KASAMBHAI F. GANCHI versus CHANDUBHAI D. RAJPUT AND ORS.

Citation: [1997] SUPP. 5 S.C.R. 401 · Decided: 25-11-1997 · Supreme Court of India · Bench: J.S. VERMA · Disposal: Appeal(s) allowed

Judgment (excerpt)

KASAMBHAI F. GANCHI 
v. 
CH~NDUBHAI D. RAJPUT AND ORS. 
NOVEMBER 25, 1997 
[J.S. VERMA, CJ., B.N. KIRPAL AND 
M. JAGANNADHA RAO, JJ.] 
A 
B 
Election laws : Gujarat Municipal Act, 1963 - Section 6, 33/Gujarat 
Municipalities (Reservation of Scheduled Castes, Scheduled Tribes, Backward C 
Classes and women for the office of President) Rules, 1994 - Rules 2, 3-
Re~ervation for Scheduled Castes, Scheduled Tribes, Backward Classes and 
women in Municipal Election - When by roster: the office of the President of 
Municipality is reserved.Jar a particular category - All members of the 
municipality belonging to the specific reserved category irrespective of 
whether they were elected from the reserved seat for: the particular category D 
or from the unreserved general seat, would be eligible to contest for the office 
of President - Constitution of India, Art. 243T. 
The appellant, belonging to Backward Class had been elected to a ward 
which was in general category, in the Municipal elections held in Gujarat. 
Respondent No. 1 was elected to a reserved seat for Backward Class category. E 
As per the roster, a person belonging to a Backward Class was to hold the 
office of the President of the Municipality for the term beginning in 1997. 
Respondent No. 1 filed a writ petition in Gujarat High Court contending that 
only those Backward Class candidates, who had been elected from the wards 
reserved for Backward Class could stand for the post of President, when as F 
per roster the office of the President had to be filled by a Backward Class 
candidate. 
The writ petition was dismissed, but the review petition filed by the 
respondent was allowed by the High Court following the Supreme Court's 
decision in Saraswati Devi's case. The High Court set aside the election of G 
the appellant as President, holding that he was not eligible to contest as he 
was not elected from a seat which was reserved for Backward Class~Hence 
this appeal contending that the decision in Saraswati Devi's case requfred 
reconsideration in as much as the said decision ran counter to the provisions 
of the Constitution oflndia, the Gujarat Municipalities Act, 1963 and the 
Rules framed thereunder. 
401 
H 
402 
SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R. 
A 
Allowing the appeal, this Court 
HELD : I. The appellant who belonged to a Backward Class was 
eligible to stand for the office of the President even though he had been 
elected as a member of the Municipality not from a reserved seat but from 
a general seat. As per the roster it was a Backward Class member who in 
B the year 1997 was to be the President of the Jambusar Municipality. The 
appellant, who belonged to a Backward Class could not be regarded as being 
ineligible merely because fle had not been elected to a seat which had not 
been reserved to a Backward Class candidate. Consequently his election as 
the President, on this ground, could not have been set aside. [415-G-Hl 
C 
2.1. Article 243T of the Constitution of India, the provision of the 
Gujarat Municipal Act, 1963, or Gujarat Municipalities (Reservation of 
Scheduled Castes, Scheduled Tribes, Backward Classes and women for the 
office of President) Rules, 1994 do not contain any provision that only 
members elected to the reserved seats will be eligible to stand for electi(ln 
D of the President when, as per the roster, the office is required to be filled 
by a person belonging to a particular category. The legislative intent is 
absolutely clear that one person, whether elected from general seat or 
reserved seat, but who belongs to the category out of which the President is 
to be elected can contest for the post of President. [411-C; Bl 
2.2. By provid_ing for the office of the President to be filled from 
E different categories of persons by rotation the effect is that, as per the roster 
point, the office of the President is required to be filled from a specified or 
particular class, e.g. the Scheduled Caste or Scheduled Tribes or Backward 
class or woman, then all other members of the municipality who do not fall 
under that category, are all excluded from contesting the election. The 
p eligibility and the corresponding exclusion of others is determined on the 
basis of the candidate answering to the description of the category or caste 
for whom the post is reserved as per roster and not the nature of constituency 
from which the person is elected. Therefore, when as per roster the candidate 
for the President's post ha

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