ALLAHABAD: The Allahabad High Court on Monday held that reservation and allotment of seats for the post of president and vice-president of municipalities in favour of SC, ST, OBC and women candidates as provided in the U.P. Municipalities Act was illegal and ultravires.
However, the two judge bench comprising Justice R K Agrawal and Justice Sarojbala ruled that provisions of Clause (4) and (6) of article 243 T of the Constitution of India as inserted by Constitution 74th Amendment in 1992 are valid and intravires.
This provides that the State legislature is competent to make laws with regard to reservation in municipalities.
The order was passed on two petitions, one by Heera Lal of Gorakhapur and another by Naresh, chairman of Nagar Palika Parishad, Mawana in Meerut.
``It is well-settled that legislature cannot delegate its essential legislative functions to the rule-making authority or to the executive’’, the judges said.
They were of the view that reservation has to be made by the State legislature after making laws and not by rules.
RSS 2.0