Uttam Goswami v. State Of Tripura
Case No :IA. 0000453/2015 Party Name : UTTAM GOSWAMI Vs STATE OF TRIPURA THE HONBLE MR. JUSTICE S.TALAPATRA Heard Mr. D.K. Biswas with Mr. K. Roy, learned counsel appearing for the petitioner. This is a petition for staying the further proceeding of election of the Ambassa Municipal Council for the reason that while identifying the constituencies for the SCs, the District Magistrate and Collector identified the Wards No. 2, 8 and 9 as reserved for the SC. But according to the petitioner he has no grievance so far reservation of the Ward No.2 is concerned. But, according to him the Wards Nos. 8 and 9 have been identified capriciously. Instead Wards No. 12 and 13 should have been earmarked. The petitioner has further asserted that in comparison, in Wards No. 12 and 13 large number of persons belonging to Scheduled Castes live but ignoring that aspect of the matter, the Wards No. 8 and 9 have been identified as reserved for SC.
Mr. Datta Majumder, learned Govt. Advocate has submitted that the constituencies for Scheduled Castes have been identified on the basis of the Register of Residents (ROR), which document is treated as the basic document for purpose of getting information about the residents.
Having regard to that objection, this court is of the considered view that similar objection was raised at the time of hearing after the draft notification was published as regards the reservation.
The Sub Divisional Magistrate, Ambassa, Dhalai, Tripura, who was the designated officer for hearing such objection claiming that Ward No.12 should be reserved for the SC instead of Ward No.11, has observed as under :
"It is found that SC population of ward no.11 is lesser than ward no.12. Further it is also found that SC population in some other wards are also more than ward no.12. Hence, ward no.12 will also not be reserved for SC."
This court is constrained to observe that the petitioner has not made out a prima facie case for staying the procedure as prayed for.
Accordingly, this petition stands rejected.
Download Date: 8-05-2017 16:05 1/1