Punjab & Haryana HC upholds ward reservation in Municipal Elections [Read Order]

Punjab: The Punjab and Haryana High Court’s Division Bench has dismissed petitions challenging the reservation of Ward 8 for backward classes in Nagar Panchayat Khanauri, Sangrur District.

Justices Sureshwar Thakur and Sudeepti Sharma addressed multiple petitions contesting the notification dated December 23, 2022, concerning ward boundaries and reservations.

Punjab & Haryana HC Validates Ward Reservation in Municipal Elections

The case originated from petitions filed by Jai Naraiyan and others, questioning the reservation of Ward 8 for backward classes, citing previous reservations in 1994 and 2005, and alleging violations of rotation principles under the Punjab Municipality Act, 1911.

The court emphasized: “The State of Punjab has passed the parent Act and has also passed the delegated legislations, vires of both whereof, though have been challenged, but this Court has repelled the said challenge.”

Backward Classes Reservation in Sangrur Elections Upheld by High Court

Addressing the petitioners’ concerns, the court observed: “The legislation is deemed to be done with profound and insightful wisdom, besides is deemed to be made after consideration being made to the backwardness of the relevant category in the areas concerned.”

The Division Bench upheld the reservation, noting that the Punjab State Legislative Assembly enacted the relevant legislation and rules in accordance with constitutional provisions under Articles 243-D(6) and 243-T(6).

The court concluded that the triple test requirement was satisfied through the state’s legislation and rules, stating: “The triple test is deemed to be satisfied through the passing of the legislation and the thereunders formulated rules.”

Counsel for the Petitioners: Mr. Ankur Mittal, Mr. Lalit Singla, Ms. Kushaldeep Kaur, Mr. Siddharth Arora, Ms. Saanvi Singla, Ms. Varsha Sharma, Advocates

Counsel for the State: Mr. Navdeep Chhabra, Sr. DAG, Punjab

Counsel for Respondent No. 6: Ms. Anu Chatrath, Sr. Advocate with Mr. Ratik Kapur and Mr. Nishant Maini, Advocates

Case Title: Jai Naraiyan and Another vs. State of Punjab and Others

[Read Order]