HC stays polls for Godhra Municipality president

One Amisha Shah,councillor Godhra Municipality,has in her petition,filed through advocate Asim Pandya,challenged the notification dated April 26,2013 for the election which were scheduled to be held on May 6 demanding setting aside of the notification.

“As per the original rules of 1994 there was a 10 point roster reservation under that scheme last incumbent was elected in 2010 from the reserved category of Scheduled Caste and as per the same roster next candidate was to be elected from the reserved category for women,” said Pandya.

“But state government came out with the amendment to that rule on April 26,providing president’s election to be held in open category instead of keeping it reserved for women as per the old rule,” he argued.

Defending the amendment state government has argued that they have taken this decision only for the time being because roster can only be applied on the basis of latest census data and government does not have the published data of 2011 census.

However,court was not impressed with this argument and held that,“according to the law,the roster must be published on the basis of population indicated in the last census published,which in the present instance is 2001 census and there is no necessity of waiting for the publication of the future census”.

“We,accordingly,pass interim order staying the operation of Gujarat Municipalities (Reservation of SC,ST,BC and Women for the office of the president) 2nd Amendment Rules,2013,” ruled the bench.