Delhi High Court dismisses petitions against Delhi Election Commission decision

Home News Delhi High Court New Delhi Delhi India

Delhi High Court today dismissed a batch of petitions seeking quashing of Delhi Election Commission's notification by which seats for Scheduled Caste candidates were reserved in the upcoming polls of the trifurcated Municipal Corporation of Delhi...

Delhi High Court today dismissed a batch of petitions seeking quashing of Delhi Election Commission's notification by which seats for Scheduled Caste candidates were reserved in the upcoming polls of the trifurcated Municipal Corporation of Delhi (MCD).

A bench comprising Justices Sanjay Kishan Kaul and Rajiv Shakdhar dismissed the 12 petitions filed by Congress party as well as BJP and other councillors challenging the EC's notification and said ,'We do not find any merit in the petitions, they are dismissed,' the bench said.

The court said that the delegation of power by the Delhi government to the state EC for issuing the notification for reserving seats for SC candidates was not unconstitutional. The court also upheld the decision of the state EC to reserve seats for the SC candidates on the basis of 2001 census.

The councillors had sought quashing of the notification alleging that the method adopted by the state EC reserving seats for scheduled caste candidates was faulty.

The petitioners contended that the poll commission's January 27 notification reserving the seats was 'arbitrary, malafide and without any logic' as the commission had reserved seats for the SCs on the basis of the 2001 census and not the recent 2011 census.

Petitioners of all the parties were in unison and alleged that the method has led to a situation where a ward, having 40 per cent of the SC population has been made a general ward, while another one having 16 per cent SCs has been made a reserved one.

The petitioners alleged that the Election Commission 'acted without any logic' in reserving the seats on the basis of 2001 census - reserving those seats where the Scheduled Castes population was only 12 per cent, and making those as general seats where the SC population was more than 40 percent, they contended.

The Election Commission had however opposed the plea, saying that the rationale behind the reservation was to give due representation to the SC candidates.