Delhi: Quota for SCs, women in MCD polls rejected

The court, in its 55-page judgement, did not find fault with the delegation of power either by the Delhi Government to the SEC to earmark wards and reserve them for the SC and woman candidates.

Last Updated: Feb 29, 2012, 20:01 PM IST

New Delhi: A bunch of pleas seeking quashing
of state election commission`s notification, reserving seats
for woman and scheduled caste candidates for the upcoming MCD
polls after its trifurcation, was dismissed today by the Delhi
High Court.

A bench of justices Sanjay Kishan Kaul and Rajiv Shakdher
said dismissed the pleas, made by various MCD councillors,
saying that it finds "nothing wrong" in the mode and manner of
reservation of MCD seats for woman and SC candidates by the
poll panel.

"We find nothing wrong with the action of the SEC (State
Election Commission) qua the mode and manner of reservation of
seats for the SC and the women and, thus, dismiss the writ
petitions leaving the parties to bear their own costs," the
bench said.

The court, in its 55-page judgement, did not find fault
with the delegation of power either by the Delhi Government to
the SEC to earmark wards and reserve them for the SC and woman
candidates.

"We are of the unequivocal view that no fault can be found
with the delegation of power under Section 490B of the said
Act (Delhi Municipal Corporation Act) by the notification
dated January 24, 2012 and the challenge to the same is
misplaced.

"In our opinion, the fact that the Central and the state
government in exercise of the powers conferred under the DMC
Act have chosen to delegate this function, by issuance of
notification under Section 490A and 490B of the DMC Act
respectively, does not in any manner, in our opinion, erode
the independent constitutional status enjoyed by the SEC under
the Constitution," said Justice Kaul, writing the judgement.

The court dismissed as many as twelve petitions against
the SEC notification of January 27, by which a list of
reserved seats in all three Corporations of Delhi on the basis
of 2001 Census was prepared.

PTI