Holding

A councilor elected from a reserved ward is eligible to contest the municipal presidency when the post is notified as a general‑category seat, as the law does not limit candidature to members elected from unreserved wards.

Summary

The appellant, Bihari Lal Rada, was elected President of the Hisar Municipal Council, but the election was set aside by the High Court on the ground that the post was reserved for the general category and only councilors elected from unreserved wards could contest. The Supreme Court examined whether the Haryana Municipal Act, 1973 and its election rules barred councilors elected from reserved wards from contesting a presidency that was notified as a general‑category seat. It held that the Constitution’s Article 243T and Section 10(5) of the Haryana Municipal Act do not create a separate "general" category; unreserved seats are open to all qualified members regardless of the ward from which they were elected. Consequently, a councilor from a backward‑class reserved ward may contest the presidency when the post is not reserved for any specific category. The Court therefore set aside the High Court’s order and restored the appellant’s election. The appeal was allowed.

Issues considered

Whether the Haryana Municipal Act, 1973 and the Haryana Municipal Election Rules, 1978 restrict councilors elected from reserved wards from contesting the office of President when the post is notified as a general‑category seat.
Whether the term "general category" creates a separate class of candidates distinct from those elected from unreserved wards.

Legislation cited

Haryana Municipal Act, 1973s. 10(5), s. 18

Subjects

Election lawReservationMunicipal corporationGeneral categoryReserved seatsArticle 243THaryana Municipal Act

Judgment

[2009) 3 S.C.R. 251

BIHARI LAL RADA A
v.
ANIL JAIN (TINU) & ORS.
(Civil Appeal No. 976 of 2009)

FEBRUARY 13, 2009
B
[LOKESHWAR SINGH PANTA AND B. SUDERSHAN
REDDY, JJ.]

ELECTION LAWS:
c
HARYANA MUNICIPAL ACT, 1973/HARYANA
MUNICIPAL ELECTION RULES, 1978:

S. 18/r. 70 - Election to office of President of Municipality
- Held: Even if the post is reserved for SC, ST, BC, Councilor
belonging to SC, ST or BC can be elected even if such
0
person is not elected as Councilor from a reserved ward -
Likewise when the post is not reserved, all candidates
irrespective of the fact whether they have been elected from
a reserved ward or general ward entitled to seek election as
president - Constitution of India, Article 243T. E

In this appeal, the election of the appellant as
President of Municipal Council, Hisar which has been
quashed by the High Court is in issue. The question
before the Court was whether the provisions of the F
Haryana Municipal Act, 1973 and the Rules framed
thereunder curtail and put any embargo on the right of
the Municipal Councilors elected from the reserved wards
to contest election for the Office of President of the
Municipality if by virtue of roaster such office is notified G
to be filled in by the members belonging to the general
category.

On behalf of the appellant it was contended that all

251 H
252 SUPREME COURT REPORTS [2009] 3 S.C.R.

A members of the Municipality, irrespective of the fact that
they have been elected from reserved wards, are eligible
to contest to the office of the President/Chairperson
when it falls in the general category; that the office of the
-
President/Chairperson once notified falling in the general
B category simply means that the same is not reserved for
any particular class of persons or community; and that
the contest is open to all classes who have been elected
as members of the ward irrespective of the fact whether )

they have been elected from the wards that were
c reserved for the Scheduled Castes and the Backward
Classes or from the wards which remained unreserved.

On behalf of the respondents, it was contended that
the appellant being an elected member from a ward
reserved for backward classes cannot contest the
D election to the office of the President as the same could
only be filled in from the candidates belonging to the
general category.

Allowing the appeal, the Court
E
HELD: 1. Neither Article 243T of the Constitution nor
Section 10 (5) of the Haryana Municipal Act provide for
any reservation to the office of the President in favour of ...
any candidate who does not belong to Scheduled Caste
or Backward Class. Obviously there cannot be any such
F reservation of seats in Municipalities nor to the office of
Chairperson in favour of candidates belonging to general
category. There is no separate category like general
category. The expression belonging to the general
category wherever employed means the seats or offices
G earmarked for persons belonging to all categories
irrespective of their caste, class or community or tribe.
The unreserved seats euphemistically described as
""-
general category seats are open seats available for all
candidates who are otherwise qualified to contest to that
H office. (Para 32) [271-D]
BIHARI LAL RADA v. ANIL JAIN (TINU) & ORS. 253
"·
2. There is nothing in the provisions of the Haryana A
Municipal Act, 1973 suggesting that in case the office of
the President of a Municipality is required to be filled in
from the members belonging to the general category then
only a member who has been elected as such from an
unreserved ward alone can stand for election. There is B
nothing in law that a person belonging to Backward
-'
Class and got himself elected from a ward reserved for
that class is debarred from contesting the election to the
office of President/Chairperson when that office is not
reserved and meant to be filled in from the members c
belonging to the general category. [Para 32] [272-B]

Black's Law Dictionary, Sixth Edition, referred to.
~
3.Wherever the office of the President of a
Municipality is required to be filled in by a member D
belonging to Scheduled Caste, Scheduled Tribe or
Backward Class as the case may be it would be enough
if one belongs to one of those categories irrespective of
the fact whether they have been elected from a general
ward or a reserved ward. Likewise, the office of the E
President of a Municipality if not reserved or meant for
general category, all the candidates irrespective of their
• caste, class o'r community and irrespective of the fact
whether they have been elected from a reserved ward or
a general ward are entitled to seek election and contest F
to the office of the President of the Municipality. [Para 33]
[272-D]

Shri V. V. Giri Vs. Dippala Suri Dora & Ors. 1960 (1) SCR
426; R.K. Sabharvv-al Vs. State of Punjab (1995) 2 SCC 745;
-~ Union of India & Ors. Vs. Virpal Singh Chauhan (1995) 6 SCC G
684; Indra Sawhney Vs. Union of India 1992 Supp (3) SCC
217 and Ka~ambhai F. Ghanchi Vs. Chandubhai D. Rajput
& Anr. 1998 (1) SCC 285, referred to.

H
..
254 SUPREME COURT REPORTS [2009] 3 S.C.R.

A Case Law Reference:
1960 (1) SCR 426 referred to Para 23
(1995) 2 sec 745 referred to Para 24
(1995) 6 sec 684 referred to Para 25
B
1992 Supp (3) sec 211 referred to Para 26
1998 (1) sec 285 referred to Para 30
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 976
c of 2009.
From the final Judgment and Order dated 31.7.2008 of the
High Court of Punjab and Haryana at Chandigarh in LPA No.
66 of 2007. ,
D
Dr. A.M. Singhvi and Jayant Bhushan, Sanjeev Kumar,
Vishal Gupta, Vikram Bajaj and Kumar Mihir (for Khaitan and
Co.) for the Appellant.

Manjit Singh, AAG., P.S. Patwalia, Arun Sukheeja B.K.
E Sharma, Aman Preet Rahi, Tushar Bakshi, D.K. Tripathi, Prem
Malhotra and Kamal Mohal Gupta for the Respondents.

The Judgment of the Court was delivered by

B.SUDERSHAN REDDY, J.1. Leave granted.
F
2. This appeal is preferred against the Judgment and
Order dated 31.07.2008 made in LPA No. 66 of 2007 of the
High Court of Punjab and Haryana at Chandigarh whereby the
Division Bench vide the impugned judgment set aside the
G election of the appellant as the President of the Municipal
Council, Hisar. ""-
3. The facts, in brief, to be noticed for the purpose of
disposal of this appeal, are that election to the Municipal
Council, Hisar was held on 16.4.2005. In all there were 31 wards
H
,.
BIHARI LAL RADA v. ANIL JAIN (TINU) & ORS. 255
[B. SUDERSHAN REDDY, J.]
....
out of which 15 wards were reserved for the members A
belonging to Scheduled Castes and 2 wards were reserved for
Backward Class category. The respondent/writ petitioner was
elected from ward no. 2 which was general category and not
reserved in favour of any one of those categories mentioned
herein above. The appellant herein was elected from ward no. B
18 which was reserved for Backward Class category.
Thereafter election was held to the office of the President,
Municipal Council, Hisar on 29.8.2006. In the election held on
29.8.2006, in all 32 Municipal Councilors participated. The
appellant secured 19 votes whereas the respondent got 13 c
votes and accordingly the appellant was declared to have been
duly elected as the President of the Municipal Council, Hisar.

4. The respondent herein challenged the said election of
the appellant mainly on the ground that as per the Notification
issued by the Competent Authority the office of the President D
of Municipal Council, Hisar "has been reserved for general
category candidate and the same shall be filled in from
amongst the members belonging to general category.
Meaning thereby, for the office of the President of Municipal
Council, Hisar only the members elected from the general E
category had a right and not the member elected from
Backward Class category." The contention was, once the office
• of the President of a Municipality is reserved to be filled in by
persons belonging to Scheduled Castes and Backward Class

- category, the candidate elected from general category has no
right to be elected as the President. Similarly, general category
F

is also a separate category, therefore, only members among
the general category have a right to hold the post of President
"which is reserved categorically for general category", therefore,
the member coming from Backward Class category cannot G
become the President of the Municipality which is earmarked
for general category. It was on that ground the respondent herein
filed the writ petition seeking a writ of certiorari to quash the
proceedings whereunder the appellant was declared to have
been duly elected as the President of Hisar Municipality. H
256 SUPREME COURT REPORTS [2009) 3 S.C.R.

A 5. The learned Single Judge after an elaborate
consideration of the matter dismissed the writ petition and
upheld the election of the appellant as the President of the
Municipal Council, Hisar. On appeal preferred by the
respondent herein, the Division Bench vide the impugned
B judgment set aside the judgment of the learned Single Judge
and quashed the election of the appellant herein as the
President of Municipal Council, Hisar. Hence this appeal.

PART-I

C 6. Reference to Constitutional provisions is necessary to
appreciate and resolve the controversy involved in the present
case. The reservations in favour of the Scheduled Castes,
Scheduled Tribes and other Backward Classes are authorized
by Constitutional provisions that permit departure from formal
D equality for the purposes of favouring specified weaker sections
of the Society.

7. Ever since the adoption of the Constitution, there have
been efforts at democratic decentralization of power. A
E reference may be made to Article 40 of the Constitution which
obligates the State to take steps to re-organise village
Panchayats and endow them with such powers and functions
as may be necessary to enable them to function as units of self-
government. How far the local self-government institutions at the
gross roots have attained the objectives of democratic
F decentralization always remained a matter of serious and -
sustained debate. It was felt that the monopoly of leadership
by certain groups was deeply disturbing. The poorer and
weaker sections of the Society were prevented from providing
effective leadership. Roles in implementing the community
G development plans, electoral politics at the gross root level led
to patronage. It was perceived that dominant sections in both
Panchayati Raj Institutions and as well as Nagarpalikas/
Municipalities etc. captured power and used the same for their
own ends. All this has contributed to a loss of faith in the gross
H
BIHARI LAL RADA v. ANIL JAIN {TINU) & ORS. 257
[B. SUDERSHAN REDDY, J.]
_.,,
root democratic institutions. A

8. The Constitution of India specifically provides for
•• reservation of seats in elective legislative bodies to the
Scheduled Castes and the Scheduled Tribes in proportion to
their numbers. Be it noted that these reservations do not involve B
separate electorates' - i.e. the representation of a particular
group by legislators chosen by an electorate composed solely
of members of that group. The seats are reserved in the sense
that candidates who stand for them must belong to the specified
groups, in which the entire electorate of the Constituency
participates in choosing among the reserved candidates. Such
c
provisions were obviously made to enhance political
participation by the Scheduled Castes and Scheduled Tribes.
No such provision was made providing for any reservation of
seats in elective bodies at the gross root level either in
Panchayats or in Municipalities. D

9. It was realized that Local Bodies have become weak
and ineffective on account of variety of reasons, including the
failure to hold regular elections, prolonged supersessions and
inadequate devolution of powers and functions. It was felt that E
the Urban Local Bodies and as well as Panchayati Raj
Institutions have not been able to acquire status and dignity of
viable and responsive bodies. One of the reasons noticed as
• to why these gross root institutions were unable to perform
effectively as vibrant democratic units of self-government was F
on account of inadequate representation of weaker sections
such as Scheduled Castes, Scheduled tribes and Women etc. /

10. That so far as the Municipalities are concerned it was
proposed to add a new part in the Constitution relating to Urban
Local Bodies to inter alia provide for reservation of seats in G
'""" every Municipality in favour of weaker sections of the Society
such as Scheduled Castes, Scheduled Tribes in proportion to
their population and in favour of Backward Class of citizens if
so provided for by the legislature of the State. Accordingly, Part
IXA; came to be inserted by the Constitution (Seventy-Fourth H
258 SUPREME COURT REPORTS [2009] 3 S.C.R.
...
A Amendment) Act, 1992 w.e.f. 01.06.1993. It specifically
provides for devolution by the State Legislature of powers and
responsibilities upon Municipalities with respect to preparation
of plans for economic development and social justice, and for "'
the implementation of development schemes as may be
B required to enable them to function as institutions of self-
government. It was felt that economic development and
implementation of schemes securing social justice may not be
possible without providing for adequate representation to the
weaker sections of the Society. Its paramount objective was to
c empower the vulnerable sections of the Society who were
hitherto precluded from participating in the local self-
government institutions for various historical reasons due to
which the Constitutional objective of securing social justice
remained unfulfilled.
D 11. Having regard to the nature of the controversy involved
herein, it would be appropriate to set out Article 243T of the
Constitution of India in its entirety:

"243T. Reservation of seats.-(1) Seats shall be reserved
E 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 '

F 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
G 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
H reserved for women belonging to the Scheduled Castes
BIHARI LAL RADA v. ANIL JAIN (TINU) & ORS. 259
[B. SUDERSHAN REDDY, J.]
-.;

and the Scheduled Tribes) of the total number of seats to A
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
B
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 c
reservation for women) under clause (4) shall cease to
have effect on the expiration of the period specified in
Article 334.
t
~ (6) Nothing in this Part shall prevent the legislature of State D
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."

12. A plain reading of Article 243T of the Constitution
makes it clear that it provides for reservation of seats for the E
Scheduled Castes, Scheduled Tribes and Women in every
Municipality and further enables the Legislature of a State to
make provision for reservation of seats in any Municipality or
offices of the Chairpersons in the Municipalities in favour of
Backward Class of citizens. It also mandates that the offices F
of Chairpersons in the Municipalities shall be reserved for the
Scheduled Castes, Scheduled Tribes and Women as the
Legislature of a State may, by law, provide. Be it noted that no
seats in the Municipalities or to the offices of the Chairpersons
are reserved in favour of persons belonging to general category. G
~"

PART-II

13. The Haryana Legislative Assembly made several
amendments to the Haryana Municipal Act, 1973 (for short "the
Act, 1973") in the light of and to bring the law relating to H
260 SUPREME COURT REPORTS [2009] 3 S.C.R.

A Municipalities in conformity with the purpose, substance and
direction of the Constitution (Seventy-Fourth Amendment) Act,
1992.

14. Section 10 of the Act, 1973 provides for reservation
of seats which reads as under:
B
"10. Reservation of seats: (1) Seats shall be reserved for
the Scheduled Castes 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
c by direct election in a Municipality as the population of the
Scheduled Castes in the municipal area bears to the total
population of that area and such seats may be allotted to
such ward's having maximum population of persons
belonging to Scheduled Castes. !
D
(2) Not less than 1/3rd of total number of seats reserved
under sub-section (1) shall be reserved for women
belonging to the Scheduled Castes and such seats may
be allotted by rotation and by lots amongst the wards
reserved under sub-section (1 ).
E
(3) Not less than 1/3rd (including the number of seats
reserved for women belonging to the Scheduled Castes)
of the total number of seats to be filled by direct election
in every Municipality, shall be reserved for women and such
F seats may be allotted by rotation and by lots to different
constituencies in the Municipality except those falling under
sub-sections (1), (2) and (4).

(4) [Two seats in every Committee] shall be reserved for
G the persons belonging to Backward Classes which shall
be allotted in such territorial constituencies as having
maximum population of persons belong to Backward
Classes.

(5) The offices of Presidents in the Municipalities shall be
H filled up from amongst the members belonging to the
- BIHARI LAL RADA v. ANIL JAIN (TINU) & ORS.
[B. SUDERSHAN REDDY, J.]
' 261

general category, Scheduled Castes, Backward Classes A
and women by rotation and by lots in the manner
prescribed:

[-]

(6) The reservation of seats under sub-sections (1) and (2) B
and the reservation of office of the President other than the
reservation for women under sub-section (4) shall cease
to have effect on the expiration of the period specified
under Article 334 of the Constitution of India.
c
(7) The reservation of seats under sub-Sections (1 ), (2),
(4) and (5) shall be reviewed after every decennial census.

(8) The reservation as enumerated in this section shall be
given effect to through notification issued at the time of
each election. " D

15. Section 18 deals with election of the President and the
Vice-president which reads as under:
"18. Election of President and Vice-President:(1) Every E
Municipal Committee or Municipal Council shall, from time
to time, elect one of its members to be President for such
period as may be prescribed, and the member so elected
t shall become President of Municipal Committee or
Municipal Council:
F
Provided that the office of the President in Municipal
Committee and Municipal Council shall be reserved for
Scheduled Castes and women in accordance with the
provisions made in Section 10:
G
~.~ Provided further that if the office of President is vacated
during his tenure on account of death, resignation or no
confidence motion, a fresh election for the remainder of
the period shall be held from the same category.
H
262 SUPREME COURT REPORTS [2009] 3 S.C.R.

(2) Every Municipal Committee or Municipal Council shall
)-
-
A
also, from

time to time, elect one of its elected members to be Vice-
President:

B Provided that if the office of the Vice-President is vacated
during his tenure on account of death, resignation or no
confidence motion, a fresh election for the remainder of
the period shall be held.

c [(3) The term of the office !If the President shall be for a
period of five years or for the residue period of his office
as a member, which ever is less.]"

16. Sub-rule (4) of Rule 70 of the Haryana Municipal
Elections Rules, 1978 made under the Act, which is relevant
D reads as under: J

"Rule 70 (4): - The offices of the Presidents in the
municipalities shall be filled up from amongst the members
belonging to the general category, Scheduled Castes,
E Backward Classes and Women by rotation which will be
determined in the manner as detailed below:

Provided that the number of offices of the President
reserved for the Scheduled Castes and Backward
'
Classes in the State shall bear as may be the same
F proportion to the total number of such offices of the
municipalities as the population of the Scheduled Castes
and Backward Classes in the State bears to the total
population of the State:

G Provided further that not less than one third of the total
number of offices of the President in the Municipalities "· ~
shall be reserved for women including the offices reserved
for Scheduled Castes and Backward Classes women. The
reservation of offices for women shall rotate to different
H municipalities which will be determined by draw of lots by
BIHARI LAL RADA v. ANIL JAIN (TINU) & ORS.
-- _, [B. SUDERSHAN REDDY, J.]
263

a committee consisting of the Director, local Bodies and A
Deputy Commissioners of the districts concerned or their
nominee. If women of the reserved category are not
available, then the office of the President shall be filled up
from the male member of the said reserved category:
B
Provided further that the number of offices of the President
for Scheduled Castes and Backward Classes shall be
~
determined on the basis of their population and shall rotate
to different municipalities firstly, having largest population
of Scheduled Castes, secondly, from the remaining
municipalities having largest population of Backward c
Classes and they rotate in the subsequent terms of offices
of the municipalities having their next largest population
and so on. In case percentage of population of two
Municipal Committees or Municipal Councils as regards
.. \- Backward Classes and Scheduled Castes is the same the D
reservation will be determined by draw of lots to be
conducted by a committee consisting of Director, Local
Bodies and Deputy Commissioner of district concerned
or his nominee.
E
Provided further that in case of office of the Municipal
Council reserved for the Backward Classes, the President
shall be elected from amongst the members belonging to
the Backward Classes and in case of Municipal
Committees, the member of Backward Class shall be
F
deemed to be elected as President of the municipality
reserved for the Backward Classes."

17. The relevant provisions of the Act, 1973 and Election
Rules made thereunder referred to herein above are to be read
and understood in the light of and in conformity with Article 243T G
~· of the Constitution.

18. In the present case, the Governor of Haryana, in
exercise of the powers conferred by sub-Section (8) of Section
10 of Act, 1973 and all other powers enabling him in this behalf H
264 SUPREME COURT REPORTS (2009] 3 S.C.R.

A issued the Notification dated 8.4.2005 specifying that the office
-
of the President, Hisar shall be filled up from the members
belonging to the general category.

QUESTION

B 19. The question which arises for our consideration in this
appeal is: Whether the provisions of the Act, 1973 and the Rules
framed thereunder curtail and put any embargo on the right of
the Municipal Councilors elected from the reserved wards to
contest election for the office of President Municipality if by
C virtue of roaster such office is notified to be filled in by the
members belonging to the general category?

SUBMISSIONS

20. Dr. AM. Singhvi, learned senior counsel appearing on
D behalf of the appellant submitted that all members of the
Municipality, irrespective of the fact that they have been elected
from reserved wards, are eligible to contest to the office of the
President/Chairperson when it falls in the general category. It
was submitted that the office of the President/Chairperson once
E notified falling in the general category simply means that the
same is not reserved for any particular class of persons or
community. The contest is open to all classes who have been
elected as members of the ward irrespective of the fact whether
they have been elected from the wards that were reserved for
F the Scheduled Castes and the Backward Classes or from the
wards which remained unreserved.

21. Shri P.S. Patwalia, learned senior counsel appearing
on behalf of the respondent submitted that the appellant being
an elected member from a ward reserved for backward
G classes cannot contest the election to the office of the
President as the same could only be filled in from the
candidates belonging to the general category. The precise
submission was that the post of the President is meant for
general category and only a candidate elected from a general
H
BIHARI LAL RADA v. ANIL JAIN (TINU) & ORS. 265
[B. SUDERSHAN REDDY, J.]
--\
ward is entitled to contest the election for the office of President/ A
Chairperson.

22. We have carefully considered the submissions.

PART-Ill
B
23. Dr. Singhvi in support of his submissions placed
~
reliance on the decision of this court reported in Shri V. V. Giri
-;
Vs. Dippa/a Suri Dora and Ors. [1960 (1) SCR 426]. The facts
in that case were: In a double member Parliamentary
Constituency one seat was reserved for the Scheduled Tribes c
and the other was general. Four persons filed their nominations
for the election, G1 and G2 for the general seat and S1 and
S2 for the reserved seat. In the light of the number of votes
received by the candidates at the polls and in accordance with
.,_ provisions of Section 54 (4) of the Representation of the People D
-;
Act, 1951, S1 was declared elected to the reserved seat and
S2, who had received the largest number of votes out of the
remaining candidates, was elected to the general seat. G1 filed
an election petition for a declaration that the election of S2 was
void. One of the contentions was that upon a proper E
interpretation of Section 54 (4) a candidate who had filed his
nomination for the reserved seat could not be declared elected
to the general seat. The matter was heard by a Constitution
...
Bench of this Court which after an elaborate consideration of
the matter speaking through Gajendragadkar J. held:
F
... "In our opinion, the true position is that a member of a
scheduled caste or tribe does not forego his right to seek
election to the general seat merely because he avails
himself of the additional concession of the reserved seat
by making the prescribed declaration for that purpose. The G
~·,< claim of eligibility for the reserved seat does not exclude
-the claim for the general seat; it is an additional claim; and
both the claims have to be decided on the basis that there
is one election from the double-member constituency.
H
266 SUPREME COURT REPORTS [2009] 3 S.C.R.

t·
A In this connection we may refer by way of analogy to the
provisions made in some educational institutions and
universities whereby in addition to the prizes and
scholarships awarded on general competition amongst all
the candidates, some prizes and scholarships are
8 reserved for candidates belonging to backward
communities. In such cases, though the backward
candidates may try for the reserved prizes and ,
scholarships, they are not precluded from claiming the
general prizes and scholarships by competition with the
c rest of the candidates."

24. We may further refer by way of analogy to the settled
legal position interpreting the provisions made for reservation
of appointments or posts in favour of any backward class of
citizens under Article16 (4) of the Constitution of India. In R.K. _,
D Sabhan11al Vs. State of Punjab [(1995) 2 SCC 745], a
Constitution Bench of this Court held:

"When a percentage of reservation is fixed in respect of
a particular cadre and the roster indicates the reserve
E points, it has to be taken that the posts shown at the
reserve points are to be filled from amongst the members
of reserve categories and the candidates belonging to the
general category are not entitled to be considered for the
reserved posts. On the other hand the reserve category
F candidates can compete for the non-reserve posts and
in the event of their appointment to the said posts their
number cannot be added and taken into consideration
for working out the percentage of reservation." (Emphasis
-
supplied)
G 25. The similar view is taken in Union of India and Ors.
Vs. Virpal Singh Chauhan ((1995) 6 SCC 684] . ~

26. In Indra Sawhney Vs. Union of India [1992 Supp (3)
SCC 217], this Court held:
H
BIHARI LAL RADA v. ANIL JAIN (TINU) & ORS. 267
[B. SUDERSHAN REDDY, J.]
--\ "In this connection it is well to remember that the A
reservations under Article 16(4) do not operate like a
. communal reservation. It may well happen that some
members belonging to, say, Scheduled Castes get
selected in the open competition field on the basis of their
own merits; they will not be counted against the quota B
reserved for Scheduled Castes; they will be treated as
open competition candidates."
..,
_, 27. The Act, 1973 makes available the minimum number
of seats to the Scheduled Castes and Backward Classes by
way of reservation in proportion to their population. This does c
not prevent the Scheduled Castes and Backward Classes in
getting themselves elected from the unreserved seats on their
own merit. The obvious purpose of providing such reservation
to the Scheduled Castes, Backward Class and Women who
<- were unable to get adequate representation in the Local D
~
Bodies in the absence of reservation. Reservation ensures that
at least minimum number of persons belonging to such classes
would get elected. Reservation so made in their favour does
not mean that they are not entitled to contest election from
unreserved seats and to the offices of Chairperson as the case E
may be. The reservation does not limit number of candidates
,. from reserved category to be elected. They are eligible to
contest from the unreserved seats and get elected resulting in
increase of their representation in the Local Bodies.
F
28. The Haryana Municipal Act, 1973 faithfully adopted the
Constitutional mandate enshrined in Part IXA; for carrying out
the purposes of the Constitution (Seventy-Fourth Amendment)
Act, 1992. The Rules thereunder are made for carrying out the
purposes of the enactment and the purposes of the Act is to
G
ensure that at least minimum number of persons belonging to
,,.- )I.
the specified categories get elected.

29. The construction suggested by Shri Patwalia, that the
word 'belonging to' governs 'general category' is grammatically
attractive but suggested construction not only would defeat the H
268 SUPREME COURT REPORTS (2009) 3 S.C.R.

f-
A main purposes of the provisions and the scheme of the Act,
which is to make special provisions for those with special
needs, and to the understanding of the Legislature when it •
enacted Section 10 and 18 of the Act, 1973. The apprehension
that persons belonging to general category may loose their
B chance forever or for a long time to get themselves elected is
totally untenable and unsustainable. The whole idea is to see
that minimum number of seats as provided for is filled in by
vulnerable sections of the Society. There can never be any '
constitutional or legal objection if more members from those
c weaker sections get elected to the Municipalities on their own
merit from the seats meant for the unreserved category.

30. In our view, the question is no more in res integra but
squarely covered by the decision of this Court reported in
Kasambhai F. Ghanchi Vs. Chandubhai D. Rajput and Anr. [ J
D 1998 (1) SCC 285]. In that case the appellant therein who ...
belonged to Backward Class but had been elected to the
Jambusar Municipality from an unreserved seat stood for
election for the post of President of the Municipality which was
reserved for a Backward Class candidate. The only question
E that had fallen for consideration in the said case was: Whether
the appellant, who belongs to a Backward Class but had been
elected to the Jambusar Municipality from an unreserved seat, '
could stand for election for the post of President of the
Municipality which was reserved for a Backward Class
F candidate or whether the candidate for that post could only be
a person who was elected to the Municipality from a seat which
was reserved for the Backward Class? This court held:

"The idea of providing reservation for the benefit of the
weaker sections of the society is not only to ensure their
G participation in the conduct of the affairs of the municipality
~ "'
but it is also an effort to improve their lot. The reservation
ensures that the specified minimum number of persons
belonging to that category become members of the
municipality. If because of their popularity a larger number
H
BIHARI LAL RADA v. ANIL JAIN (TINU) & ORS. 26$
[B. SUDERSHAN REDDY, J.]

of Scheduled Castes, Scheduled Tribes, Backward A
Classes or women get elected to the municipality than the
number of reserved seats that would be welcome. When
the idea is to promote the weaker sections of the society,
and to improve their lot, it would be a contradiction in terms
if members belonging to that section are debarred from B
standing to the office of the President because such a
~
candidate is popular enough to get elected from a general
constituency. It is a fundamental principle of democratic
election that a person who is more popular is elected,
popularity being measured by the number of votes which c
the person gets. The language of various legal provisions
do not in any way suggest, expressly or by necessary
implication, that even though a person who belongs to a
reserved category and is popular enough to get elected
'-
~ from a general constituency should be barred from D
contesting the election of the President when that office is
to be filled only by a reserved category person."

It was further observed:

"The Act and the Rules provide for reservation for E
Scheduled Castes, Scheduled Tribes, Backward Classes
and women. No reservation or classification is made ward-

• '" wise. To put it differently all members of the Scheduled
Castes, for example, will be regarded as belonging to one
,.., class irrespective of the fact whether they had been elected F
to a reserved seat or to a general seat. Similar is the
position with regard to the Backward Classes, Scheduled
Tribes and women. The law does not contemplate or
provide for any further sub-classification of the type which
has been suggested by the respondents. Just as all
,- ~
G
members of the municipality, irrespective of the fact
whether they had been elected to a reserved seat or not,
are eligible for election to the post of the President when
it falls in the general category, similarly when as per the
roster the President is to be one who, say, belongs to the
H
270 SUPREME COURT REPORTS (2009] 3 S.C.R.

~-

A category of Scheduled Caste then all members of the
municipality who are Scheduled Caste, irrespective of the
seat to which they had been elected, would be eligible to
stand for election. Neither the Act nor the Rules stipulate
that it is only such a member who has been elected to the
B reserved seat who would be eligible to stand for election
to the post of President when it is the turn of that category
of candidate to become the President of the municipality." •
(Emphasis supplied)

31. Shri Patwalia, however, made an attempt to distinguish
c the said judgment by submitting that the Gujarat Municipal Act
did not provide for any post of the President to be elected from
the candidates belonging to general category, therefore, a
Backward Class candidate although elected from a general
category seat was held to be entitled to contest for the office
0 of the President since the said office was reserved only for
../
..
Backward Class. It was submitted that the requirement in that
case was that the candidate must be a backward class
candidate and it did not matter from which category of seat he
was elected. According to him in the present case the office
E of the President is meant for general category and only a
candidate who had contested and won from a general seat
alone was entitled to contest for the office of the President. We ~

find it very difficult to rationalize much less endorse the
argument advanced by the learned senior counsel. In
F Kasambhai F. Ghanchi (supra) this Court while examining the
true import and effect of the provisions of Article 243T of the
Constitution of India observed:

"There is no indication or suggestion in Article 243-T or
in the Act that in case the office of the President is required
G ,
to be filled by a member who is a Scheduled Caste, ~

Scheduled Tribe, Backward Class or a woman, then only
a member who has been elected from a reserved seat can
stand for election. In other words, for the purpose of
election to the post of President the reservation which is
H
BIHARI LAL RADA v. ANIL JAIN (TINU) & ORS. 271
[B. SUDERSHAN REDDY, J.]
-· contemplated by the Act is only to the effect that the person A
elected should belong to the category of Scheduled Caste,
Scheduled Tribe, Backward Class or woman, as per the
roster. Conceivably, as in the present case, an elected
member may fall within two or more categories and, in this
way, may be in a position to seek re-election as envisaged B
by Section 33 of the Gujarat Municipal Act. If this is not so,
~ and with the category changing every year, as per the
roster, Section 33 will become redundant. The legislative
intent, therefore, clearly is that one person, whether elected
from reserved or general seat, but who belongs to the c
category out of which the President is to be elected, can
seek re-election as envisaged by Section 33 of the Act."

CONCLUSION

. " 32. Be that as it may, neither Article 243T of the D
Constitution nor Section 10 (5) of the Haryana Municipal Act
provide for any reservation to the office of the President in
favour of any candidate who does not belong to Scheduled
Caste or Backward Class. Obviously there cannot be any such
reservation of seats in Municipalities nor to the office of E
Chairperson in favour of candidates belonging to general
category. There is no separate category like general category.
• The expression belonging to the general category wherever
employed means the seats or offices earmarked for persons
belonging to all categories irrespective of their caste, class or
F
community or tribe. The unreserved seats euphemistically
described as general category seats are open seats available
for all candidates who are otherwise qualified to contest to that
office. The word 'General' derived from Latin word genus. It
relates to the whole kind, class, or order. Pertaining to or
,r ~ designating the genus or class, as distinguished from that which G
characterizes the species or individual; universal, not
particularized, as opposed to special; principal or central, as
opposed to local; open or available to all, as opposed to select;
obtaining commonly, or recognized universally, as opposed to
H
272 SUPREME COURT REPORTS (2009) 3 S.C.R.

t-
A particular; universal or unbounded, as opposed to limited;
comprehending the whole or directed to the whole, as
distinguished from anything applying to or designed for a
portion only. Extensive or common to many. (See Black's Law
Dictionary, Sixth Edition). There is nothing in the provisions of
B the Act, 1973 suggesting that in case the office of the President
of a Municipality is required to be filled in from the members
belonging to the general category then only a member who has ,..
been elected as such from an unreserved ward alone can stand
for election. There is nothing in law that a person belonging to
Backward Class and got himself elected from a ward reserved
c for that class is debarred from contesting the election to the
office of President/Chairperson when that office is not reserved
and meant to be filled in from the members belonging to the
general category.
,i

D 33. In our view, wherever the office of the President of a
Municipality is required to be filled in by a member belonging
to Scheduled Caste, Scheduled Tribe or Backward Class as
the case may be it would be enough if one belongs to one of
those categories irrespective of the fact whether they have been
E elected from a general ward or a reserved ward. Likewise, the
office of the President of a Municipality if not reserved or meant
for general category, all the candidates irrespective of their
caste, class or community and irrespective of the fact whether
they have been elected from a reserved ward or a general ward
F are entitled to seek election and contest to the office of the
President of the Municipality.
34. For the aforesaid reasons we hold that the High Court
ought not to have interfered with the proceedings whereunder
the appellant was declared to have been duly elected as the
G President of Municipal Council, Hisar. The impugned judgment
is, accordingly, set aside.
. "

35. The appeal is, accordingly, allowed with no order as
to costs.
H G.N. Appeal allowed.