Section 10 in Himachal Pradesh Municipal Election Rules, 2015
10. Reservation and rotation of seats of members.
(1)The process for reservation and rotation of seats for the members shall be undertaken in accordance with the time schedule to be prescribed in this behalf by the State Election Commission under section 281 of the Act.(2)The seats shall be reserved for the Scheduled Castes and Scheduled Tribes in proportion to their population. The ward having highest percentage of population of Scheduled Castes shall be reserved for the members of the Scheduled Castes and the ward having the highest population of Scheduled Tribes shall be reserved for the Scheduled Tribes.(3)If the number of seats to be reserved for the members of Scheduled Castes or Scheduled Tribes is more than one, then the ward having the next highest percentage of Scheduled Castes and Scheduled Tribes shall be reserved for the members of the Scheduled Castes and Scheduled Tribes, as the case may be, and so on:Provided that if the total population of Scheduled Castes and Scheduled Tribes in the Municipal area is less than 5% of the total population, then no seat shall be reserved for them.(4)Out of the seats reserved for Scheduled Castes and Scheduled Tribes, one - half of the seats shall be reserved for women belonging to Scheduled Castes and Scheduled Tribes, as the case may be. The reservation of seats for Scheduled Castes, Scheduled Tribe and women, as the case may be, shall be made by draw of lots:Provided that if the number of seats reserved is not more than one, then there shall be reservation for men and women belonging to Scheduled Castes and Scheduled Tribes, as the case may be , alternatively, after every five years:Provided further that if the number of seats reserved for the members of Scheduled Castes and Scheduled Tribes, as the case may be, are two, then atleast one ward shall be reserved for women belonging to Scheduled Castes and Scheduled Tribes, as the case may be.(5)In the municipality out of the total wards formed under rule 3, one -half of the seats shall be reserved for women including reservation made under sub-rule(4) and in computing these seats if the remainder after dividing is one, then in the first election the seats reserved for women shall be increased by one and in the next election it shall not be added and so on.(6)The wards reserved for Scheduled Castes, Scheduled Tribes and women belonging to Scheduled Castes and Scheduled Tribes on the basis of percentage of population shall be changed in the immediate next election and at the time of such next elections, the ward / wards, having next highest percentage of population shall be reserved for Scheduled Castes, Scheduled Tribes and women belonging to Scheduled Castes and Scheduled Tribes and the ward earlier reserved shall be kept open to the *general category and so on for subsequent elections.Explanation. - General category for the purpose of these rules shall mean men or women or both belonging to this category.(7)The reservation of seats for women shall be made by draw of lots after excluding the seats which have been reserved for Scheduled Castes and Scheduled Tribes candidates including women belonging to Scheduled Castes and Scheduled Tribes, as the case may be.(8)The Deputy Commissioner shall issue a three days clear notice specifying therein the date, place and time of the draw of lots and such notice shall be affixed on the notice board of his office and that of the municipality and he shall also proclaim it by beat of drums within the municipal area. The draw shall take place on the specified date, place and time specified in the presence of atleast three prominent persons of the municipal area and three gazetted officers of the State Government.(9)No ward shall be reserved for Scheduled Castes and Scheduled Tribes Candidates in two consecutive elections.(10)Notwithstanding anything contained in these rules, the roster of reservation of seats shall operate from the initial stage for the elections to be held after the commencement of these rules as if said elections are being conducted for the first time and thereafter, the reservation of seats shall be rotated to different wards of municipality under this rule:(11)The reservation made by the Deputy Commissioner shall be given wide publicity by him by affixing a copy of the order of such reservation on the notice board of his office and that of the municipality and it shall also be sent to the State Government.
