Karnataka High Court
R E Srinivasa vs The State Of Karnataka on 13 July, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:24397
WP No. 14349 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 14349 OF 2023 (LB-ELE)
BETWEEN:
R E SRINIVASA
S/O ERAPPA
AGED ABOUT 42 YEARS,
MEMBER
1-PALYAKERE GRAMA PANCHAYATH
CHELUR TALUK
CHIKKABALLAPUR DISTRICT-563124
...PETITIONER
(BY SRI. RAVI H K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed
by JUANITA REPRESENTED BY ITS SECRETARY,
THEJESWINI DEPARTMENT OF PANCHAYATH RAJ
Location: HIGH
COURT OF AND RURAL DEVELOPMENT
KARNATAKA M S BUILDING
BENGALURU-560001
2. STATE ELECTION COMMSSION
KARNATAKA STATE CO OPERATIVE
MARKETING FEDERATION BUILDING,
CUNNINGHAM ROAD
BENGALURU-560001
REPRESENTED BY ITS COMMISSIONER
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WP No. 14349 of 2023
3. THE DEPUTY COMMISSIONER
AND THE DISTRICT ELECTION OFFICER
CHIKKABALLAPUR DISTRICT-563101
4. PALYAKERE GRAM PANCHAYAT
REP BY ITS SECRETARY,
BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT-563207
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG ALONGWITH
SRI. SANTHOSH KUMAR M.B., HCGP FOR R1 & R3
MS. YASHWINI RAJ, ADVOCATE FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R2)
V/O DTD. 11.07.2023, NOTICE TO R4 IS D/W.
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION DT. 23.06.2023 BEARING NO.
ELN.(2)CR.31/2020-21 (CHE) ISSUED BY R3 VIDE ANNX-A IN
SO FAR AS RESERVING THE POST OF PRESIDENT OF GRAM
PANCHAYAT TO GENERAL (FEMALE) CATEGORY IS CONCERNED
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner who is a member of Palyakere Gram Panchayat of Chelur Taluk is aggrieved of the impugned notification dated 23.06.2023 issued by the Deputy -3- NC: 2023:KHC:24397 WP No. 14349 of 2023 Commissioner and District Election Officer, Chikkaballapura, in not reserving the post of Adhyaksha of the Gram Panchayat to Scheduled Tribe category.
2. Learned Senior Counsel Sri H.Kantharaj, appearing for the petitioner submits that in terms of the mandate contained in Article 243D of the Constitution of India and Section 44 of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993, Palyakere Gram Panchayat which has got a sizeable population of Scheduled Tribes, in fact the highest number in the Taluk, numbering four members, should have been allocated with reservation of Scheduled Tribe category, atleast once commencing from 1993. However, in the year 2000, the post of Adhyaksha was reserved for Scheduled Tribe (Female) and never again was there a reservation for the Scheduled Tribe category. This will be in contravention of the constitutional provision which mandates adequate representation to the Scheduled Caste and Scheduled Tribe categories in the local bodies. -4-
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3. To drive home the point of the constitutional mandate, learned Senior Counsel sought to place reliance on a judgment of the Hon'ble Supreme Court in the case of K.Krishna Murthy (Dr.) and Others Vs. Union of India and Another (2010) 7 SCC 202. Learned Senior Counsel would submit that the requirement of following the constitutional mandate while reserving and rotating the offices of the chairpersons of the panchayats and municipalities, the Hon'ble Supreme Court has held that such reservations are a measure of protective discrimination, so as to enable the weaker sections to assert their voice against entrenched interest at the local level. The dire need of such reservation, more particularly, in the grass root levels of the Panchayats has clearly been underlined in the judgment of the Apex Court. It was held that unlike elected representatives in the Lok Sabha and the Vidhan Sabha who can fall back on the support of mainstream political parties as well as media scrutiny as a safeguard against marginalisation and unjust discrimination, elected representatives from the -5- NC: 2023:KHC:24397 WP No. 14349 of 2023 disadvantaged sections may have no such support structures at the local level. It was therefore directed that the provisions made in the Constitution for providing reservation and rotation of such reservation should be followed in its letter and spirit.
4. Learned Senior Counsel would submit that when it is evident from the records that Palyakere never had reservation of Scheduled Tribe category, the District Election Officer who is entrusted with the task of rotating the reservation should have borne in mind the predicament of the members of the Gram Panchayat of Palyakere. Since it was sought to be submitted by the learned AAG that a computerized system is now being followed commencing from the year 2020 enabling rotation in reservation in terms of the guidelines issued by the State Election Commission. Learned Senior Counsel would submit that relevant factors such as the one voiced at the hands of the petitioner should be brought to the notice of the concerned so that the computer application is -6- NC: 2023:KHC:24397 WP No. 14349 of 2023 fed with all such relevant factors which would be necessary to ensure equitable distribution of the reservation. In other words, it is sought to be submitted that if the fact that Palyakere was never allotted Scheduled Tribe reservation was fed into the system, then the result would have been different.
5. Per contra, the learned Additional Advocate General would submit that the guidelines have been formulated having regard to the constitutional mandate. However, while working out rotation in reservation, the authorities are required to follow the guidelines. The learned AAG has furnished a copy of the worksheet maintained by the District Election Officer and the entire process of reservation and rotation are videographed and are transparent in nature. The learned AAG would take this Court through the worksheet and would submit that Cheluru is comparatively a new Taluk and parts of various other Gram Panchayats were delienated so as to form a new Taluka. Moreover, Cheluru which has 12 posts of -7- NC: 2023:KHC:24397 WP No. 14349 of 2023 Adhyaksha has three posts reserved for Scheduled Castes, two posts reserved for Scheduled Tribes, one for category 'A' and six for General. Since the petitioner is concerned with the Scheduled Tribe category, it was pointed out that out of the two posts that are reserved for Scheduled Tribes, one is reserved for women. Taking this Court through the worksheet, the learned AAG would submit that following the guidelines, the District Election Officer has first identified the posts that are required to be reserved for Scheduled Caste category. Thereafter when it came to Scheduled Tribes category, it was found that in the cycle Enigadele Gram Panchayat and Chakavelu Gram Panchayats which had never had reservation of Scheduled Tribe category were entitled for the allotment of reservation. Therefore, Chakavelu Gram Panchayat which had more number of members from the Scheduled Tribe category was allotted Scheduled Tribe (Female) reservation and Enigadele was given Scheduled Tribe reservation.
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6. Since the learned Senior Counsel had also pointed out to the fact that the post of Adhyaksha and Upadhyaksha of Palyakere is now reserved for General and General (Female), it would be in contravention of the guidelines, the learned AAG would submit that the worksheet would clearly show as to the circumstances in which both the posts were required to be allotted with General and General (Female) category. It was pointed out that after completion of the allotment of the reservation commencing from Scheduled Castes, followed by Scheduled Tribes, category 'A' and category 'B', there were six posts of General category which were required to be allotted amongst the six Gram Panchayats which were left without reservation of any other category. One amongst them was Palyakere. Two posts out of six from the General category was required to be filled up reserved for Female category. Going by the highest number of the members amongst General category, Burudagunte Gram Panchayat was directly selected for allotment of General (Female) category and the next two Gram Panchayats -9- NC: 2023:KHC:24397 WP No. 14349 of 2023 which were standing on the same footing that is Palyakere and Naremaddepalli were chosen by a pick of lottery. The lottery fell to Palyakere and therefore the post of Adhyaksha was reserved to General (Female) category. The learned AAG would therefore, submit that the District Election Officer has followed the guidelines step by step and therefore, no fault can be found in the impugned notification.
7. Having heard the learned Senior Counsel for the petitioner, and the learned AAG and on perusing the petition papers, this Court is of the considered opinion that the respondent-District Election Officer has indeed followed the guidelines scrupulously.
8. The grievance of the petitioner may possibly be redressed in the next term of elections, since this Court finds that the cycle would come to an end in the next term and possibly the Gram Panchayat of the petitioner viz., Palyakere should once again get an opportunity to have Scheduled Tribe reservation in the next cycle.
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9. Insofar as the contention of the learned Senior Counsel that sufficient opportunity should be available to the members of the Gram Panchayat to raise their objections to the reservation and such directions were already issued by this Court including the Hon'ble Division Bench in the case of Channigappa And Another Vs. State of Karnataka And Others reported in ILR 2000 KAR 2941, this Court would once again draw the attention of the State Government and the State Election Commission to paragraph-39 of the judgment of the Hon'ble Division Bench, wherein it was directed that the State Government would be well advised to amend the Rules providing for an opportunity to the affected general public to avoid any criticism on the Government. Such direction is required to be followed by the State Government and the State Election Commission. It would be advisable that the draft reservation should be published well in advance so that sufficient time is available for the members of the Gram Panchayat who may have objections or grievances against such reservation to raise a challenge
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NC: 2023:KHC:24397 WP No. 14349 of 2023 to such reservation. In that view of the matter, it is once again directed that the State Government and the State Election Commission shall conduct the exercise of rotation in reservation and publish a draft notification calling for objections. This would meet the requirement of providing sufficient opportunity to the members of the local bodies.
10. Nevertheless, since this Court has found that the respondent-District Election Officer has prepared the impugned notification after having followed the guidelines and the steps mandated therein, the prayer made in the writ petition cannot be acceded to.
Accordingly, the writ petition stands dismissed.
Sd/-
JUDGE JT/-