CHENNAI: The Madras High Court on Tuesday quashed a government notification providing reservation for women in the Greater Chennai Corporation (GCC) since it exceeded 50 per cent. Allowing a petition filed by advocate R Parthiban, the first bench of Acting Chief Justice Munishwar Nath Bhandari and justice PD Audikesavalu set aside the notification issued in 2019, saying the Constitution does not provide for reservation in excess of 50 per cent.
It also directed the Tamil Nadu State Election Commission (TNSEC) to provide reservation for women not exceeding 50 per cent. The petition prayed for a direction to the authorities concerned to set right the discrimination in providing quota in the Chennai City Municipal Corporation as notified in TN Government Gazette No 228 dated May 24, 2019. He also wanted the court to rectify the defect and reallocate the exact 50 per cent quota in wards to women and men equally as per the Tamil Nadu Municipal Laws (Amendment) Act, 2016.
He noted that a gazette notification (no 228) said 16 wards were reserved for SC women, another 16 for SC general, and 89 for women general. This allocation accounts for 105 wards for women and is not in consonance with the 50 per cent reservation allocated to women as per the TN Municipal Laws (Amendment) Act, 2016, he said.