Jharkhand High Court
Santanu Kumar Chandra vs The State Of Jharkhand on 27 January, 2026
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
2026:JHHC:1901-DB
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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2026:JHHC:1901-DB 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:I.A. No. 474 of 2026
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 -2- 2026:JHHC:1901-DB „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 -3- 2026:JHHC:1901-DB 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 -4- 2026:JHHC:1901-DB 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 -5- 2026:JHHC:1901-DB 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:
Prayer in I.A. No. 345 of 2026
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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2026:JHHC:1901-DB 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 -7- 2026:JHHC:1901-DB 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, -8- 2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB
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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2026:JHHC:1901-DB
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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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.(2)
(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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB "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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB
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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB (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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2026:JHHC:1901-DB (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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB
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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB
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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB 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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2026:JHHC:1901-DB
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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