Section 80 in The Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats, and Conduct of Election) Rules, 2003
80. Reservation of offices of the Mayor of the Municipal Corporation.
(1)For the purpose of election to the Municipal Corporation for the first time after the Orissa Municipal Corporation Ordinance, 2003 (Orissa Ordinance No.1 of 2003) comes into force, the number of offices of Mayors of Municipal Corporation in the state to be reserved for Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women shall be determined in accordance with Sub-section (3) of Section 14 of the Ordinance. After determining the total number for reservation of officers of the Mayor of Municipal Corporation in the state for Scheduled Castes, Scheduled Tribes, Backward Class of citizen and woman, the reservation of offices of the Mayor for the Scheduled Castes, Scheduled Tribes and for their woman shall be assigned to different Municipal Corporation in descending order of the percentage of the respective population to the total population in each Municipal Corporation. If a municipal Corporation qualifies at a particular general election for reservation of both Scheduled Castes and Scheduled Tribes for the office of the Mayor on the basis of the said principle, the office of the Mayor shall be reserved for Scheduled Castes or Scheduled Tribes, as the case may be, whose population in term of percentage of population is higher.(2)Subject to the directions. If any, issued by the Governor under Sub-paragraph (1) of paragraph 5 of the First Schedule to the Constitution of India, out of the Municipal Corporation left after reservation of offices of ti.e Mayors for the Scheduled Castes, Scheduled Tribes and their women, the reservation of required number of offices of the Mayors for the members of the Backward Class of citizens including their women in the Municipal Corporation shall be made until the required quota is completed. The reservation of offices of Mayors for women belonging to Backward Class of citizens shall be made from out of the Municipal Corporation reserved for such class of citizens in descending order of the percentage of women population to the total population of the Municipal Corporation.(3)The reservation of offices of Mayors of the Municipal Corporation for the women shall be assigned to different Municipal Corporation in descending order of the percentage of their population to the total population in each Municipal Corporation.(4)The reservation of the offices of the Mayor of the Municipal Corporations shall be made for Scheduled Castes at the first instance, then for Scheduled Tribes, then for Backward Class of Citizens and then for Women from out of the No. of the offices of Mayors so assigned under Sub-rule (1), (2) and (3) to the respective communities.(5)The reservation and assignment of the offices of Mayor of Municipal Corporation for Scheduled Castes, Scheduled Tribes, Backward Class of citizen and women in subsequent election shall be made by rotation taking into account the previous reservation, if any, made under the Orissa Municipal Act, 1950.(6)Reservation of offices of the Mayors of the Municipal Corporation for the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and woman shall be made and assigned to the category to which the particular Municipal Corporation would have been entitled by taking all Municipal Corporation into consideration in accordance with Sub-rule (1), (2) and (3) of this rule.(7)The required number of officers of Mayors in the Municipal Corporations in the state shall be reserved for women in the following manner, namely(a)in computing total number of offices of Mayors for reservation for women as required under Sub-section (3) of Section 14 of the Ordinance, the offices of Chairpersons reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Class of citizens shall be taken into account;(b)reservation of offices of Mayors for women belonging to Scheduled Castes shall be made at the first instance then for the Scheduled Tribes and then for the Backward Class of citizens; and(c)out of the Municipal Corporation left after reservation for the offices of the Mayors for the Scheduled Castes, Scheduled Tribes and Backward Class of citizens including their women, the offices of Mayors in the Municipal Corporation shall be reserved for women in descending order of the percentage of the women population to the total population in each Municipal Corporation.(8)For reservation of the offices of Mayors under Sub-section (3) of Section 14, the State Government shall cause to be published a notification in the official gazette showing reservation of the offices of the Mayors of the Municipal Corporation for Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women after inviting objections and suggestions from all persons interested to file before the State Government within a period of fifteen days from the date of such notification. Copy of such notification inviting objections and suggestions shall be sent to the District Magistrate for wide circulation by publishing it in the Notice Board(s) of his office and office of the Municipal Corporation.(9)The State Government after considering the objections and suggestions received within the specified period in the respect of the notification issued under Sub-rule (8), shall publish the reservation of offices of Mayor as under Sub-section (4) of Section 14 of the Ordinance.(10)The reservation of the offices of the Mayors of the Municipal Corporation shall be communicated to the Election Commission.
