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Showing contexts for: article 334 in Uday Shankar Ojha And Ors. vs Jharkhand State Election Commission ... on 29 February, 2008Matching Fragments
(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.
24. From reading of the aforesaid Constitutional provisions, it is manifestly clear that Article 243T provides reservation of seats for the Scheduled Castes and Scheduled Tribes in every municipality as nearby as the same proportion to the total number of seats to be filled up by direct election. It also casts a mandate that not less than 1/3rd of the total number of seats shall be reserved for women belonging to Scheduled Castes and Scheduled Tribes. The provision categorically provides that such reservation of seats for women belonging to Scheduled Castes and Scheduled Tribes to be filled up by direct election and such seats may be allotted by rotation in different constituencies in a municipality. Clause (4) of Article 243T confers powers upon the legislature of the State to reserve post of Chairperson for the Scheduled Castes, Scheduled Tribes and women by making law. However, such reservation of the office of Chairman shall cease to have effect on the expiry of period specified in Article 334 of the Constitution of India.
Provided further that the provision of reservation in the posts of Mayor under Clause (i), (ii) & (iii). (Excluding the reservation for the women) shall be ineffective after the completion of the period as provided in Article 334 of the Constitution of India.
26. Section 19(A) of the Municipal Corporation (Amendment) Act, 2006 was introduced to fulfill the constitutional mandate contained in Article 243T of the Constitution. This section also provides reservation of at least 1/3rd of the total seats of Mayor in the State Municipal Corporation for women. Proviso to Section 19-A categorically provides that such reservation shall be rotated among the different municipal corporations by the State Election Com- mission.