Annexure-1 Series,
Page No.-18-22 ), published in the Jharkhand Gazette dated
09.01.2026, whereby the Nine Municipal Corporations of
Jharkhand have been sub-categorized into "Varg Ka" and
"Varg Kha", placing Ranchi and Dhanbad Municipal
Corporations in "Varg Ka" and categorizing Dhanbad
Municipal Corporation as Unreserved, despite DMC having
the highest Scheduled Caste population in the State, and
placing the remaining Seven Municipal Corporations in "Varg
Kha" for the forthcoming Urban Local Bodies Elections, 2026,
which (a) lacks any legislative sanction, (b) is ultra vires
Section 27 of the Jharkhand Municipal Act, 2011 (as
amended in 2022), (c) violates the population-descending
mandate for reservation, and (d) is ex facie arbitrary,
discriminatory and violative of Articles 14, 15(4), 16(4), 243-
Q and 243-T of the Constitution of India.
II. For declaration that creation of application of "varg ka"
and "varg kha" is unconstitutional, non est and ultra vires to
Article 243Q and 243T of the Constitutional as well as 23
and 27 of the parent Act.
III. For issuance of direction to the Respondents to re-notify
the reservation of Dhanbad Municipal Corporation strictly in
accordance with Section 27(2) of the Jharkhand Municipal
Act, 2011 (as amended), and population-descending
principle.
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IV. For stay of the operation, implementation and effect of the
impugned Notification No.-7 dated 08.01.2026, during the
pendency of the present Writ Petition;"
Factual Matrix:
11. The brief facts of the case, as per the pleadings made in
the writ petition as also in the Interlocutory Application(s),
which are necessary for adjudication of lis, reads as under:
12. The Dhanbad Municipal Corporation was formed as per
notification dated 01.02.2006 by combining Urban
settlements (32 towns) and 258 villages. The urban
settlements consisted of erstwhile Dhanbad Municipality,
Jharia NAC, Sindri NAC, Chhatandh NAC, Katras NAC.
13. As per 2011 Census, the total population of Dhanbad
Municipal Corporation was 11,96,214 out of which, the
population of Scheduled Caste is 1,99,509. The said
population of Scheduled Caste is stated to be maximum
among all the Municipal Corporation in Jharkhand including
all the Municipality and Nagar Panchayat and therefore, it is
alleged that in view of the policy decision of the Govt. of
Jharkhand, the post of Mayor, Dhanbad Municipal
Corporation shall be reserved for Scheduled Caste candidates
only.
14. It is further stated that as per the policy decision, the
seats of Mayor in the Municipal Corporation shall be reserved
as per the Descending Order of the population of Scheduled
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Caste among all the Municipal Corporation in Jharkhand,
including Ranchi and Dhanbad Municipal Corporation.
Therefore, the post of Mayor shall be reserved for the
Scheduled Caste only and in the upcoming election of
Dhanbad Municipal Corporation firstly, then in any other
Municipal Corporation of Jharkhand.
15. It is contended that there are only three categories of
Municipalities under part IX A, particularly under Article
243Q of the Constitution of India and there cannot be sub-
category within category. Therefore, the categorisation made
by the respondents-Municipal Corporations of Jharkhand, in
two categories i.e. "varg-ka" (Ranchi and Dhanbad) and the
"varg-kha", rest of the Municipal Corporations, is totally
unknown to the constitutional scheme and further the
division of Municipal Corporations in two sub-categories is
not permissible and violative of Article 243Q of the
Constitution of India.
16. It has been pointed out that after existence of Dhanbad
Municipal Corporation on 01-02-2006, multiple elections of
Dhanbad Municipal Corporation have taken place. But, the
post of Mayor has never been reserved for the Scheduled
Caste till date. The last election of Dhanbad Municipal
Corporation, the post of Mayor was reserved for Backward
Class and, therefore, considering the aforesaid fact as well,
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the post of Dhanbad Municipal Corporation is required to be
reserved for the Scheduled Caste in the upcoming election of
Dhanbad Municipal Corporation including other local urban
local body election.
17. It has been pointed out that following the policy of
maximum population of Scheduled Tribe (ST), the post of
Mayor of Ranchi Municipal Corporation is reserved for
Scheduled Tribe. It is relevant to point out that the post of
Mayor of Ranchi Municipal Corporation is reserved for
Scheduled Tribe since 2006 irrespective of changing policy of
the Government of Jharkhand regarding reservation.
18. It has been contended that as per Article 243 T (4) of the
Constitution of India, the Offices of the Chairpersons in the
Municipalities shall be reserved for the SC/ST and Women in
such manner as the legislature of the State may, by law
provide. The State of Jharkhand by virtue of Section 27 of the
Jharkhand Municipal Act, 2011 [Act, 2011], the 50% of the
total offices of Mayor and Chairpersons as the case may be in
the State of Jharkhand shall be reserved for the SC, ST,
Backward Classes and Women following the rotation policy.
But, even during the enforcement of said policy, the post of
Mayor of Dhanbad Municipal Corporation has never been
reserved for Scheduled Caste.
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19. It is stated that the State legislature has introduced the
amendment in Section 27 of Jharkhand Municipal Act, 2011,
by Amendment Act, 2022, whereby, the „rotation policy' of
reservation of seats of Mayors and Chairpersons has been
changed and now the seats of Mayor is to be reserved
following the maximum number of populations of the
particular community of reserved categories in descending
order.
20. It is the case of the petitioner that in the Dhanbad
Municipal Corporation, as per the census of 2011, the total
population of Scheduled Caste is 1,99,509, which is
maximum among all the municipal corporation and
municipalities of Jharkhand and accordingly, the post of
Mayor of Dhanbad Municipal Corporation in upcoming Urban
Local Bodies election is required to be reserved for Scheduled
Caste only.
21. So far as the Giridih Municipal Corporation is
concerned, the post of Mayor was reserved in the last election
for the Scheduled Caste Candidate and in the upcoming
election again the post of Mayor of Giridih Municipal
Corporation is being reserved for Scheduled Caste, whereas,
the population of Scheduled Caste in Giridih Municipal
Corporation is 26,102. Now, the Scheduled Caste under the
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Giridih Municipal Corporation has given the opportunity to
represent as Mayor in continuity twice.
22. It has been stated that reservation is being provided for
the post of Mayor as per the descending order of the
population in the upcoming Municipal Corporation election
and therefore, in view of the fact that the maximum number
of Scheduled Caste population is residing in Dhanbad
Municipal Corporation, following the present policy of the
government as contained in Notification No.-3416, dated
16.10.2025, the post of Mayor in Dhanbad Municipal
Corporation be directed to be reserved for Scheduled Caste
Candidate only keeping the facts in consideration that
upcoming election of Urban Local Bodies is taking place so
far, providing the reservation to the reserved categories
including ST, SC, Backward Class and Women as per the
census of 2011.
23. The Notification No.-3416, dated 16.10.2025 has been
published in Jharkhand Gazette vide Gazette No.-483, dated
29.10.2025, as per which, the Municipal Corporations which
are total 9 in numbers has been sub categorized into two
categories, i.e. "Varga-Ka" in which Ranchi and Dhanbad
Municipal Corporation has been kept and in "Varg-Kha" rest
of the seven Municipal Corporations has been kept. The said
Division of the Municipal Corporations, in two groups, is
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alleged to be beyond the power of the Respondents as the
said division is ultra vires to Article 243Q of the Constitution
of India.
24. It is stated that on simple perusal of the provision, as
enshrined under Article 243Q of the Constitution of India, it
is apparent that the Urban Local Bodies has been divided
into three categories, i.e. (a).Nagar Panchayat for a
transitional area, (b).Municipal Council for a smaller urban
Area and (c).Municipal Corporation for a larger urban area.
By the impugned part of the Notification No.-3416, dated
16.10.2025, there is sub-category at Clause 6. The Ranchi
and Dhanbad Municipal Corporations has been listed in
Group A and in Group B sub-category rest of the seven
Municipal Corporations has been listed, which is not
permissible under the constitutional scheme.
25. Aggrieved thereof, the Petitioner herein made detailed
representation dated 18.10.2025 before the Respondent No.-
3, but no heed is said to be paid therefore, the petitioner has
approached this Court by filing the instant writ petition.
26. During pendency of the instant writ petition, the
respondents have issued Notification No. 07 dated
08.01.2026 (Annexure-1 Series, Page No. 18-22) and
Notification No. 08 dated 08.01.2026 (Annexure-1 Series,
Page No.18-22), published in the Jharkhand Gazette dated
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09.01.2026, whereby the Nine Municipal Corporations of
Jharkhand have been sub-categorized into "Varg Ka" and
"Varg Kha", placing Ranchi and Dhanbad Municipal
Corporations in "Varg Ka" and categorizing Dhanbad
Municipal Corporation as Unreserved, which has been
challenged by the writ petitioners by filing I.A. No. 345 of
2026 stating that despite Dhanbad Municipal Corporation is
having the highest Scheduled Caste population in the State,
and placing the remaining Seven Municipal Corporations in
"Varg Kha" for the forthcoming Urban Local Bodies Elections,
2026, which according to the writ petitoner lacks any
legislative sanction; is ultra vires Section 27 of the
Jharkhand Municipal Act, 2011 (as amended in 2022);
violates the population-descending mandate for reservation;
and is ex facie arbitrary, discriminatory and violative of
Articles 14, 15(4), 16(4), 243-Q and 243-T of the Constitution
of India.
27. Therefore, prayer has been made to declare that creation
of application of "varg ka" and "varg kha" is unconstitutional,
non est and ultra vires to Article 243Q and 243T of the
Constitution of India as well as Sections 23 and 27 of the Act
2011; and sought for direction upon the Respondents to re-
notify the reservation of Dhanbad Municipal Corporation
strictly in accordance with Section 27(2) of the Jharkhand
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Municipal Act, 2011 (as amended), and population-
descending principle.
28. Counter affidavit has been filed on behalf of the
respondents-State and respondents-Election Commission
denying the claim of the petitioner.
Argument on behalf of the petitioner:
29. Mr. Binod Singh, learned counsel for the petitioner has
submitted that it is a fit case to direct the respondents-
authorities in particular, the Department of Urban
Development and Housing, Government of Jharkhand; and
the State Election Commission to reserve the post of Mayor,
Dhanbad Municipal Corporation for the Scheduled Case (SC)
category in the forthcoming Urban Local Bodies elections.
30. Submission has been made that action of the
respondents-authorities in continuing the post of Mayor,
Dhanbad Municipal Corporation, under the General
Category, despite the highest Scheduled Caste population is
arbitrary, unreasonable and violative of Article 14 and Article
243 T of the Constitution of India.
31. Further submission has been made that the impugned
action of the respondents is ultra vires under Section 27 of
the Jharkhand Municipal Act, 2011 [as amended by the 2022
Amendment Act), which expressly mandates reservation
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based on descending order of population of the respective
reserved categories.
32. It has been contended that the classification of
Municipal Corporations into "varg ka" and "varg kha" has no
statutory backing and is contrary to the legislature intent.
The continuing exclusion of Dhanbad Municipal Corporation
from SC reservation, despite highest SC Population, amounts
to constitutional wrong, offending the equality code under
Articles 14, 15(4) and 243-T (4) of the Constitution.
33. It has further been contended that the petitioner and
the Scheduled Caste community of Dhanbad Municipal
Corporation have a legitimate expectation that reservation
would be determined strictly as per the population-based
policy notified vide notification No. 3416 dated 16.10.2025.
34. The act of classifying Municipal Corporations into
Group-A and Group B category, despite the constitutional
recognition of only three categories of Municipalities under
Article 243 -Q, amounts to colourable exercise of power and
malicious administration classification, intended to deprive
Dhanbad‟s Scheduled Caste community of their rightful
political reservation. The sub-classification being without
legislative sanction is ultra vires to the Constitution.
35. Further, the respondent‟s arbitrary omission to reserve
the post of Mayor for the SC Category, despite the statutory
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mandate and population rate, strikes the root of the
democratic and social justice components of the basic
structure of the Constitution.
36. It has been submitted that Giridih Municipal
Corporation has been reserved twice consecutively for the SC
category while the Dhanbad Municipal Corporation has never
been reserved which shows the arbitrariness and hostile
discrimination and violative of Article 14, 15(4) and 16(4) of
the Constitution.
37. It has further been contended that the State Election
Commission, being the constitutional body under Article 243-
ZA, is bound to act independently and ensure conduct of fair
elections in conformity with the constitutional and statutory
mandate and herein failure to apply population-based
rotation policy in the reservation matrix amounts to
abdication of constitutional responsibility and renders the
entire preparatory process null and void.
38. By referring to Annexure -8 appended to the
supplementary affidavit it has been submitted that the
legislative debates on 22.11.2022 record the legislature‟s
intention to adopt a population-descending objective formula
for reservation and since inception of the Dhanbad Municipal
Corporation even though the SC population is highest the
reservation for SC category has not been extended to.
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39. Even Notification No. 3416 dated 16.10.2025 issued by
the respondents prescribes reservation in descending order of
population but the respondents have classified Municipal
Corporations into two categories i.e., "varg ka" and "varg kha"
and treated the Dhanbad Municipal Corporation as
„General/Unreserved‟ for the present cycle. It has been
submitted that the executive instruction cannot over-ride,
amend, dilute or circumvent statutory provisions.
40. During pendency of the writ petition, the Election
Commission has issued Notification No. 7 dated 08.01.2026
published in the Extra Ordinary Jharkhand Gazette dated
09.01.2026 whereby the Dhanbad Municipal Corporation has
been categorized as unreserved (varg „Ka‟) for the forthcoming
Urban Local Bodies Election, 2026, which has been
challenged by the writ petitioner by filing Interlocutory
Application No.345 of 2026.
41. Submission has been made that Notification No. 7 dated
08.01.2026 is not an independent action, but, a direct sequel
and implementation of the impugned State Notification No.
3416 dated 16.10.2025.
42. Submission has been made that out of Nine Municipal
Corporations of Jharkhand, Seven Municipal Corporations
has been kept in "varg kha" in pursuance to Notification No.-
3416, dated 16.10.2025, by the State Election Commission
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vide its Notification dated 08.01.2026, published in
Jharkhand Gazette dated 09.01.2026.
43. Further submission has been made that the Article 243
T of the Constitution permits reservation of the offices of
Mayor strictly in the manner prescribed by the law and does
not authorize creation of new Class or Sub-Class of Municipal
Corporation. Section 27(2) of Jharkhand Municipal Act, 2011
as amended in 2022 mandates population-based reservation
leaving no discretion, exception or administrative flexibility,
therefore, the impugned classification of Dhanbad Municipal
Corporation as unreserved "varg "ka" is ex-facie ultra vires,
arbitrary and de hors both the Constitutional and Statutory
mandates.
44. It has further been contended that neither Article 243Q
nor the 74th Constitutional amendment authorises creation of
any fourth category, sub-classification within Municipal
Corporation or altering categories for reservation purposes
and the enabling power under Article 243T empowers the
legislatures to prescribe the manner of reservation of
Mayor/Chairpersons. It does not authorize creation of new
class of Municipalities, therefore, any attempt to create varg
"ka" and varg "kha" Municipal Corporation is ultra vires to
the mandate of Indian constitution.
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45. Submission has been made that amendment to Section
27 (2) of the Act, 2011 is a complete shift from rotation to
population-based reservation. The 2022 Amendment under
the Act, 2011 to Section 27(2) of the Act, 2011 removed the
earlier rotation policy and mandated reservation for
SC/ST/OBC strictly according to descending order of
population but the Respondent State has illegally invented a
Fourth Category by administratively dividing Municipal
corporations into „varg ka‟ and „varg kha‟ and the said
exercise is unknown to the Constitution of India and parent
Statute.
Submission made by learned counsel for the respondents-
State:
46. Learned counsel for the respondents-State has
submitted that the district-wise allotment list for the elections
of Mukhiya of Gram Panchayat in the State of Jharkhand for
the year 2022 was challenged by filing writ petition being
W.P.(C) No. 239 of 2022 which was disposed of vide order
dated 04.05.2022 holding that State of Jharkhand shall
conduct „future‟ election i.e., subsequent local body elections
to be held after then ongoing panchayat election.
47. Further submission has been made that the State of
Jharkhand issued Memo No. 3615 dated 17.10.2022
pursuant to Cabinet decision taken on 10.10.2022 wherein
pursuant to judgment rendered in Special Leave to Appeal(C)
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19756/2021 [Rahul Ramesh Bagh Vs. State of Maharashtra &
Ors.], it was decided to treat Backward Class as unreserved
category.
48. The Contempt Petition (Civil) No. 705 of 2022 was filed,
which was dropped vide order dated 13.02.2023 on the
undertaking given by the then Chief Secretary, State of
Jharkhand in his show cause reply stating therein that the
Municipal Elections in the State shall be held in the light of
orders of the Hon‟ble Supreme Court in K. Krishna Murthy
& Ors Vs. Union of India & Anr., (2010) 7 SCC 202 and
other judgments. Thereafter, the State in accordance with the
said undertaking took decision to withdraw the notification
dated 17.10.2022 in its meeting dated 15.03.2023. In
continuation of the decisions taken to implement the
undertaking given before the Hon‟ble Supreme Court in
Contempt Petition (Civil) No. 705 of 2022, decision was taken
in the meeting held on 26.06.2023 to notify the State
Commission for Backward Classes to act as "Dedicated
Commission" as envisaged in W.P.(C) No. 980 of 2019
[Bikash Krishnarao Gawali Vs. State of Maharashtra] by
the Hon‟ble Supreme Court to complete the triple test process
and the same has been notified vide Memo No. 2508 dated
04.07.2023.
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49. Therefore, submission has been made that State of
Jharkhand vide notification no. 3416 dated 16.10.2025, in
view of undertaking given before the Hon‟ble Supreme Court,
and on recommendation of the Dedicated Commission for
Backward Class has amended the Jharkhand Municipal
Election and Election Petition Rule, 2012 (as amended time to
time, herein referred as Rule 2012), as per the
recommendation so that the observation and direction of the
Hon‟ble Supreme Court can be complied with.
50. It has further been contended that the State
Government on recommendation of the Dedicated
Commission for Backward Class and further as per the ratio
laid by the Hon‟ble Apex Court in the case of Bikash
Krishnarao Gawali Vs. State of Maharashtra (supra) has
amended Rule 2012 in particular Rule 3(1)(ग)(iii), Rule 5 and
Rule 6 and accordingly classification has been made among
the Municipal Corporations as „varg ka" and "varg kha".
51. Learned State Counsel has submitted that classification
of Municipal Corporation into Varg "Ka" and "Varg Kha", for
the purpose of determining reservation of Mayor‟s offices is in
accordance with the provision of Constitution of India, as the
State is obligated to distinguish between Million plus
Municipal Corporations and other Municipal Corporation and
as a matter of fact, Ranchi and Dhanbad are the only two
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Million plus Municipal Corporation thus constitute a different
category and the same has been done on recommendation of
the Dedicated Commission for Backward Class and by virtue
of notification no. 3416 dated 18.10.2025, as such the
contention of the learned counsel for the petitioner is not fit
to be accepted.
Submission on behalf of respondent-State Election
Commission:
52. Learned counsel for the respondent-Election
Commission has submitted that in view of provision of law as
under Article 243 Q, the State Government has constituted
the Municipalities and notified it vide Notification No. 3416
dated 16.10.2025. Further, as per Article 243T(4), the State
Government is fully empowered to make rules for reservation
and notify it accordingly for the office of the Chairperson.
53. So far classification of the Municipalities is concerned,
submission has been made that it has been done by the State
in accordance with the law as provided under Rule 3 of the
Rule 2012 and the State Election Commission is empowered
to reserve and notify the office of the Chairperson of the
Municipalities in accordance with law as provided under Rule
6 of the Rule, 2012, therefore, no error has been committed
on behalf of the respondent while issuing the notification
no.7 dated 08.01.2026.
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54. It has further been contended that the State Election
Commission in light of conferment of the power under Section
27 of the Act 2011 and further under the purview of Rule 9
sub-clause (2) of the Rule 2012 has issued the notification
dated 08.01.2026, therefore the issuance of said notification
dated 08.01.2026 is not coming under the purview of any
irregularity.
Analysis:
55. We have heard learned counsel for the parties, perused
the pleadings available on record as also the relevant
provisions of law, as involved in the present case.
56. We are conscious that once the process of election has
been commenced by the Election Commission or the Election
Body, the nodal body to conduct the election, the writ court is
not to exercise the jurisdiction but since the legal issues have
been raised herein and as such this Court has exercised the
jurisdiction as conferred under Article 226 of the Constitution
of India and is now proceeding to examine the matter to set
the matter at rest keeping into consideration the fact that the
Municipal election has not been conducted since 2012.
57. In the backdrop of the aforesaid factual aspects as well
as on the basis of the pleadings available on record, following
issues are required to be considered:
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I. Whether the notification dated 08.01.2026, by
which the post of mayor in the Municipal Corporation
of Dhanbad, has been earmarked as „unreserved‟, and
while for the district of Giridih, it has been earmarked
as „reserved‟, based upon the amended provision as
contended under Section 27 of the Jharkhand
Municipal Act, 2011 making the said provision in
consonance with the mandate of the Constitution as
contained under Article 243T of the Constitution by
deleting the word „rotation‟ therefrom, can be said to
suffer from error?
II. Whether the case which has been made out to
earmark the seat of mayor in the district of Dhanbad
for the Scheduled Caste Category candidate can be
said to be have any substance, if the said seat has
been earmarked under „unreserved‟ category based
upon the triple test under which the seats of mayor in
the municipal corporation of the state of Jharkhand
have been reserved on the basis of principle not
exceeding 50% ceiling of reservation for the purpose of
providing proper representation to people of all
category in the urban local body, can be said to suffer
from an error.
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III. Whether the ground which has been raised on
behalf of petitioner based upon the discussions made
by the member of the legislative assembly in the floor
of the assembly on the issue of amendment of Section
27 of the Act, 2011, can the same be said to have any
enforceability in the eye of law?
58. These issues since are inter-linked as such they are
being taken up together.
59. But before answering these issues, the amendment as
has been carried out by way of 74th Constitutional
amendment in the Constitution bringing certain
constitutional provision as under Chapter IX A thereof with
its object and intent and further the relevant provision of the
Jharkhand Municipal Act, 2011(as amended) are being
referred herein.
60. The 73rd and the 74th Constitutional Amendment Acts,
1992 enjoin upon the states to establish a three-tier system
of Panchayats at the village, intermediate and district levels;
and Municipalities in the urban areas respectively. States are
expected to devolve adequate powers, responsibilities and
finances upon these bodies so as to enable them to prepare
plans and implement schemes for economic development and
social justice. These Acts provide a basic framework of
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decentralization of powers and authorities to the Panchayati
Raj/Municipal bodies at different levels.
61. The Statement of Objects and Reasons of the
Constitution (74th Amendment) Act, 1992, briefly outlined the
object and purpose for which the Constitution Amendment
was brought in. It is useful to refer to the Statement of
Objects and Reasons of the Constitution Amendment which
is to the following effect:
"Statement of Objects and Reasons
1. In many States local bodies have become weak and
ineffective on account of a variety of reasons, including the
failure to hold regular elections, prolonged supersession and
inadequate devolution of powers and functions. As a result,
urban local bodies are not able to perform effectively as vibrant
democratic units of self-government.
2. Having regard to these inadequacies, it is considered
necessary that provisions relating to urban local bodies are
incorporated in the Constitution particularly for--
(i) putting on a firmer footing the relationship between the State
Government and the urban local bodies with respect to--
(a) the functions and taxation powers; and
(b) arrangements for revenue sharing;
(ii) ensuring regular conduct of elections;
(iii) ensuring timely elections in the case of supersession; and
(iv) providing adequate representation for the weaker sections
like Scheduled Castes, Scheduled Tribes and women."
62. The further object of introducing Part IX-A was that in
many States the local bodies were not working properly, and
timely elections were not being held and nominated bodies
were continuing for long periods. Elections had been irregular
and many times unnecessarily delayed or postponed.
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63. The Hon‟ble Apex Court while noticing the object and
purpose of the Constitution (74th Amendment) Act, 1992 in
the case of Kishansing Tomar v. Municipal Corpn.,
Ahmedabad, (2006) 8 SCC 352] has observed as under:
"12. It may be noted that Part IX-A was inserted in the
Constitution by virtue of the Constitution (Seventy-fourth)
Amendment Act, 1992. The object of introducing these
provisions was that in many States the local bodies were not
working properly and the timely elections were not being
held and the nominated bodies were continuing for long
periods. Elections had been irregular and many times
unnecessarily delayed or postponed and the elected bodies
had been superseded or suspended without adequate
justification at the whims and fancies of the State
authorities. These views were expressed by the then Minister
of State for Urban Development while introducing the
Constitution Amendment Bill before Parliament and thus the
new provisions were added in the Constitution with a view to
restore the rightful place in political governance for local
bodies. It was considered necessary to provide a
constitutional status to such bodies and to ensure regular
and fair conduct of elections. In the Statement of Objects and
Reasons in the Constitution Amendment Bill relating to urban
local bodies, it was stated...."
64. Further the Hon‟ble Apex Court in the case of NOIDA v.
CIT, (2018) 9 SCC 351 had categorically observed that the
Municipalities are created as vibrant democratic units of self-
government and the duration of Municipality was provided for
five years contemplating regular election for electing
representatives to represent the Municipality.
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65. For ready reference the relevant paragraph of the
aforesaid judgment is being quoted as under:
28. The constitutional provisions as contained in Part IX-A
delineate that the Constitution itself provided for constitution
of Municipalities, duration of Municipalities, powers of
Authorities and responsibilities of the Municipalities. The
Municipalities are created as vibrant democratic units of self-
government. The duration of Municipality was provided for
five years contemplating regular election for electing
representatives to represent the Municipality...."
66. Thus, from the aforesaid discussion, it is evident that
the provisions introduced vide Part IX-A were intended to
restore the local bodies to their rightful place in political
governance. It was considered necessary to provide a
constitutional status to such bodies and to ensure regular
and fair conduct of elections. Part IX-A also provides for
constitution of Municipalities (Article 243-Q), composition of
Municipalities (Article 243-R), reservation of seats (Article
243-T), duration of Municipalities (Article 243-U), powers,
authority and responsibilities of Municipalities (Article 243-
W), powers to impose taxes by, and funds of the
Municipalities (Article 243-X), and audit of accounts of
Municipalities (Article 243-Z). Further, the aforesaid part also
introduces provisions relating to election (Article 243-ZA). For
ready reference the relevant Articles under the part IX-A of
constitution of India are being referred herein which reads as
under:
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243-P. Definitions.--In this Part, unless the context
otherwise requires,--
(a) "Committee" means a Committee constituted under Article
243-S;
(b) "district" means a district in a State;
(c) "Metropolitan area" means an area having a population of
ten lakhs or more, comprised in one or more districts and
consisting of two or more Municipalities or Panchayats or other
contiguous areas, specified by the Governor by public
notification to be a Metropolitan area for the purposes of this
Part;
(d) "Municipal area" means the territorial area of a
Municipality as is notified by the Governor;
(e) "Municipality" means an institution of self-government
constituted under Article 243-Q;
(f) "Panchayat" means a Panchayat constituted under Article
243-B;
(g) "population" means the population as ascertained at the
last preceding census of which the relevant figures have been
published.
243-Q. Constitution of Municipalities.--(1) There shall be
constituted in every State,--
(a) a Nagar Panchayat (by whatever name called) for a
transitional area, that is to say, an area in transition from a
rural area to an urban area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area,
in accordance with the provisions of this Part:
Provided that a Municipality under this clause may not be
constituted in such urban area or part thereof as the Governor
may, having regard to the size of the area and the municipal
services being provided or proposed to be provided by an
industrial establishment in that area and such other factors as
he may deem fit, by public notification, specify to be an
industrial township.
243-T. Reservation of seats.--(1) Seats shall be reserved
for the Scheduled Castes and the Scheduled Tribes in
every Municipality and the number of seats so reserved
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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 the Municipal area or of the Scheduled Tribes
in the Municipal area bears to the total population 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 (1) shall be reserved for women
belonging to the Scheduled Castes or, as the case may
be, the Scheduled Tribes.
(3) Not less than one-third (including the number of
seats reserved for women belonging 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 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.
(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 making any provision for reservation of
seats in any Municipality or offices of Chairpersons in
the Municipalities in favour of backward class of
citizens.
243-U. Duration of Municipalities, etc.--(1) Every
Municipality, unless sooner dissolved under any law for
the time being in force, shall continue for five years
from the date appointed for its first meeting and no
longer:
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Provided that a Municipality shall be given a reasonable
opportunity of being heard before its dissolution.
(2) No amendment of any law for the time being in force shall
have the effect of causing dissolution of a Municipality at any
level, which is functioning immediately before such
amendment, till the expiration of its duration specified in
clause (1).
(3) An election to constitute a Municipality shall be
completed,--
(a) before the expiry of its duration specified in clause
(1);
(b) before the expiration of a period of six months from
the date of its dissolution:
Provided that where the remainder of the period for which the
dissolved Municipality would have continued is less than six
months, it shall not be necessary to hold any election under
this clause for constituting the Municipality for such period.
(4) A Municipality constituted upon the dissolution of a
Municipality before the expiration of its duration shall continue
only for the remainder of the period for which the dissolved
Municipality would have continued under clause (1) had it not
been so dissolved.
243-ZA. Elections to the Municipalities.--(1) The
superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of, all
elections to the Municipalities shall be vested in the
State Election Commission referred to in Article 243-K.
(2) Subject to the provisions of this Constitution, the
Legislature of a State may, by law, make provision with
respect to all matters relating to, or in connection with,
elections to the Municipalities.
243-ZF. Continuance of existing laws and
Municipalities.--Notwithstanding anything in this Part, any
provision of any law relating to Municipalities in force in a
State immediately before the commencement of
the Constitution (Seventy-fourth Amendment) Act, 1992, which
is inconsistent with the provisions of this Part, shall continue
to be in force until amended or repealed by a competent
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Legislature or other competent authority or until the expiration
of one year from such commencement, whichever is earlier:
Provided that all the Municipalities existing immediately before
such commencement shall continue till the expiration of their
duration, unless sooner dissolved by a resolution passed to
that effect by the Legislative Assembly of that State or, in the
case of a State having a Legislative Council, by each House of
the Legislature of that State.
243-ZG. Bar to interference by courts in electoral
matters.--Notwithstanding anything in this Constitution,--
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies,
made or purporting to be made under Article 243-ZA shall not
be called in question in any court;
(b) no election to any Municipality shall be called in question
except by an election petition presented to such authority and
in such manner as is provided for by or under any law made
by the Legislature of a State.]
67. Thus, Part IX-A Article 243-Q of the Constitution
provides for constitution of Municipalities; Article 243-R
provides composition of Municipalities, Article 243-T provides
reservation of seats; Article 243-U provides duration of
Municipalities. Further, the aforesaid part also introduces
provisions relating to election as under Article 243-ZA. The
provisions of Article 243-ZF are pari materia to the provisions
of Article 243-N, insofar as it provides that any provision of a
law relating to Municipalities in a State immediately before
the commencement of the 74th Amendment, which is
inconsistent with the provisions of Part IX-A shall continue to
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be in force until amended, repealed or until expiration of one
year from the date of commencement of the Amending Act.
68. The 74th Constitutional Amendment Act authorized the
State Legislatures to enact laws to endow local bodies with
powers and authority as necessary to enable them to function
as institutions of Self-Government and make provisions for
devolution of powers and responsibilities so as to enable the
local bodies to prepare plans and implement schemes for
economic development and social justice.
69. It is further evident that this Act provides a basic
framework of decentralization of powers and authorities to
the Municipal bodies at different levels. However,
responsibility for giving it a practical shape rests with the
States. States are expected to act in accordance with the
spirit of the Constitution for establishing a strong and viable
system of Local Self-Government.
70. The Hon‟ble Apex Court in the case of Suresh Mahajan
Vs. State of M.P. (2022) 12 SCC 770 has specifically held
that the constitutional mandate is inviolable. Neither the
State Election Commission nor the State Government or the
State Legislature including the court in exercise of power
conferred under Article 142 of the Constitution of India can
countenance dispensation to the contrary. For ready
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reference, paragraph 8 of the aforesaid judgment is quoted as
under:
"8.This constitutional mandate is inviolable. Neither the State
Election Commission nor the State Government of for that
matter the State Legislature, including this Court in exercise
of powers under Article 142 of the Constitution of India can
countenance dispensation to the country."
71. It is, thus, evident that the constitutional mandate as
per insertion in Part IX-A by way of 74th Amendment Act,
1992, the three tier system has been set up with the object
and reasons that in many States local bodies have become
week and ineffective on account of variety of reasons
including failure to held elections, prolonged supersession
and inadequate devolution of powers and functions, as such
in the aforesaid backdrop and the underlying idea that the
local bodies is not working properly, and timely elections were
not being held and nominated bodies were continuing for long
periods, the Constitution has been amended by way of 74th
Amendment Act, 1992.
72. It needs to refer herein that in consonance with the said
74th Amendment Act, due amendment has been brought in
the statute by way of Jharkhand Municipal Act, 2011, which
contains various provisions including Section 16
[Constitution of Council], which says that all the seats
specified in clause 2(a) shall be filled by direct elections and
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for this purpose each municipal area shall be divided into
territorial constituencies referred as Wards.
73. Section 16, Clause 2(a) thereof speaks that in every
council, as nearly as possible but not exceeding fifty percent
of the total seats of elected members shall be reserved for
(i).Scheduled Castes; (ii).Schedules Tribes; (iii).Backward
Classes; and (iv). Women.
74. It is, thus, evident that provision has been carved out by
virtue of Act to provide the benefit of reservation to the
Scheduled Castes; Schedules Tribes; Backward Classes; and
Women. Further in view of aforesaid provision, Section 20
provides as contained in Jharkhand Municipal Act, 2011,
that the term of the councilors will be five years from the date
of first meeting of the municipality under Section 73 or
depending upon the other eventuality as contained under
Condition No. (a) or (b).
75. At this juncture, it would be apt to discuss herein the
core of unamended and amended Section 27 of Act 2011
which is very much relevant for appreciation of issues
involved in the instant case.
76. Unamended Section 27 of the Jharkhand Municipal Act,
2011 primarily deals with the Reservation of offices of Mayor
and Chairperson in Municipal Corporations, Councils, and
Nagar Panchayats, ensuring seats for
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SC/ST/Women/Backward Classes through rotation, for
ready reference the same is being quoted as under:
27.Reservation of office of Mayor and Chairperson (1) The
office of the Mayor and Chairperson in municipalities shall be
reserved in the following manner.
(a) As nearly as but not exceeding fifty percent of the total
offices of Mayor and Chairperson as the case may be in the
State shall be reserved for-
(i) Scheduled Castes,
(ii) Scheduled Tribes,
(iii) Backward Classes, and
(iv) Women;
(b) The number of offices so reserved for Scheduled Castes
and Scheduled Tribes for the offices of Mayor and
Chairperson within the State as the case may be shall bear
as nearly as possible the same proportion of the total number
of offices of Mayor and Chairperson within the State as the
case may be as the population of the Schedule Castes and
Scheduled Tribes bears to the total population of the State;
and such offices shall be allotted by rotation to different
municipalities by the State Election Commission in the
manner prescribed by it;
(c) After reservation of offices for the Scheduled Castes and
the Scheduled Tribes, the number of offices to be reserved for
the Backward Classes for the office of Mayor and
Chairperson within the state as the case may be shall be
such number within the overall limit of fifty percent
reservation for the Scheduled Castes, the Scheduled Tribes
and the Backward Classes in the manner prescribed; and
such offices shall be allotted to the remaining municipalities
by rotation by the State Election Commission in the manner
prescribed by it;
(d) As nearly as possible but not exceeding fifty percent of the
total number of offices reserved under clause (a) shall be
reserved for women belonging to the Scheduled Castes, the
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Scheduled Tribes and Backward Classes, as the case may
be;
(e) As nearly as possible but not exceeding fifty percent of the
total number of the offices not reserved for Scheduled Castes,
Scheduled Tribes and Backward Classes shall be reserved
for women;
(f) Such total number of offices reserved for women belonging
to the Scheduled Castes, the Scheduled Tribes, Backward
Classes, and unreserved category may be allotted by
rotation under the direction, control and supervision of the
State Election Commission to different municipalities in such
manner as may be prescribed by it. Explanation: For the
removal of doubts, it is hereby declared that the principle of
rotation for the purposes of reservation of offices for the
Scheduled Castes and Scheduled Tribes and Backward
Classes and women under this sub-section shall commence
from the first election held after the commencement of this
Act.
(3) The State Government shall undertake a review every ten
years in the matter relating to reservation of offices under
clause (a) of sub-section (2).
(4)The reservation of offices under clause (a) of sub-section
(2) shall cease to have effect on the expiration of the period
specified in Article 334 of the Constitution of India.
77. Section 27 (2)(a) (i) stipulates that not exceeding fifty
percent of the total offices of Mayor and Chairperson as the
case may be in the State shall be reserved for Scheduled
Castes, (ii) Scheduled Tribes, (iii) Backward Classes, and (iv)
Women.
78. Further unamended Section 27 (2) (b) of the Act 2011
stipulates that the number of offices so reserved for
Scheduled Castes and Scheduled Tribes for the offices of
Mayor and Chairperson offices shall be allotted by rotation to
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different municipalities by the State Election Commission in
the manner prescribed by it.
79. It needs to refer herein that an amendment by virtue of
Jharkhand Municipal (Amendment) Act, 2022 was carried out
in the section 27 (2) (b) and Section 27 (2) (c) of the Act, 2011
whereby the word "rotation" has been deleted. Further
amendment was carried out in the explanation part of
Section-27(2) (f) of the Act 2011 whereby the word
groups "The Scheduled Castes and Scheduled Tribes and
Backward Classes" written in Explanation of section-27 (2) (f)
of the Principal Act is deleted. For ready reference the English
version of the said Amendment 2022 is being quoted as
under:
Jharkhand Municipal (Amendment) Act, 2022
[04 of 2023]
[16th February 2023]
An Act to amend the Jharkhand Municipal Act, 2011
Be it enacted by the legislature of the State of Jharkhand in the
Seventy-third year of the Republic of India as follow :-
Section - 1. Short title, extend and commencement
(1) This Act may be called the Jharkhand Municipal
(Amendment) Act, 2022.
(2) It extends to the whole of the State of Jharkhand as
provisioned in Sub Section (2) of Section 1 of Jharkhand
Municipal Act, 2011.
(3) It shall come into force from the date of its issuance
notification.
Section - 2. Amendment in Section - 27 of Jharkhand
Municipal Act, 2011 as follows
(1) In Section 27 (2) (b) of the Principal Act-
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"The word group by rotation written in section-27 (2) (b) of the
Principal Act is hereby deleted."
(2) In Section 27 (2) (c) of the Principal Act-
"The word group by rotation written in section-27 (2) (c) of the
Principal Act is hereby deleted."
(3) In Explanation of Section 27 (2) (f) of the Principal Act-
"The word groups The Scheduled Castes and Scheduled Tribes
and Backward Classes and written in Explanation of section-
27 (2) (f) of the Principal Act is hereby deleted.
80. Thus, from the aforesaid it is evident that by virtue of
the said amendment the word "rotation" has been deleted
from Section 27 (2) (b) and Section 27 (2) (c) of the Act 2011.
81. Reference of Section 590 of the Act, 2011 as under
Chapter 46 is also required to be made herein which confers
power upon the State Government to make out a rule for
carrying out the purposes of this Act, which reads as
hereunder: -
"590. Power to make rules.- (1) The State Government may,
by notification, and subject to the condition of previous
publication, make rules for carrying out the purposes of this
Act.
82. It requires to refer herein that the Government of
Jharkhand has formulated the rules for municipal election
which has been named as "Jharkhand Nagarpalika
Nirwachan Evam Chunav Yachika Niyamawali, 2012"
(hereinafter to be referred to as Rule, 2012).
83. It needs to refer herein that in compliance to the
judgment passed by the Hon‟ble Apex Court in W.P.(C) No.
980 of 2019 [Bikash Krishnarao Gawali Vs. State of
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Maharashtra], the "Dedicated Commission for Backward
Class" was constituted by the State Government to complete
the exercise of "triple test". The said "Dedicated Commission
for Backward Class" has given its recommendation and based
upon the said recommendation the state Government has
issued Notification No.-3416 dated 16.10.2025 which has
been published in Jharkhand Gazette vide Gazette No.-483,
dated 29.10.2025, as per which the Municipal Corporations
which are total 9 in numbers has been sub-categorized into
two categories, i.e. "Varga-Ka" in which Ranchi and Dhanbad
Municipal Corporation has been kept and in "Varg-Kha" rest
of the seven Municipal Corporations has been kept. The
"Dedicated Commission for Backward Class" while making its
recommendation has taken into consideration the
demography of said municipal corporation and distinguish
between Million plus Municipal Corporations and other
Municipal Corporation and since the Dhanbad and Ranchi
Municipal Corporation are having million plus population,
they have been placed in "varg ka" and rest municipal
corporation in Varg "kha".
84. Accordingly, the Rule, 2012 has also been amended,
whereby municipal corporation total nine in number has
been kept in two "varg" i.e varg "ka" varg "kha". The relevant
paragraph of the Notification No.-3416, dated 16.10.2025
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which has been published in Jharkhand Gazette vide Gazette
No.-483, dated 29.10.2025 along with amended Rule, 2012
is being quoted as under:
अध्याय-10
(आयोग की अनुशंसा)
माननीय सर्वोच्च न्यायालय ने अपने ननर्णय नर्वकास कृष्णरार्व गर्वली नर्वरूद्ध महाराष्ट्र राज्य केस
में यह व्यर्वस्था दी है नक कोई भी राज्य नटर पल टे स्ट की औपचाररकताएं पूरी करने के बाद
ही स्थानीय ननकायों के चुनार्व में अन्य नपछडा र्वगण को आरक्षर् प्रदान कर सकता है ।
आयोग भारत के संनर्वधान में पूर्ण आस्था रखता है तथा माननीय सर्वोच्च न्यायालय का पूरा
सम्मान करता है । सर्वोच्च न्यायालय द्वारा प्रनतपानदत नटर पल टे स्ट प्रार्वधान ननम्ननलखखत है ैः -
(क) नटर पल टे स्ट के पहले प्रार्वधान में उल्ले ख है राज्य सरकार को एक आयोग बनाना होगा
जो समसामनयक और अनु भर्वजन्य तरीके से अन्य नपछडे र्वगण के नपछडे पन के स्वरूप/प्रकृनत
और उसके नननहताथण (कारर्ों) का अध्ययन/जााँ च करें ।
नगर नर्वकास एर्वं आर्वास नर्वभाग, झारखं ड, सरकार के पत्र संख्या-08/चुनार्व 01/2023 न०
नर्व० ओ०-2508 नदनां क-04.07.23) द्वारा नपछडे र्वगों के नलए राज्य आयोग अनधननयम,
2002 के तहत गनठत 'नपछडे र्वगों के नलए राज्य आयोग' को Dedicated
Commission के रूप में अनधसूनचत नकया गया है । आयोग ने नपछडा र्वगण की सामानजक,
आनथण क, शै क्षनर्क र्व राजनै नतक खस्थनत के अध्ययन र्व
अनु भर्वजन्य आं कडों (Emperical Data) के माध्यम से सामानजक यथाथण ताओं की
र्वैज्ञाननक नर्वनध से जााँ च पडताल की है एर्वं अपने शोध र्व अनु संधान द्वारा प्राथनमक आं कडों
का शु द्धता के साथ नर्वश्लेषर् नकया है । इस प्रकार नटर पल टे स्ट के प्रथम नबन्दु की पूनतण होती
है ।
(ख) नटर पल टे स्ट के दू सरे प्रार्वधान में उल्ले ख है नक सरकार द्वारा ननकायर्वार आरक्षर् का
जो प्रार्वधान नकया जाए र्वह आयोग की अनु शंसा पर हो, अथाण त् आयोग आरक्षर् का अनु पात
तय करे गा।
ग) नटर पल टे स्ट के तीसरे प्रार्वधान में उल्ले ख है नक अनु सूनचत जानत, अनु सूनचत जनजानत र्व
अन्य नपछडा र्वगण का आरक्षर् 50 प्रनतशत सीमा से अनधक नहीं होना चानहए।
आयोग उक्त के पालन में ननम्ननलखखत नसद्धां तों को ध्यान में रखते हुए ननकायर्वार आरक्षर् की
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2026:JHHC:1901-DB
ननम्नर्वत नसफाररश करता है :-
01. राज्य में नपछडे र्वगों के राजनै नतक, सामानजक एर्वं आनथण क नपछडे पन के आधार पर
आयोग नगर ननकाय अंतगण त र्वाडण पाषण द चुनार्व में नपछडे र्वगों को (अत्यंत नपछडा र्वगण एर्वं
नपछडा र्वगण को पृथक-पृथक) संबंनधत नगर ननकाय में उनकी जनसंख्या प्रनतशत के आधार
पर आरक्षर् प्रदान करने की अनु शंसा करती है । नगरपानलकाओं नगर ननगम, नगर पररषद
एर्वं नगर पंचायत के नलए ननकायर्वार आरक्षर् का प्रनतशत इस अध्याय के हृमशैः तानलका
10.1, तानलका 10.2 एर्वं तानलका 10.3 में दशाण या गया है ।
02. नगरपानलकाओं यथा नगर ननगम, नगर पररषद एर्वं नगर पंचायत में महापौर/अध्यक्ष पद
के नलए BC। एर्वं BC ॥ का आरक्षर् उन नगरपानलकाओं यथा नगर ननगम, नगर पररषद
एर्वं नगर पंचायतों में BC। एर्वं BC ॥ के समे नकत जनसंख्या प्रनतशत के आधार पर नकया
जाएगा। नगरपानलकार्वार महापौर अध्यक्ष पद के नलए BC। एर्वं BC॥ का आरक्षर् प्रनतशत
तानलका 10.4 में दशाण या गया है ।
03. आरक्षर् नकए जाने की प्रनहृया में सर्वणप्रथम SC एर्वं ST को आरक्षर् दे ने के पश्चात 50
प्रनतशत की अनधसीमा के अंतगणत अर्वशे ष बचे पदों/स्थान में BC। एर्वं BC ॥ का आरक्षर्
उनकी जनसंख्या के समानु पात में ननधाण ररत नकया जाएगा।
04. उक्त प्रार्वधान से अनारनक्षत र्वगण के नलए उपलब्ध पदों में कोई प्रभार्व नहीं पडे गा।
05. आयोग की टीम द्वारा क्षे त्र पररभ्रमर् में सरायकेला नगर पंचायत र्वाडण नंबर 10 (एसटी
के नलए आरनक्षत) के अंतगणत पाया नक इस र्वाडण में अनु सूनचत जनजानत र्वगण का मात्र एक
ही नौकरीशु दा पररर्वार ननर्वास करता है । इसके कारर् गत दो नगर ननकाय चुनार्व में इस
र्वाडण के नलए कोई भी पाषण द ननर्वाण नचत नहीं हुआ है एर्वं सीट खाली रही है । इसी प्रकार
रामगढ़ नगर पररषद के र्वाडण नं बर 28 में भी BC II का एक भी पररर्वार नहीं है । उक्त के
आलोक में आयोग यह भी अनु संशा करती है नक ऐसे र्वाडण को उस र्वगण के नलए आरनक्षत न
नकया जाय नजस र्वगण की जनसंख्या उस र्वाडण में 1 प्रनतशत से भी कम हो।
7- mDr vkyksd esa lE;d fopkjksijkar jkT; ljdkj }kjk fuEukafdr fu.kZ; fy;k
tkrk gS%&
¼I½ uxjikfydk vke fuokZpu gsrq fiNM+s oxksZa ds fy, jkT; vk;ksx ¼Dedicated
Commission½ ls izkIr vuq'kalk ¼izFke ,oa f}rh; izfrosnu½ dks Lohd`r fd;k tkrk
gSA
¼II½ >kj[k.M uxjikfydk vf/kfu;e] 2011 dh /kkjk&16 ,oa 27 rFkk ,rn~
fu;ekoyh] 2012 ds fu;e 5 ,oa 6 ds v/khu LFkkuksa ,oa inksa ds laca/k esa ftyk
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2026:JHHC:1901-DB
n.Mkf/kdkjh@jkT; fuokZpu vk;ksx }kjk fd, tkus okys vkj{k.k ,oa vkoaVu dh
dkjZokbZ djrs le; fiNM+k oxZ dks vR;ar fiNM+k oxZ&I ,oa fiNM+k oxZ&II ds laca/k
esa fiNM+s oxksZa ds fy, jkT; vk;ksx ls izkIr vuq'kalk ds n`f"Vxr vkj{k.k ,oa vkoa Vu
dh dkjZokbZ dh tk,xhA
¼III½ vf/kfu;e dh /kkjk&16 ¼2½ ¼?k½ ¼Li"Vhdj.k½ ,oa /kkjk&27¼2½¼p½ ¼Li"Vhdj.k½ ds
v/khu vklUu uxjikfydk fuokZpu dks izFke vke fuokZpu ekurs gq, vkj{k.k ,oa
vkoaVu rFkk efgyk vkj{k.k ds fy, vkj{k.k ds vkoaVu esa pØkuqØe dh dkjZokbZ dh
tk,xhA rRi'pkr~ dkykUrj eas vkoaVu dh vo/kkj.kk Øe'k% f}rh;] r`rh;----------- vke
fuokZpu ds :i esa dh tk ldsxhA rn~uqlkj lHkh uxjikfydkvksa esa uke&funsZ'ku ls
ysdj vU;kU; fuokZpu dh lHkh izfØ;k iw.kZ dh tk,xhA
¼IV½ fiNM+s oxksZa ds fy, jkT; vk;ksx ls uxjikfydk esa fiNM+s oxksZa ¼vR;ar fiNM+k
oxZ&I ,oa fiNM+k oxZ&II½ ds Mksj&Vw&Mksj losZ ds ek/;e ls ernkrk dh tula[;k
,oa izfr'krrk izkIr gqvk gSA pw¡fd oÙkZeku esa jkT; esa fiNM+s oxksZa ds okLrfod
tux.kuk ds vkadM+s miyC/k ugha gSA
vr,o fiNM+s oxksZa ds fy, jkT; vk;ksx ls izkIr lacaf/kr uxj fudk; esa mudh
tula[;k ds vk/kkj ij okMZ ik"kZn pquko gsrq vR;ar fiNM+k oxZ&I ,oa fiNM+k oxZ&II
ds fy, lhVksa ds vkj{k.k ,oa vkoaVu dk fu/kkZj.k fd;k tk,xk rFkk jkT; vUrxZr
lHkh 'kgjh LFkkuh; fudk;ksa ds lesfdr tula[;k ds vk/kkj ij vR;ar fiNM+k oxZ&I
,oa fiNM+k oxZ&II ds fy, egkikSj@v/;{k pquko gsrq lhVksa ds vkj{k.k ,oa vkoaVu
fu/kkZfjr fd;k tk,xkA
¼V½ efgyk lhVksa dks vkjf{kr ,oa vkoafVr fd, tkus esa >kj[kaM uxjikfydk fuokZpu
,oa pquko ;kfpdk fuekoyh] 2012 ds lqlaxr izko/kkuksa dk vuqikyu fd;k tk,xkA
8- >kj[kaM uxjikfydk fuokZpu ,oa pquko ;kfpdk fu;ekoyh] 2012 ¼;Fkk la'kksf/kr½
ds fu;e&2 ds mi fu;e&5 ds i'pkr~ mi fu;e&5¼d½ ,oa 5¼[k½ fuEu:is.k
var%LFkkfir fd;k tkrk gS%&
5¼d½ ^fiNM+k oxZ* ls vfHkizsr gS vR;ar fiNM+k oxZ&I ,oa fiNM+k oxZ&II
5¼[k½ ^fiNM+k oxZ dh tula[;k* ls vfHkizsr gS jkT; ljdkj }kjk vR;ar fiNM+k oxZ& I
,oa fiNM+k oxZ&II dh bl gsrq vfHkfuf'pr tula[;kA
9- >kj[kaM uxjikfydk fuokZpu ,oa pquko ;kfpdk fu;ekoyh] 2012 ¼;Fkk la'kksf/kr½ ds
fu;e&3¼1½¼x½ ¼iii½] fu;e&5 ,oa fu;e&6 dks fuEu:i ls izfrLFkkfir fd;k tkrk gS%&
fu;e&3¼1½¼x½ ¼iii½ & uxj fuxe esa izknsf'kd fuokZpu {ks=ksa dk xBu%&
Ø0 uxj fuxe dh tula[;k izknsf'kd fuokZpu {ks=ksa dh la[;k
1 uxj fuxe oxZ&[k tgk¡ ¼i½ izFke 150000 dh tula[;k ij okMksZa dh U;wure la[;k&35
tula[;k 1]50]000 ,oa gksxhA blds i'pkr izR;sd 50000 dh tula[;k ij 1¼,d½
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2026:JHHC:1901-DB
mlls vf/kd gks ijarq vfrfjDr izknsf'kd fuokZpu {ks= ¼okMZ½ dk xBu gks ldsxkA
10]00]000 ls de gksA
¼ii½ dafMdk ¼i½ esa foHkDr fd;s x;s okMksZa dh la[;k dqy tula[;k
ds vk/kkj ij fu/kkZfjr dh tk;sxh] vFkkZr~ izR;sd 50000 dh
tula[;k o`f) lHkh okMksZa esa leku :i ls foHkDr gksxh] ;Fkk
150000 dh tula[;k ds i'pkr~ dqy tula[;k esa 50000 dh o`f)
ds QyLo:i dqy tula[;k 150000$50000¾200000 gksus ij mDr
uxj fuxe {ks= eas 1¼,d½ vfrfjDr ¼35$1¾36½ okMZ dk xBu gksxk
rFkk rnuqlkj izR;sd okMZ dh tula[;k 200000»36¾6944 gksuh
pkfg,A
¼iii½ okMksZa dks izkd`frd@d`f=e fpUgksa@oLrq&LFkyksa ¼Land
Marks½ ds vkyksd esa foHkDr djus ds Øe esa ;Fkk lEHko dafMdk
¼i½ ,oa ¼ii½ ds vuqlkj tula[;k dh le:irk cuk;s j[kus dk
iz;kl fd;k tkuk pkfg,] ysfdu vxj ,slk lEHko u gks rks 5
izfr'kr dh o`f) ;k deh vuqekU; gksxkA
2 uxj fuxe oxZ&d tgk¡ ¼i½ izFke 150000 dh tula[;k ij okMksZa dh U;wure la[;k&35
tula[;k 10]00]000 ,oa gksxhA blds i'pkr izR;sd 50000 dh tula[;k ij 1 ¼,d½
mlls vf/kd gksA vfrfjDr izknsf'kd fuokZpu {ks= ¼okMZ½ dk xBu gks ldsxkA
¼ii½ dafMdk ¼i½ esa foHkDr fd;s x;s okMksZa dh la[;k dqy tula[;k
ds vk/kkj ij fu/kkZfjr dh tk;sxh] vFkkZr~ izR;sd 50000 dh
tula[;k o`f) lHkh okMksZa esa leku :i ls foHkDr gksxh] ;Fkk
150000 dh tula[;k ds i'pkr~ dqy tula[;k esa 50000 dh o`f)
ds QyLo:i dqy tula[;k 150000$50000¾200000 gksus ij mDr
uxj fuxe {ks= eas 1 ¼,d½ vfrfjDr ¼35$1¾36½ okMZ dk xBu
gksxk rFkk rnuqlkj izR;sd okMZ dh tula[;k 200000»36¾6944
gksuh pkfg,A
¼iii½ okMksZa dks izkd`frd@d`f=e fpUgksa@oLrq&LFkyksa ¼Land
Marks½ ds vkyksd esa foHkDr djus ds Øe esa ;Fkk lEHko dafMdk
¼i½ ,oa ¼ii½ ds vuqlkj tula[;k dh le:irk cuk;s j[kus dk
iz;kl fd;k tkuk pkfg,] ysfdu vxj ,slk lEHko u gks rks
5izfr'kr dh o`f) ;k deh vuqekU; gksxkA
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ननयम-6. ननर्वाण चन क्षेत्रों (नगरपानलकाओं) के पदों का आरक्षर् एर्वं आर्वंटन -
(1) अनधननयम की धारा 27 के अधीन नगरपानलका (नगर ननगम र्वगण-क एर्वं र्वगण-
ख, नगर पररषद एर्वं नगर पंचायत) के महापौर/अध्यक्ष के ननर्वाण चन के नलए
अनुसूनचत जनजानत, अनुसूनचत जानत, नपछडे र्वगों के अन्तगणत अत्यंत नपछडा र्वगण-।
एर्वं नपछडा र्वगण- ॥ तथा मनहलाओं के नलए अनुमान्य संख्या में पदों का आरक्षर् एर्वं
आर्वंटन राज्य ननर्वाण चन आयोग द्वारा नकया जाएगा, नजसके नलए ननम्ननलखखत प्रनहृया
अपनाई जाएगी:-
(क) राज्य के सभी ननर्वाण चन क्षेत्रों (नगरपानलकाओं) को नगर ननगम र्वगण-क एर्वं
र्वगण-ख, नगर पररषद एर्वं नगर पंचायत के तीन अलग-अलग श्रेनर्यों में माना जाएगा।
राज्य में ननर्वाण चन क्षेत्रों (नगरपानलकाओं) यथा नगर ननगम र्वगण-क एर्वं र्वगण-ख, नगर
पररषद (क+ख श्रेर्ी कुल) एर्वं नगर पंचायत को प्रपत्र-2 के भाग-एक (तीनों
श्रेनर्यों के नलए अलग-अलग) में अनधननयम की धारा 27 (2) के अधीन
अध्यक्ष/महापौर के पदों में अनुसूनचत जनजानत एर्वं अनुसूनचत जानत के नलए राज्य की
कुल जनसंख्या के अनुसार एर्वं नपछडे र्वगों के अन्तगणत अत्यंत नपछडा र्वगण-। एर्वं
नपछडा र्वगण - ॥ के नलए राज्य अन्तगणत सभी शहरी स्थानीय ननकायों की कुल
जनसंख्या के अनुसार आरनक्षत नकए जाने र्वाले पदों की संख्या की गर्ना ननम्न प्रकार
की जाएगीैः -
(i) प्रत्येक श्रेर्ी में पदों की कुल संख्या में अनुसूनचत जनजानतयों एर्वं अनुसूनचत
जानतयों के नलए पदों की संख्या राज्य की कुल जनसंख्या में राज्य में इन कोनटयों
की जनसंख्या के अनुपात में आरक्षर् हे तु ननधाण ररत की जाएगी।
1[परं तु यह नक ननयम 6 (1) के अधीन सर्वणप्रथम अंनतम पूर्वणर्वती जनगर्ना, नजसके
सुसंगत आाँ कडे प्रकानशत हो चुके हों, के आधार पर यथाखस्थनत तीन श्रेर्ी (नगर
ननगम र्वगण-क एर्वं र्वगण-ख, नगर पररषद् एर्वं नगर पंचायत) के नगरपानलकाओं की
कुल जनसंख्या के अनुसार महापौर/अध्यक्ष के पदों में अनुसूनचत जनजानत एर्वं
अनुसूनचत जानत के नलए, राज्य की कुल जनसंख्या के अनुसार तथा नपछडे र्वगों के
अन्तगणत अत्यंत नपछडा र्वगण-। एर्वं नपछडा र्वगण- ॥ के नलए, राज्य अन्तगणत सभी
शहरी स्थानीय ननकायों की कुल जनसंख्या के अनुसार अनधननयम की धारा 27(2)
के अधीन इन कोनटयों की जनसंख्या के अनुपात में आरक्षर् कर कुल कोनटर्वार पदों
की संख्या ननधाण ररत की जाएगी। तत्पश्चात् उन नगरपानलकाओं, नजनका ननर्वाण चन पूर्वण में
सम्पन्न हो चुका है और उनका कायणकाल समाप्त नहीं हुआ है , के कोनटर्वार आरनक्षत
पदों (अनुसूनचत जनजानत, अनुसूनचत जानत, नपछडे र्वगों के अन्तगणत अत्यंत नपछडा
र्वगण-। एर्वं नपछडा र्वगण- ॥ तथा अन्य) की संख्या को कुल ननधाण ररत कोनटर्वार
आरनक्षत पदों की संख्या में से घटाकर अर्वशेष नगरपानलका, नजनका ननर्वाण चन कराया
जाना है , में आरक्षर् एर्वं आर्वंटन की कारण र्वाई की जाएगी।]
(ii) अनुसूनचत जनजानतयों एर्वं अनुसूनचत जानतयों के पदों के आरक्षर् के पश्चात
प्रत्येक श्रेर्ी में कुल पदों के पचास प्रनतशत की अनधसीमा के अन्तगणत शेष बचे पदों
में नपछडे र्वगों के अन्तगणत अत्यंत नपछडा र्वगण-। एर्वं नपछडा र्वगण- ॥ को राज्य
अन्तगणत सभी शहरी स्थानीय ननकायों में उनकी जनसंख्या के अनुपात में ननम्नर्वत्
आरक्षर् हे तु अनुमान्य पदों की संख्या ननधाण ररत की जाएगीैः -
(a) अत्यंत नपछडा र्वगण-। एर्वं नपछडा र्वगण - ।I के नलए आरक्षर् नकए जाने की
प्रनहृया में सर्वणप्रथम अनुसूनचत जनजानतयों एर्वं अनुसूनचत जानतयों को आरक्षर् दे ने के
पश्चात् 50 प्रनतशत की अनधसीमा के अंतगणत रहते हुए अर्वशेष पदों में अत्यंत नपछडा
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र्वगण-। एर्वं नपछडा र्वगण- ।I का आरक्षर् उनकी जनसंख्या के समानुपात में अर्वधाररत
नकया जाएगा।
(b) अनुसूनचत जनजानत एर्वं अनुसूनचत जानत को आरक्षर् प्रदान नकए जाने के
उपरान्त सर्वणप्रथम अत्यंत नपछडा र्वगण-। को उनकी जनसंख्या के अनुपात में पचास
प्रनतशत की अनधसीमा में अनुमान्य स्थानों की संख्या ननधाण ररत की जाएगी।
(c) अनुसूनचत जनजानत, अनुसूनचत जानत एर्वं अत्यंत नपछडा र्वगण-। को आरक्षर्
प्रदान नकए जाने के उपरान्त नपछडा र्वगण - ॥ को उनकी जनसंख्या के अनुपात में
पचास प्रनतशत की अनधसीमा में अनुमान्य स्थानों की संख्या ननधाण ररत की जाएगी।
(iii) उप ननयम (ii) के अन्तगणत अनुसूनचत जनजानतयों, अनुसूनचत जानतयों एर्वं
नपछडे र्वगों के अन्तगणत अत्यंत नपछडा र्वगण-। एर्वं नपछडा र्वगण- ॥ के नलए आरनक्षत
पदों के पश्चात् शेष बचे पद अन्य कोनट के नलए अर्वधाररत हो जाएं गे।
(ख) ननर्वाण चन क्षेत्रों (नगरपानलकाओं: श्रेर्ीर्वार अलग-अलग) की जनसंख्या में
अनुसूनचत जनजानत, अनुसूनचत जानत, नपछडा र्वगण अन्तगणत अत्यंत नपछडा र्वगण-। एर्वं
नपछडा र्वगण- ।I तथा अन्य की कोनटर्वार जनसंख्या प्रपत्र-2 के भाग-दो में हृमर्वार
अंनकत की जाएगी।
(ग) तत्पश्चात् प्रत्येक ननर्वाण चन क्षेत्र को अनुसूनचत जनजानत, अनुसूनचत जानत, नपछडा
र्वगण अन्तगणत अत्यंत नपछडा र्वगण-। एर्वं नपछडा र्वगण- ।I तथा अन्य की जनसंख्या के
अनुसार प्रपत्र-2 के भाग-तीन में जनसंख्या के अर्वरोही हृम में सजाया जाएगा।
अर्वरोही हृम में सजाने के हृम में समान अथर्वा शून्य जनसंख्या र्वाले ननर्वाण चन क्षेत्र
को हृमर्वार सजाया जाएगा।
अनधकतम जनसंख्या र्वाले ननर्वाण चन क्षेत्र, प्रपत्र-2 के भाग-एक में ननधाण ररत की गई
अनुमान्य संख्या में अनुसूनचत जनजानत, अनुसूनचत जानत, नपछडा र्वगण अन्तगणत अत्यंत
नपछडा र्वगण-। एर्वं नपछडा र्वगण-।I तथा अन्य के नलए, जैसा भी मामला हो, प्रपत्र-2
के भाग-तीन में आरनक्षत एर्वं आर्वंनटत नकए जाएं गे।
(घ) (i) उप ननयम (ग) में इस प्रकार अनुसूनचत जनजानत, अनुसूनचत जानत,
नपछडा र्वगण अन्तगणत अत्यंत नपछडा र्वगण-। एर्वं नपछडा र्वगण-॥ के नलये आरनक्षत एर्वं
अन्य के नलए अर्वधाररत पदों में से यथाशक्य पचास प्रनतशत नकन्तु इससे अननधक
पद अनुसूनचत जानत, अनुसूनचत जनजानत, नपछडा र्वगण अन्तगणत अत्यंत अत्यंत अत्यंत
नपछडा र्वगण-। एर्वं नपछडा र्वगण - ।I तथा अन्य जैसा भी मामला हो, की मनहलाओं के
नलए चहृानुहृम में आर्वंनटत नकए जाएं गे।
(ii) प्रत्येक कोनट की जनसंख्या के अर्वरोही हृम में सामान्यतैः प्रथम स्थान पर
आने र्वाले एर्वं उसके बाद चहृानुहृम में ननर्वाण चन क्षेत्र को उस कोनट की मनहलाओं
के नलए इस प्रकार आर्वंनटत नकया जाएगा नक मनहलाओं को पचास प्रनतशत से
अननधक पद आरनक्षत एर्वं आर्वंनटत हो जाए।
(ड.) इस प्रकार आरनक्षत/अनारनक्षत ननर्वाण चन क्षेत्रों का नर्वर्वरर् प्रपत्र-2 के भाग-चार
में तैयार नकया जाएगा।
(च) झारखंड नगरपानलका ननर्वाण चन एर्वं चुनार्व यानचका ननयमार्वली, 2012 के
प्रार्वधानों के अन्तगणत 50 प्रनतशत की अनधसीमा में अनुसूनचत जनजानत, अनुसूनचत
जानत, अत्यंत नपछडा र्वगण-। एर्वं नपछडा र्वगण- ।I को पद आर्वंनटत नकया जाएगा।
(छ) झारखंड नगरपानलका ननर्वाण चन एर्वं चुनार्व यानचका ननयमार्वली, 2012 के
प्रार्वधानों के अन्तगणत सर्वणप्रथम 50 प्रनतशत की अनधसीमा में ननकाय की पद
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जनसंख्या के अर्वरोही हृम में रखते हुए अनुसूनचत जनजानत की अनधकतम जनसंख्या
र्वाले ननकाय के पद अनुमान्यता के आलोक में अनुसूनचत जनजानत को प्रपत्र-2 के
भाग-तीन में आर्वंनटत नकया जाएगा।
(ज) अनुसूनचत जनजानत को पद आरनक्षत नकए जाने के पश्चात् 50 प्रनतशत की
अनधसीमा में ननकाय के पद जनसंख्या के अर्वरोही हृम में रखते हुए अनुसूनचत जानत
की अनधकतम जनसंख्या र्वाले ननकाय के पद अनुमान्यता के आलोक में अनुसूनचत
जानत को आर्वंनटत नकया जाएगा। परं तु यह नक उक्त पद यनद पूर्वण में अनुसूनचत
जनजानत को आर्वंनटत कर दी गई है तो उसे छोडकर उसके नीचे अनधकतम
जनसंख्या र्वाले ननकाय के अनुमान्य पद अनुसूनचत जानत को आर्वंनटत नकया जाएगा।
(झ) अनुसूनचत जनजानत एर्वं अनुसूनचत जानत को पद आरनक्षत नकए जाने के पश्चात्
50 प्रनतशत की अनधसीमा के अन्तगणत उपयुणक्त ननयम-6(1)(क)(ii) के आलोक
में पररगनर्त पद ननकाय को जनसंख्या के अर्वरोही हृम में रखते हुए अत्यंत नपछडा
र्वगण-i~ की अनधकतम जनसंख्या र्वाले ननकाय की पद अनुमान्यता के आलोक में
सर्वणप्रथम अत्यंत नपछडा र्वगण-। को आर्वंनटत नकया जाएगा। परं तु यह नक उक्त पद
;fn पूर्वण में अनुसूनचत जनजानत अथर्वा अनुसूनचत जानत को आर्वंनटत कर दी गई है
तो उसे छोडकर उसके नीचे अनधकतम जनसंख्या र्वाले ननकाय के अनुमान्य पद
अत्यंत नपछडा र्वगण-। को आर्वंनटत नकया जाएगा।
(ञ) अनुसूनचत जनजानत, अनुसूनचत जानत एर्वं अत्यंत नपछडा र्वगण -। को पद
आर्वंनटत नकए जाने के पश्चात् 50 प्रनतशत की अनधसीमा के अन्तगणत उपयुणक्त ननयम-
6(1)(क)(ii) के अलोक में पररगनर्त पद ननकाय को जनसंख्या के अर्वरोही हृम
में रखते हुए नपछडा र्वगण - ॥ की अनधकतम जनसंख्या र्वाले ननकाय के पद
अनुमान्यता के आलोक में नपछडा र्वगण- ।I को आर्वंनटत नकया जाएगा। परं तु यह नक
उक्त पद यनद पूर्वण में अनुसूनचत जनजानत अथर्वा अनुसूनचत जानत अथर्वा अत्यंत
नपछडा र्वगण-। को आर्वंनटत कर दी गई है तो उसे छोडकर उसके नीचे अनधकतम
जनसंख्या र्वाले ननकाय के अनुमान्य पद नपछडा र्वगण- ।I को आर्वंनटत नकया जाएगा।
(2) अनुसूनचत जनजानत, अनुसूनचत जानत, नपछडा र्वगण अन्तगणत अत्यंत नपछडा र्वगण-
। एर्वं नपछडा र्वगण ॥ तथा अन्य कोनटयों में मनहलाओं के नलए आरनक्षत एर्वं आर्वंनटत
पद अनुर्वती आम चुनार्वों में चहृानुहृम में आरनक्षत/आर्वंनटत नकए जाएं गे।
आरक्षर् एर्वं आर्वंटन में नसद्धान्तैः र्वही प्रनहृया अपनाई जाएगी जो उपाबद्व अनुसूची के
उदाहरर्-2 मागणदशणन के नलए अंनकत की गई है । (नटप्पर्ी- उपाबद्ध अनुसूची में
उदाहरर्-2 दे खें।)
(3) ननयम-3 के अधीन नगर ननगम की दो श्रेर्ी में यथा-नगर ननगम र्वगण-क एर्वं
नगर ननगम र्वगण-ख में नर्वभक्त नकया गया है । नगर ननगम के महापौर पद के
आरक्षर् नकए जाने के उद्दे श्य से नगर ननगम र्वगण-क एर्वं नगर ननगम र्वगण-ख के
नलए आरक्षर् के अर्वधारर् की प्रनहृया सखम्मनलत रूप से प्रपत्र-2 के भाग-1 में की
जाएगी। पदों के आरक्षर् का अर्वधारर् के पश्चात् नगर ननगम के दोनों श्रेर्ी को
अलग-अलग मानकर अर्वरोही हृम में अलग-अलग आर्वंटन की कारण र्वाई की जाएगी।
इस हे तु आर्वंटन के हृम में सर्वण प्रथम नगर ननगम के नलए अर्वधाररत पदों में नगर
ननगम र्वगण-क को 50 प्रनतशत की अनधसीमा के अधीन आर्वंनटत की जाएगी। तत्पश्चात्
अर्वशेष बचे पदों को नगर ननगम र्वगण -ख में भी 50 प्रनतशत की अनधसीमा के अधीन
अर्वधाररत नकया जाएगा। इसके नलए प्रपत्र-2 का भाग-1 दोनों श्रेर्ी के नलए एक ही होगा। परं तु
प्रपत्र-2 का भाग-दो, तीन एर्वं चार तथा प्रपत्र-3 दोनों श्रेर्ी के नलए अलग-अलग होगा।
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13. कंनडका-7, 8, 9, 10, 11 एर्वं 12 में र्वनर्णत ननर्णय पर राज्य मंनत्रपररषद् की नदनां क-
14.10.2025 को आहूत बैठक में मद संख्या-15 के रूप में स्वीकृनत दी गई है ।
85. Now adverting to the factual aspect of the instant case
wherefrom it is evident that the petitioner has filed the
instant writ petition seeking command upon the Respondent-
Authorities, to reserve the post of Mayor, Dhanbad Municipal
Corporation, for the Scheduled Caste category in the
forthcoming Urban Local Bodies elections, in strict
compliance with the amended provisions of Section 27 of the
Jharkhand Municipal Act, 2011, as substituted by the
Jharkhand Municipal (Amendment) Act, 2022; and
Notification No. 3416 dated 16.10.2025 by taking the ground
that the Municipal Corporations which are total 9 in numbers
has been sub categorized into two categories, i.e. "Varga-Ka"
and "Varg-Kha" and the said Division of the Municipal
Corporations, is ultra vires to Article 243Q and 243T of the
Constitutional as well as Section 27 of the parent Act 2011
(as amended in 2022).
86. Since during pendency of the writ petition the
Notification No. 07 dated 08.01.2026 (Annexure-1 Series,
Page No. 18-22) and Notification No. 08 dated 08.01.2026
(Annexure-1 Series, Page No. 18-22 ), has been published in
the Jharkhand Gazette dated 09.01.2026, by which the Nine
Municipal Corporations of Jharkhand have been sub-
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categorized into "Varg Ka" and "Varg Kha", placing Ranchi
and Dhanbad Municipal Corporations in "Varg Ka" and
categorizing Dhanbad Municipal Corporation as Unreserved,
and placing the remaining Seven Municipal Corporations in
"Varg Kha" for the forthcoming Urban Local Bodies Elections,
2026, therefore, the quashing of the said notification has also
been sought for.
87. So far the issue of ultra vires is concerned, there is no
dispute that any rule, if found to be contrary to the parent
Act and further, if found to be contrary or irrelevant in
achieving the intent and object of the Act, would be fit to be
declared as ultra vires and therefore, this Court has
proceeded to examine the aforesaid contention of the learned
counsel appearing for the writ petitioner on the basis of the
settled position of law but before that it is thought proper to
refer certain judicial pronouncement in this regard.
88. The judgment rendered by Hon'ble Apex Court in the
case of Supreme Court Employees Welfare Association v.
Union of India and Another reported in (1989) 4 SCC 187
lays down at paragraph 100 that, where the validity of a
subordinate legislation (whether made directly under the
Constitution or a statute) is in question, the court has to
consider the nature, objects and scheme of the instrument as
a whole, and, on the basis of that examination, it has to
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consider what exactly was the area over which, and the
purpose for which, power has been delegated by the
governing law.
89. In the judgment rendered in the case of State of T.N.
and Another v. P. Krishnamurthy and Others reported in
(2006) 4 SCC 517, the Hon'ble Apex Court has held at
paragraphs 15 and 16 as hereunder: -
"15.There is a presumption in favour of constitutionality or
validity of a subordinate legislation and the burden is
upon him who attacks it to show that it is invalid. It is also
well recognised that a subordinate legislation can be
challenged under any of the following grounds: (a) Lack of
legislative competence to make the subordinate legislation.
(b) Violation of fundamental rights guaranteed under the
Constitution of India. (c) Violation of any provision of the
Constitution of India. (d) Failure to conform to the statute
under which it is made or exceeding the limits of authority
conferred by the enabling Act. (e) Repugnancy to the laws
of the land, that is, any enactment. (f) Manifest
arbitrariness/unreasonableness (to an extent where the
court might well say that the legislature never intended to
give authority to make such rules).
16. The court considering the validity of a subordinate
legislation, will have to consider the nature, object and
scheme of the enabling Act, and also the area over which
power has been delegated under the Act and then decide
whether the subordinate legislation conforms to the parent
statute. Where a rule is directly inconsistent with a
mandatory provision of the statute, then, of course, the
task of the court is simple and easy. But where the
contention is that the inconsistency or non-conformity of
the rule is not with reference to any specific provision of
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the enabling Act, but with the object and scheme of the
parent Act, the court should proceed with caution before
declaring invalidity."
90. In the case of Commissioner of Central Excise &
Customs v. Venus Castings (P) Ltd. reported in (2000) 4
SCC 206 the Hon'ble Apex Court has held as under :-
"11. ... ... ... In holding a relevant rule to be ultra vires it
becomes necessary to take into consideration the
purpose of the enactment as a whole, starting from the
preamble to the last provision thereto. If the entire
enactment read as a whole indicates the purpose and
that purpose is carried out by the rules, the same cannot
be stated to be ultra vires of the provisions of the
enactment. ... ..."
91. Thus, it is evident from the aforesaid that in order to
achieve the intent and object of the Act, any rule can be
framed by the State. It is evident from the judgment as
referred hereinabove that there is presumption in favour of
constitutionality or validity of a subordinate legislation and
the burden is upon him who attacks it to show that it is
invalid. It is also well recognised that a subordinate
legislation can be challenged under any of the following
grounds:-
(a) Lack of legislative competence to make the subordinate
legislation.
(b) Violation of fundamental rights guaranteed under the
Constitution of India.
(c) Violation of any provision of the Constitution of India.
(d) Failure to conform to the statute under which it is made or
exceeding the limits of authority conferred by the enabling Act
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92. Further, it is evident from the aforesaid judgment that
the court considering the validity of a subordinate legislation,
will have to consider the nature, object and scheme of the
enabling Act, and also the area over which power has been
delegated under the Act and then decide whether the
subordinate legislation conforms to the parent statute, where
a rule is directly inconsistent with the mandatory provision of
the statute, then, of course, the task of the court is simple
and easy. But where the contention is that the inconsistency
or non-conformity of the rule is not with reference to any
specific provision of the enabling Act, but with the object and
scheme of the parent Act, the court should proceed with
caution before declaring invalidity.
93. Now, this Court would proceed to appreciate the issue
that whether the Notification No. 3416 dated 16.10.2025 by
which the Municipal Corporations in the state of Jharkhand,
which are total 9 in numbers, has been sub-categorized into
two categories, i.e. "Varga-Ka" and "Varg-Kha", is ultra vires
to Article 243Q and 243T of the Constitution as well as
Section 27 of the Act 2011 (as amended in 2022).
94. Further it requires to refer herein that the Chief
Secretary, State of Jharkhand has furnished undertaking
before the Hon‟ble Supreme Court in the Contempt Petition
(Civil) No. 705 of 2022 wherein it has been stated that the
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Municipal Elections in the State of Jharkhand shall be held
in the light of orders of the passed by Hon‟ble Supreme Court
in K. Krishna Murthy & Ors Vs. Union of india & Anr.,
(2010) 7 SCC 202 and other judgments.
95. To implement the undertaking given before the Hon‟ble
Supreme Court in Contempt Petition (Civil) No. 705 of 2022
decision has been taken by the authority concerned to notify
State Commission for Backward Classes to act as "Dedicated
Commission" as envisaged in W.P. (C) No. 980 of 2019
[Bikash Krishnarao Gawali Vs. State of Maharashtra] by
the Hon‟ble Supreme Court to complete the triple test process
and the same has been notified as Memo No. 2508 dated
04.07.2023.
96. Thereafter the Co-ordinate Bench of this Court vide
order 12.09.2024 in The State of Jharkhand Vs. Roshini
Khalkho (L.P.A. No. 57 of 2024) while taking into
consideration the object and intent of 74th amendment, has
directed the State to notify the elections, immediately on
receipt of the recommendation of the State Election
Commission, in relation to Municipal Corporation,
Municipalities and Nagar Panchayats in the State of
Jharkhand and further directed the State to ensure all
facilities so that the democratic process of election of
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Municipal Corporation, Municipalities and Nagar Panchayats
be not hampered or hindered by any means.
97. In view of undertaking given before the Hon‟ble Supreme
Court, and on recommendation of the "Dedicated
Commission for Backward Class", the State Government,
after decision having been taken by the Cabinet, has issued
notification being notification no. 3416 dated 16.10.2025 and
accordingly amendment in Rule 3(1)(ग)(iii), Rule 5 and Rule 6
of Jharkhand Municipal Election and Election Petition Rule,
2012 (as amended time to time, herein referred as Rule 2012)
was carried out. By virtue of the aforesaid amendment the
Municipal Corporation, nine in number in the state of
Jharkhand, has been classified in two group as "varg Ka" and
"varg Kha".
98. Further in view of provision of law as under Article 243
Q of the Constitution, the State Government has constituted
the Municipalities and notified it vide Notification No. 3416
dated 16.10.2025.
99. Thus, from the aforesaid fact it is evident that the State
Government on recommendation of the "Dedicated
Commission for Backward Class" and further as per the ratio
laid by the Hon‟ble Apex Court in the case of Bikash
Krishnarao Gawali Vs. State of Maharashtra (supra) has
amended Rule 2012 in Rule 3(1)(ग)(iii), Rule 5 and Rule 6
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(referred and quoted hereinabove in the preceding
paragraphs) and accordingly classification has been made
among the municipal corporation as „varg ka" and "varg
kha".
100. This Court needs to refer herein that as per the mandate
of 74th amendment of Constitution of India, certain provision
has been inserted under Chapter IX-A of the constitution
thereof. The relevant in the present case is Article 243
particularly sub-clause (T) thereof, which speaks with respect
to the issue of providing reservation to the post of
Chairpersons in the urban local bodies. We are only concern
with the election of the post of Mayor and as such we are
taking into consideration the provision as contained under
Article 243(T) and at the risk of repetition the said provision
is reiterated herein.
243-T. Reservation of seats.--(1) 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 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 the Municipal area or of the
Scheduled Tribes in the Municipal area bears to
the total population of that area and such seats
may be allotted by rotation to different
constituencies in a Municipality.
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(2) Not less than one-third of the total number of
seats reserved under clause (1) shall be reserved
for women belonging to the Scheduled Castes or,
as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of
seats reserved for women belonging 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 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.
(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 making any provision
for reservation of seats in any Municipality or
offices of Chairpersons in the Municipalities in
favour of backward class of citizens.
101. It is evident from the said constitutional mandate that
the post of Mayor is to be filled up as per the reservation of
seat as provided under clause (1) and (2) and the reservation
in the office of chairperson other than reservation for women
under clause 4 shall cease to have effect on expiration of the
period specified under Article 334. Sub-clause (4) says that
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reservation to 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.
102. Thus, Article 243-T (4) of the Indian Constitution allows
State Legislatures to reserve offices of Chairpersons (like
Mayors or Presidents) in Municipalities for Scheduled Castes
(SCs), Scheduled Tribes (STs), and women, in proportions
determined by state law, ensuring representation for
disadvantaged groups in local urban governance. This
provision, part of the 74th Amendment, enables States to
mandate these reservations through legislation for leadership
positions, supplementing seat reservations for
SC/ST/Women under other clauses. Thus, as per Article
243T(4), the State Government is fully empowered to make
rules for reservation and notify it accordingly for the office of
the Chairperson.
103. Thus, from the conjoint reading of Article 243 T(4) and
amended provision of Rule 2012 it is considered view of this
Court that classification of Municipal Corporation into "Varg
Ka" and "Varg Kha", for the purpose of determining
reservation of Mayor‟s offices is in accordance with the
provision of Constitution of India, as the State is obligated to
distinguish between Million plus Municipal Corporations and
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other Municipal Corporation and as a matter of fact Ranchi
and Dhanbad are the only two Million plus Municipal
Corporation thus constitute a different category and the same
has been done in view of undertaking given before the
Hon‟ble Supreme Court and further on recommendation of
the "Dedicated Commission for Backward Class" and further
vide notification no. 3416 dated 16.10.2025, and by virtue of
amended Jharkhand Municipal Election and Election Petition
Rule, 2012, therefore the contention of the learned counsel
for the petitioner that part of the notification no. 3416 dated
16.10.2025 by which classification in the Municipal
Corporation in the State of Jharkhand has been carried out
is ultra vires to the constitutional mandate, is not fit to be
accepted.
104. Further contention has been raised herein that since
during pendency of the instant writ petition the Notification
No. 07 dated 08.01.2026 (Annexure-1 Series, Page No. 18-22)
and Notification No. 08 dated 08.01.2026 (Annexure-1 Series,
Page No.18-22), has been published in the Jharkhand
Gazette dated 09.01.2026, by which the Nine Municipal
Corporations of Jharkhand have been sub-categorized into
"Varg Ka" and "Varg Kha", placing Ranchi and Dhanbad
Municipal Corporations in "Varg Ka" and categorizing
Dhanbad Municipal Corporation as Unreserved, for the
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forthcoming Urban Local Bodies Elections, 2026, therefore,
the quashing of the said notification has also been sought for.
105. It requires to refer herein that the legislature of the
State in terms of Article 243 T (4) of the Constitution of India
has come out with a provision under Section 27(b)(2) of the
Act 2011 wherein earlier the provision was made to fill up the
post of chairperson on rotational basis but subsequently
amended has been carried out by virtue of Jharkhand
Municipal (Amendment) Act, 2022 in Section 27 (2) (b) and
Section 27 (2) (c) of the Act 2011 whereby the word "rotation"
has been deleted. For ready reference the pre-amended
provision and post-amended provision contained under
Section 27 (2) (b) and Section 27 (2) (c) both are being quoted
and referred hereinabove.
106. The writ petitioner has not filed the instant writ petition
challenging the amended provision of Section 27 (2) (b) and
Section 27 (2) (c) rather his only prayer is that the post of
mayor of the Dhanbad Municipal Corporation be earmarked
for scheduled caste category and further he is also basing his
argument on the basis of discussion which has been made in
the floor of the State Legislative Assembly, as would be
evident from the extract (Annexure-8) of discussion made on
the floor of the State Legislative Assembly having been
brought by virtue of filing of supplementary affidavit.
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107. The question, therefore, is to be considered that on the
basis of discussion made in the floor of the Assembly or the
Parliament, as the case may be, can the same be said to have
any enforceability in the eye of law, if the Assembly or the
Parliament, as the case may be, has not considered the said
discussion while enacting the Act?
108. This Court while going through the discussion made by
one or the other members of the Assembly or the concerned
Minister, as taken note in Annexure 8 has found that the
focus has been given in course of discussion after presenting
the bill in the assembly to have the applicability of rotation in
conducting the mayor election. But it has not been accepted
having been approved by the majority of the members of the
Assembly, which would be evident from the provision of
Section 27 (2) (b) and Section 27 (2) (c) of the Act, 2011
(amended) wherein the word rotation has been deleted while
it was earlier there, as would be evident from the amended
and pre-amended provision of 27 (2) (b) and Section 27 (2) (c)
of the Act, 2011 as quoted and referred herein above.
109. The argument, which has been advanced on behalf of
petitioner to have applicability of the discussion made in the
assembly, has absolutely no leg. The discussion in the
Assembly or the Parliament, as the case may be, is the power
conferred to the one or the other member of the Assembly
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and after having detail discussion of the bill on presentation
thereof of the floor of the Assembly or the Parliament, as the
case may be, it is finally to be approved by the majority of the
view and when the part of the bill is being finalized on the
basis of the majority the same is said to be approved in the
eye of law and will take the shape of enactment by getting
concurrence by the Governor of the State.
110. It has been contended that even though the provision of
rotation as was available under Section 27 (2) (b) and Section
27 (2) (c) of the Act, 2011 was available earlier election by
applying the rotation principle, the post of the
mayor/chairperson in the Dhanbad Municipal Corporation,
had been earmarked for the unreserved category and as such
this time by applying the rotation principle, the post of the
mayor/chairperson in the Dhanbad Municipal Corporation is
to be earmarked for scheduled caste category candidate.
111. The aforesaid argument is not sustainable in the eye of
law at all since once the State has come out with the rule by
deleting the word "rotation" from the provision of Section 27
(2) (b) and Section 27 (2) (c) of the Act, 2011 and the same
has been in the line of the provision as contained under
Article 243T(4) of the Constitution of India and for the
purpose of following the principle of reservation the State has
followed the triple test and a conscious decision has been
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taken in the light of recommendation made by Dedicated
Commission for Backward Classes and accordingly Rule 2012
has been amended and notification dated 16.10.2025 was
issued in accordance with the resolution passed in cabinet of
minister and consequently out of 9 mayor/chairperson in
nine urban local bodies, the 50% reservation has been given
to the members of the reserved category and while
earmarking on the principle not to exceed the ceiling of 50%
the Dhanbad and Ranchi municipality has been taken into
consideration on the basis of population having exceeded by
millions and as such Ranchi has been categorized by giving
the said seat of mayor/chairperson to the member of
Scheduled Tribe while Dhanbad municipality has been made
unreserved.
112. Likewise, after taking out the two urban local bodies i.e.,
Ranchi and Dhanbad from the remaining seven urban local
bodies 50% ceiling has been maintained for the purpose of
allotting the seat of mayor/chairperson to the members of the
reserved/unreserved category.
113. This Court, in view of the aforesaid ground having been
taken on behalf of State, is of the view that what is being
contended on behalf of writ petitioner to follow up the
principle of rotation merely on the basis of discussion made
by the members of the legislative assembly on the floor of the
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house or the minister concerned to follow the principle of
rotation is not at all sustainable.
114. This Court in the entirety of the fact has gathered from
the record and the argument advanced on behalf of both the
parties that the State Government has come out with the
parameter to follow the principle of reservation in view of
Article 243T of the Constitution as also Section 27(b)(2) of the
Act, 2011 by taking aid of the recommendation of the
Dedicated Commission wherein out of 9 posts of
mayor/chairperson in the 9 urban local bodies across the
State, by following the principle of triple test, the urban local
bodies for the purpose of election of mayor/chairperson, have
been bifurcated into two categories i.e., „Varg Ka‟ „and „Varg
Kha‟. Ranchi and Dhanbad has been put in Varg Ka and
basis upon the policy and amendment Rule, 2012 the Ranchi
Municipal Corporation has been reserved for the post of
mayor to the Scheduled Tribe and following the principle not
to exceed 50% ceiling Dhanbad has been earmarked for
unreserved category.
115. Likewise the remaining other seven local bodies have
been put under category B, on the basis not to exceed the
ceiling limit of 50% the three posts of mayor/chairperson in
the urban local bodies have been reserved for reserved
category and rest for unreserved category making, in totality,
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including both the category i.e., "varg ka" an "varg kh" not to
exceed the 50% of the reservation to follow the mandate of
Constitution Bench judgment of Hon‟ble Supreme Court in
the case of Indra Sawhney and Ors. vs. Union of India
and Ors., 1992 Supp (3) SCC 217.
116. It requires to refer herein that in view of provision of law
as under Article 243Q, the State Government has constituted
the Municipalities and notified it vide Notification No. 3416
dated 16.10.2025. Further, as per Article 243T (4), the State
Government is fully empowered to make rules for reservation
and notify it accordingly for the office of the Chairperson.
117. The classification of the Municipalities is done by the
State in accordance with the law as provided under amended
Rule 3 of the Rule 2012 and the State Election Commission is
empowered to notify the office of the Chairperson of the
Municipalities in accordance with law as provided by Rule 6
of the Rule, 2012.
118. Further, the State Election Commission in light of
conferment of the power under Section 27 of the Act 2011
and further in view of amended provision of the Rule 2012
has issued the said notification dated 08.01.2026, therefore
the issuance of said notification dated 08.01.2026 is not
coming under the purview of any irregularity.
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119. It requires to refer herein that although the instant writ
petition was reserved on 14th January, 2026 but on 22nd
January, 2026, the learned counsel for the writ petitioner has
sought for leave to place a copy of judgment rendered by
Hon‟ble Apex Court in the case of Champa Lal v. State of
Rajasthan, (2018) 16 SCC 356. Accordingly, the said
judgment has been taken on record.
120. This Court has gone through the said judgment wherein
legality of Notification dated 2-6-2016 by which a Nagarpalika
was established for Napasar Village has been challenged
before the Hon‟ble Apex Court. The Hon‟ble Apex Court while
deciding the said issue has taken into consideration the
scheme of Article 243-Q(2) of the constitution and has held
that the Governor is not free to notify "Areas" in his absolute
discretion but is required to fix the parameters necessary to
determine whether a particular area is a transitional area or
a smaller urban area and the such parameters must be
uniform for the entire State and only after the determination
of the parameters, various municipal bodies contemplated
under Article 243-Q(1) could be constituted.
121. Further the Hon‟ble Apex Court, taking into
consideration that the said notification purported to classify
municipalities only on the basis of population and the various
other parameters to which regard the said notification, has
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observed that the said notification cannot be treated as
notifications contemplated under Article 243-Q(2).
122. But herein the classification in the municipal
corporation in "varg ka" and "varg kha" has been carried out
by applying the mandate of Article 243Q and 243 T (4) in line
of recommendation made by the "Dedicated Commission" and
further by amending the Rule 6 of Rule 2012 and the
reservation up-to 50 % has been promulgated in the
Municipal Corporation in the light of Indra Sawhney etc.
etc. v. Union of India and others (supra), therefore the
judgment upon which reliance has been placed by learned
counsel for the petitioner is not applicable in the facts of the
present case.
123. It is settled proposition of law that the applicability of
the judgment depends upon the facts and circumstances of
each and every case and there cannot be any universal
application of the judgment rather each judgment is to be
decided on the basis of fact of each case. Reference in this
regard may be taken from the judgment as rendered by the
Hon'ble Supreme Court in Dr. Subramanian Swamy vs.
State of Tamil Nadu & Ors reported in (2014) 5 SCC 75
for ready reference the relevant paragraph is being quoted
herein under
"47. It is a settled legal proposition that the ratio of
any decision must be understood in the
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background of the facts of that case and the case
is only an authority for what it actually decides,
and not what logically follows from it. "The court
should not place reliance on decisions without
discussing as to how the factual situation fits in
with the fact situation of the decision on which
reliance is placed."
124. The intervener of the I.A. No. 474 of 2026 has prayed for
adjudication of the matter of reservation in Mayor/Chairman
Post in Giridih Municipal Corporation on the basis of
"rotation" system and in support of his argument he has
placed reliance on the judgment dated 04.04.2018 rendered
by the learned Single Judge in WP(C) 324 of 2018.
125. In the aforesaid context, it requires to refer herein that
we have already discussed in the preceding paragraph that
amendment has already been carried out in Section 27 of the
Act 2011 whereby the word "rotation" has already been
deleted by virtue of Amendment Act 2022, therefore, the
contention of the intervener/party respondent that the seat of
Mayor was reserved for SC Category in the election of 2016
and again reserved for SC Category is against the natural
justice, is not fit to be accepted and accordingly rejected.
126. It is not in dispute that the mandate of the Constitution
is to be prevailed upon all the statutory command on the
principle that the Constitution is above all the statute and all
the statute which has been formulated is to remain
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consistent with the constitutional mandate. Further, if any
provision has been made under the Constitution, then the
same binds everybody including the Court of law.
127. We are living in a democratic set-up wherein the election
is the soul of the system for the purpose of electing the
representatives to govern the local self-government said to be
governance by the people by its elected representatives.
128. The Act of 2011 has already been amended in the year
2022 and subsequently the Rule 2012 has also been
amended in the light of recommendation of the "Dedicated
Commission for Backward Classes" and thereafter applying
the mandate of Article 243Q and 243 T(4) the bifurcation in
the nine municipal corporation of the State of Jharkhand as
"varg ka" and "varg kha" has been made and accordingly by
virtue of rule 6 of Rule 2012 the reservation up-to 50 % in the
light of Indra Sawhney etc. etc. v. Union of India and
others (supra) has been promulgated in each "varg", and
accordingly the election commission-respondent no.5 has
issued the notification dated 08.01.2026 which is in
consonance with the constitutional mandate.
129. Thus, on the basis of the discussion made hereinabove,
it is considered view of this Court that the instant writ
petition sans merit, accordingly dismissed.
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130. Pending Interlocutory Application, if any, stands
disposed of.
I Agree (M.S. Sonak, C.J.)
(M.S. Sonak, C.J.) (Sujit Narayan Prasad, J.)
27/01/ 2026
Alankar/ A.F.R
Uploaded on 27.01.2026
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