Sl. No.,Activity,Timeline,,,,,
1.,"Date for publication of the draft of the Order
under Rule 3 of the said Rule in Form - A","17th January, 2020",,,,,
2.,"Period for submission of claims and objections by
any person affected, if any, against the draft
publication","From 17.01.2020 to
30.01.2020",,,,,
3.,"Date for publication of the order under Rule 3 of
the said rules in Form B","10th February, 2020",,,,,
CENSUS POPULATION DATA, 2011 of SOUTH DUM DUM MUNICIPALITY
(WARD WISE)",,,,,,,
Ward
No.",Population,"Total SC
Population","% of SC
Population","Total ST
population","% of ST
population",,
1.,14632,6103,41.71,238,1.63,,
2.,11882,3697,31.11,99,0.83,,
3.,14369,5476,38.11,59,0.41,,
4.,9386,1348,14.36,182,1.94,,
5.,13013,1658,12.74,117,0.90,,
6.,11961,2747,22.97,169,1.41,,
7.,9757,924,9.47,71,0.73,,
8.,11207,787,7.02,95,0.85,,
9.,10691,1092,10.21,193,1.81,,
10.,12842,2066,16.09,61,0.48,,
11.,16466,2079,12.63,279,1.69,,
12.,11528,1068,13.95,151,1.31,,
13.,8804,521,5.92,33,0.37,,
14.,9367,482,5.15,68,073,,
15.,5821,149,2.56,18,0.31,,
16.,1667,39,0.84,8,0.17,,
17.,13753,608,4.48,32,0.34,,
18.,9595,298,3.11,40,0.42,,
19.,11425,565,4.95,51,0.45,,
20.,11402,574,5.03,73,0.64,,
21.,12158,730,6.00,18,0.15,,
22.,12232,258,2.11,967,7.91,,
23.,10340,568,5.49,18,0.17,,
24.,8364,188,2.25,29,0.35,,
25.,7826,357,4.56,245,3.13,,
26.,8078,477,5.90,24,0.30,,
27.,14489,1729,11.93,49,0.34,,
28.,10439,696,6.67,75,0.72,,
29.,19826,137,0.69,41,0.21,,
30.,13626,80,0.59,11,0.08,,
31.,13704,904,6.60,175,1.28,,
32.,10701,2285,21.35,66,0.62,,
33.,15530,277,1.78,25,0.16,,
34.,10564,356,3.37,19,0.18,,
35.,13051,855,6.55,13,0.10,,
Total,403316,42718,10.59,3812,0.95,,
Ward
No.",Population,"Total SC
Population","% of SC
population","Additional
Continuous
SL. No.","2nd
Term
Status","1st
Term
status",Remarks
1,14632,6103,41.71,1,,SC,"In Zone of
Consideration>
+5.3
3,14369,5476,38.11,2,SC,,
2,11882,3697,31.11,3,,,
6,11961,2747,22.97,4,,SC,
32,10701,2285,21.35,5,SC,,
10,12842,2066,16.09,6,,,
4,9386,1348,14.36,7,,SC,
12,11528,1608,13.95,8,SC,,
5,13013,1658,12.74,9,,,
11,16466,2079,12.63,10,,SC,
27,14489,1729,11.93,11,SC,,
9,10691,1092,10.21,12,,,
7,9757,924,9.47,13,,,
8,11207,787,7.02,14,,,
28,10439,696,6.67,15,,,
31,13704,904,6.60,16,,,
35,13051,855,6.55,17,,,
21,12158,730,6.00,18,,,
13,8804,521,5.92,19,,,
26,8078,477,5.90,20,,,
23,10340,586,5.45,21,,,
14,9367,482,5.15,,,,
20,11402,574,5.03,,,,
19,11425,565,4.97,,,,
25,7826,357,4.56,,,,
17,13573,608,4.48,,,,
34,10564,356,3.37,,,,
18,9595,298,3.11,,,,
15,5821,149,2.56,,,,
24,8364,188,2.25,,,,
22,12232,258,2.11,,,,
33,15530,277,1.78,,,,
16,4667,39,0.84,,,,
29,19826,137,0.69,,,,
30,13626,80,0.59,,,,
Ward No.,Sl. No. Roster No.,"Reservation
Status",,,,,
1,1,-,,,,,
2,2,"Woman
(General)",,,,,
4,3,-,,,,,
5,4,-,,,,,
6,5,"Woman
(General)",,,,,
7,6,-,,,,,
8,7,-,,,,,
9,8,-,,,,,
10,9,-,,,,,
11,10,-,,,,,
13,11,"Woman
(General)",,,,,
14,12,-,,,,,
15,13,-,,,,,
16,14,"Woman
(General)",,,,,
17,15,-,,,,,
18,16,-,,,,,
19,17,"Woman
(General)",,,,,
20,18,-,,,,,
21,19,-,,,,,
22,20,"Woman
(General)",,,,,
23,21,-,,,,,
24,22,-,,,,,
25,23,"Woman
(General)",,,,,
26,24,-,,,,,
28,25,-,,,,,
29,26,"Woman
(General)",,,,,
30,27,-,,,,,
31,28,-,,,,,
33,29,"Woman
(General)",,,,,
34,30,-,,,,,
35,31,-,,,,,
(i) not less than one-third of the Scheduled Castes and the Scheduled Tribes members determined under clause (a);,,,,,,,
(ii) not less than one-third of the total number of members to be elected to the Municipality including the number determined under sub-clause (i) of,,,,,,,
this clause, and then declare the number of women members for constituencies not reserved under clause (a):",,,,,,,
Provided that the total number of the Scheduled Castes and the Schedule tribes members determined under Clause (a) shall be taken into account,,,,,,,
while determining the total number of women members among them.,,,,,,,
[1A Identification and declaration of seats to be reserved for women under sub-section (2) and sub-section (3) of section 29 shall be made separately,,,,,,,
in accordance with the roster as specified in the Second Schedule in the manner as follows:-,,,,,,,
(i) not less than one-third seats from amongst the seats reserved for the Schedule Castes and the Scheduled Tribes taken up collectively shall be,,,,,,,
declared reserved for women belonging to Scheduled Castes or the Scheduled Tribes, as the case may be;",,,,,,,
(ii) the number of seats declared under clause (i) shall be taken apart from the total number of seats to be reserved for women under sub - rule (1),,,,,,,
and the seats matching the resultant number shall be identified and declared for reservation for women from amongst the seats not reserved under,,,,,,,
sub-section (1) of Section 29; and (iii) for the purpose of reservation of seats in accordance with the roster as specified in the Second Schedule, all the",,,,,,,
seats available for reservation shall be arranged in the ascending order of their assigned Ward number with the Ward having lowest number on the top,,,,,,,
of the list and an additional set of continuous serial numbers shall be given to them so that reservation may be made to match such continuous serial,,,,,,,
numbers with identical serial numbers in the roster’.,,,,,,,
(2) The prescribed authority shall, by an order in Form B after previous publication in Form A, declared â€"",,,,,,,
(a) such member of constituencies to be reserved by rotation for the Scheduled Castes or the Scheduled tribes from amongst the constituencies, each",,,,,,,
constituency having such population of the Scheduled castes or the Scheduled Tribes as bears to the total population in that constituency not less than,,,,,,,
half of the proportion, as may be determined under clause (a) of sub-rule (1);",,,,,,,
Provided that-,,,,,,,
(i) The proportion of the population of the Scheduled Castes or the Scheduled Tribes as aforesaid shall be determined on the basis of the last,,,,,,,
preceding census of which the relevant figures have been published;,,,,,,,
(ii) When the census figures are not available for any constituency or for any portion of any constituency, the prescribed authority shall, subject to",,,,,,,
such order of the Commission as may be made in this behalf, determine the proportion which the population of the Scheduled Castes or the Scheduled",,,,,,,
Tribes bears to the total population on the basis of any other authenticated record maintained by any office or organisation of any department of the,,,,,,,
State Government or, where no such record is available, on the basis of a local enquiry, which may include house to house enumeration, caused by it",,,,,,,
for the purpose after consulting, where necessary, any portion of the census report, electoral roll of the West Bengal Legislative Assembly or any",,,,,,,
other authenticated record of any other department of the State Government that may be of assistance;,,,,,,,
(iii) the constituencies available for reservation by rotation shall be arranged in the ascending order of the serial numbers of such constituencies and,,,,,,,
formed into two groups having all the odd numbers of the constituencies in the first group and all the even numbers of the constituencies in the second,,,,,,,
group; in case the constituencies available comprise only odd or only even numbers, there shall be formed a single group and, in every such case, the",,,,,,,
group shall be formed maintaining the ascending order of the serial numbers;,,,,,,,
(iv) for the first term of election among every three consecutive terms, constituencies shall be reserved commencing from the first group and then",,,,,,,
from the second group, if necessary, or from the single group, as the case may be, beginning in any such case from the lowest serial number in order",,,,,,,
to reach the number determined under clause (a) of sub-rule (1);,,,,,,,
(v) for the second and the third term of election, the same procedure shall be followed except that reservation shall be made after excluding the",,,,,,,
constituencies reserved in earlier term or terms of election and, in the event of the shortfall of the required number of constituencies, constituencies",,,,,,,
beginning from the lowest serial number of the group shall be reserved, notwithstanding that such constituencies were reserved in any earlier term;",,,,,,,
(vi) if, following the principle of rotation, any constituency is selected in any term of election for reservation for both the Scheduled castes and",,,,,,,
Scheduled Tribes, preference shall be given to the reservation for the Scheduled Tribes and, thereafter, reservation for the Scheduled Castes shall be",,,,,,,
made of the constituency coming next in order;,,,,,,,
(vii) if the number of constituencies determined for reservation under this clause for the Scheduled Castes or the Scheduled Tribes is less than the,,,,,,,
number of seats for the Scheduled Castes or the Scheduled Tribes as the case may be, as determined under clause (a) of sub-rule (1), the",,,,,,,
Commission may, by an order, determine the constituencies to be reserved for the Scheduled Castes or the Scheduled Tribes, as the case may be,",,,,,,,
taking into consideration the concentration of population of the Scheduled Castes or the Scheduled Tribes in the remaining constituencies;,,,,,,,
(viii) the prescribed authority shall, by an order in writing, record, before the publication of the draft of the order in Form A the procedure adopted, the",,,,,,,
records and documents relied upon and the findings made for the purpose of declaration of the constituencies reserved for the Scheduled Castes or,,,,,,,
the Scheduled Tribes;,,,,,,,
(b) such number of constituencies reserved for women as is equal to the number of members determined under clause (b) of sub-rule (1):,,,,,,,
Provided that such declaration of constituencies shall be made separately in respect of the women to be elected as determined under sub-clause (i),",,,,,,,
and sub-clause (ii), of clause (b) of sub-rule (1):",,,,,,,
Provided further that such declaration of constituencies shall be made in accordance with the roster as specified in the [Second Schedule]:,,,,,,,
Provided also that in case the number of constituency determined under sub-clause (i), or sub-clause (ii), of clause (b) of sub-rule (1) is one only, that",,,,,,,
constituency shall be reserved for women for the first term of election and there shall be no reservation for the second and the third term of election:,,,,,,,
[Provided also that reservation of seats for women from the first term under sub-rule (3) shall start from the first term mentioned in the Second,,,,,,,
Schedule.],,,,,,,
[(3) Notwithstanding anything contained in sub-rule (2), in the case of the Municipalities where the first municipal general election shall be held after",,,,,,,
bringing this sub-rule into force, and where municipal general elections have been held after making reservation of seats for the Scheduled Castes,",,,,,,,
Scheduled Tribes and women as per the provisions of sub-rule (2) of this rule and three consecutive terms have been completed, in the next term,",,,,,,,
succeeding the third term of the said three consecutive terms, for reservation of seats for Scheduled Castes, Scheduled Tribes and women the",,,,,,,
procedure as enumerated in sub-rule (1) and sub-rule,,,,,,,
(2) shall be followed excepting the procedures laid down in proviso (iii), (iv), (v) and (Vi) of sub-rule (2), and for the procedures enumerated in proviso",,,,,,,
(iii), (iv), (v) and (vi) of sub-rule (2), the following procedure shall be followed in these cases:",,,,,,,
(a) after the percentage of the Scheduled Castes or the Scheduled Tribes population in the total population is determined and the constituencies eligible,,,,,,,
for reservation are identified, two separate lists, one for the Scheduled Castes and the other for the Scheduled Tribes shall be prepared in the",,,,,,,
descending order of the percentage of the Scheduled castes or the Scheduled Tribes population, constituency having the highest percentage coming at",,,,,,,
the top of the list;,,,,,,,
(b) for the first term of election among three consecutive terms, the lists referred to in clause (a) shall be taken up separately and such number of",,,,,,,
seats as may be determined under sub-rule (1) shall be reserved for the Scheduled Castes or the Scheduled Tribes in accordance with the roster as,,,,,,,
specified in the First Schedule. For the purpose of reservation of constituencies in accordance with such roster, all the constituencies occurring in the",,,,,,,
list shall be with the Ward having highest percentage of the Scheduled Castes or the Scheduled Tribes population on the top of the list, and an",,,,,,,
additional set of continuous serial numbers shall be assigned in ascending order so that reservation may be made to match such serial number with,,,,,,,
identical number in the roster;,,,,,,,
Provided that if, on any occasion, the total number of seats required to be reserved for the first term of election are not attained in accordance with",,,,,,,
the roster for the first term of election, the remaining number of seats shall be reserved from the roster specified for the second term of election;",,,,,,,
(c) for the second and third term of election, the same procedure shall be followed in accordance with the roster specified in the First Schedule",,,,,,,
respectively for the second and the third term of election:,,,,,,,
Provided that if for the second or the third term of election, the total number of seats to be reserved are not attained in accordance with the roster",,,,,,,
respectively for the second or the third term of election after leaving aside the seats already reserved in the preceding term of election. If any, the",,,,,,,
remaining number of seats shall be reserved from the roster specified for the third or the first term of election, as the case may be.â€",,,,,,,
10. Mr. Lahiri submitted that if Rule 3(3) is applied, Ward no. 29 cannot be reserved for women, since in the last election also that Ward was reserved",,,,,,,
for women.,,,,,,,
11. Mr. Lahiri placed a note before us, showing the writ petitioner’s version of applying the statutory formula for reservation. There is no",,,,,,,
difference between the Election Commission’s calculation and the writ petitioner’s calculation insofar as reservation of Scheduled Caste,,,,,,,
(including women) candidates are concerned. According to both calculations Ward nos. 3, 12, 27 and 32 are to be reserved for Scheduled Caste",,,,,,,
candidates. Out of the 4 Wards, Ward nos. 3 and 12 are to be reserved for women candidates belonging to scheduled caste. Insofar as the calculation",,,,,,,
for reservation for women (general) is concerned, the State Election Commission and the writ petitioner have arrived at substantially same conclusion.",,,,,,,
The only difference is that according to Mr. Lahiri although applying the relevant roster, Ward no. 29 falls for reservation, yet, this Ward has to be",,,,,,,
skipped because this Ward was reserved for women (general) in the last election.,,,,,,,
12. In reply, Mr Jayanta Mitra and Learned Advocate General submitted that Rule 3(3) pertains to only schedule casts/ schedule tribes. Rule 3(1A)",,,,,,,
has no limiting Wards. It is framed specifically for reservation for women who belong to Schedule Caste or Schedule Tribe or general unreserved,,,,,,,
category. It was also pointed out that the specific case of the writ petitioner in the writ petition is that Rule 3(3) of the 1994 Rules will not be,,,,,,,
applicable.,,,,,,,
13. We have given our anxious consideration of the rival contentions of the parties.,,,,,,,
14. Section 29 of the 1994 Act provides for reservation of seats for women candidates and candidates belonging to Scheduled Castes and Scheduled,,,,,,,
Tribes. Such reservation is to be done “in such manner as may be prescribedâ€. The manner is prescribed in the 1994 Rules. The relevant Rule is,,,,,,,
Rule 3 which has been substantially and to the extent relevant, extracted above. This Rule has to be read with the Schedules to the Rules. Rule 3 read",,,,,,,
with the Schedules thereto, prescribe a rather complex mechanism for reservation of seats for candidates belonging to reserved category and",,,,,,,
unreserved category. First, the Wards that have to be reserved for Scheduled Castes / Scheduled Tribes will have to be determined. Then the Wards",,,,,,,
which are to be reserved for women candidates in the Schedule Castes / Scheduled Tribes category will have to be determined. Thereafter the Wards,,,,,,,
to be reserved for women (General Category) would fall for determination. The remaining seats would be available to male candidates (General and,,,,,,,
Reserved Category) for contesting.,,,,,,,
15. The formula prescribed by Rule 3 has been applied by the Election Commission. We are satisfied that Rule 3 has been scrupulously adhered to in,,,,,,,
determining the seats that are to be reserved for Scheduled Castes (including Women) and Women (General Category). By due application of the,,,,,,,
formula prescribed, if Ward no. 29 falls for reservation for women (general), then, the Election Commission can hardly be faulted or criticised. The",,,,,,,
Election Commission has no discretion in the matter. It has to mechanically apply the prescribed formula. Whatever the result is, has to be accepted as",,,,,,,
it flows from the application of a statutorily prescribed formula. There may be inherent lacuna in the formula prescribed which has resulted in,,,,,,,
reservation of Ward no. 29 for women for two consecutive terms. However, the Rules are not under challenge.",,,,,,,
16. We are also of the view that for ascertaining the seats that are to be reserved for women (both Scheduled Caste and General), it is sub-rule 1A of",,,,,,,
Rule 3 which is applicable and not sub-rule 3 of Rule 3. Sub-rule 3(c) along with the proviso thereto, in our opinion, applies to reservation for SC and",,,,,,,
ST candidates (including women) only and not relevant for reservation of Women (General Category). It is pertinent to note that sub-rule 3(c),,,,,,,
mandates that for the second term of election (it is not in dispute that the upcoming election is for the second term), the roster specified in the First",,,,,,,
Schedule to the Rules shall be followed. The First Schedule is captioned “Roster for reservation of seats for the Schedule Castes and Schedule,,,,,,,
Tribes by Rotationâ€.,,,,,,,
17. Sub-rule 1A does not prescribe any restriction to the effect that a seat that was reserved for women in one election, cannot be reserved for",,,,,,,
women in the next election.,,,,,,,
18. It is also pertinent to note that Ward no. 2 was reserved for General Category Women in the 2015 elections and has been proposed to be reserved,,,,,,,
for General Category Women in the upcoming elections this year. However, the writ petitioner has made no grievance in respect thereof.",,,,,,,
19. Most importantly, from a bare perusal of the writ petition it would appear that the writ petitioner approached the Learned Single Judge with the",,,,,,,
case that Rule 3(1A) of the 1994 Rules will apply for reservation of seats for women and not Rule 3(3). Such being the stand of the writ petitioner in,,,,,,,
the writ petition, they cannot now be heard to argue to the contrary. However, in any event, we have recorded our opinion above that Rule 3 (1A) of",,,,,,,
the 1994 Rules will apply for reservation for Women (both reserved and general) and the Election Commission has correctly applied the prescribe,,,,,,,
formula.,,,,,,,
20. It is pertinent to note that both sub-rule 1A and sub-rule 3 under Rule 3 of the 1994 Rules were introduced by amendment by the same Notification,,,,,,,
dated 25.11.2009. A harmonious construction has to be given to the 2 sub-rules which will not make nonsense of the two sub-rules or either of them,,,,,,,
and will ensure that both are given effect to. As indicated above, in our view sub-rules 1A and 3 operate in different spheres. Sub-rule 1A operates",,,,,,,
for reservation for Women candidates in general. Sub-rule 3 operates in respect of the municipalities mentioned therein for reservation of seats for,,,,,,,
Scheduled Castes and Scheduled Tribes candidates including Women.,,,,,,,
21. We are also of the view that the Election Commission which is an expert body has interpreted and applied the relevant Rules for reserving seats,,,,,,,
for Scheduled Caste and women candidates. Such exercise ought not to be lightly interfered with. We find no such error in the decision of the Election,,,,,,,
Commission as regards reservation of seats for women candidates as would make such decision perverse or vitiate such decision for any other,,,,,,,
reason. On the contrary, we are satisfied that the relevant Rules have been followed, the proper formula has been applied and the correct procedure",,,,,,,
has been adopted for reservation of seats for women (general) for the ensuing Municipal Elections for South Dum Dum Municipality.,,,,,,,
22. We are unable to agree with the conclusion reached by the Learned Single Judge in the order under challenge before us. Of course, the Learned",,,,,,,
Judge did not have the advantage of having the report of the Election Commission before His Lordship from which we have liberally extracted above.,,,,,,,
The judgment and order under appeal is set aside. The appeal is allowed. The interim order restraining holding of election in Ward no. 29 is vacated.,,,,,,,
23. The appeal and the connected application are accordingly disposed of.,,,,,,,
24. Urgent certified website copies of this judgment, if applied for, be supplied to the parties subject to compliance with all the requisite formalities.",,,,,,,
