Karnataka High Court
Iramma W/O Mallikarjun vs The State Of Karnataka & Ors on 13 December, 2012
Author: S.Abdul Nazeer
Bench: S. Abdul Nazeer
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 13TH DAY OF DECEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE S. ABDUL NAZEER
WRIT PETITION Nos.86918-919/2012 (LB-RES),
W.P. No.86910/2012 (LB-ELE), W.P. No.86695/2012 (LB-
ELE), W.P. NO.86583-585/2012 AND W.P. NO.86609-
610/2012 (LB-ELE), W.P.NOS.86597-86600/2012 (LB-
ELE), W.P. NO.86402/2012 (LB-ELE), W.P. No.86469/2012
(LB-RES), W.P. NO.86484/2012 (LB-ELE), W.P.
NO.86347/2012 (LB-ELE), W.P. NO.86492/2012 AND
W.P. Nos.86505-506/2012 (LB-ELE), W.P.NO.86900/2012
(LB-RES), W.P. NO.86482/2012 (LB-RES),
W.P. NO.86470/2012 (LB-ELE), W.P. NO.86494/2012 (LB-
ELE), W.P. NO.86813/2012 (LB-ELE), W.P.NO.86916/2012
(LB-RES), W.P. NO.86408/2012 (LB-ELE), W.P.
NO.86559/2012 (LB-ELE), W.P. NO.86348/2012 (LB-ELE)
W.P. NOS.87224-225/2012 (LB-ELE) AND W.P.
NO.87328/2012 (LB-ELE)
IN W.P.Nos.86918-919/2012 (LB-RES)
BETWEEN:
1. Smt. Sushilabai
W/o. Sheru
Aged about 40 years
Occ: Agriculturist/household
And Elected Member of
Tengli Gram Panchayat [SC(W)]
R/o.Tengli, Tq: Chittapur
Dist: Gulbarga 585 103
2. Smt. Manikamma
W/o. Bhimraya Ningade
Aged about 42 years
2
Occ: Agriculturist/household
And Elected Member of
Tengli Gram Panchayat [Gen(W)]
R/o.Tengli, Tq: Chittapur
Dist: Gulbarga 585 103 .... PETITIONERS
(By Sri. Shivakumar Kalloor, Adv.)
AND:
1. The Deputy Commissioner
Gulbarga
Dist: Gulbarga 585 103
2. The State of Karnataka
Department of Panchayat Raj
Vidhan Soudha
Bangalore - 560 001
By its Secretary
3. The Gram Panchayat
Tengli, Tq: Chittapur
Dist: Gulbarga 585 103
Rep. by PDO .... RESPONDENTS
(By Sri. Manavendra Reddy, G.A. for R-1 and R-2)
These Writ Petitions are filed under Articles 226 &
227 of the Constitution of India, praying to quash the
notification at Annexure-H dated 10.10.2012 and etc.
---
IN W.P. No.86910/2012 (LB-ELE)
BETWEEN:
Smt. Chanbasamma
W/o. Chanabasappagouda
Aged about 65 years
Occ: Agriculturist/household
And Elected Member of
Manslapur Gram Panchayat
3
R/o. Manslapur
Tq: and Dist: Raichur .... PETITIONER
(By Sri. Shivakumar Kalloor, Adv.)
AND:
1. The Deputy Commissioner
Raichur
Dist: Raichur
2. The State of Karnataka
Department of Panchayat Raj
Vidhan Soudha
Bangalore
By its Secretary
3. The Gram Panchayat
Manslapur
Tq: and Dist: Raichur
Rep. by PDO
4. State Election Commission
Cunningham Road
Bangalore .... RESPONDENTS
(By Sri. Manavendra Reddy, G.A. for R-1 and R-2
Sri. P.S. Malipatil, Adv. for R-4)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the notification
at Annexure-H dated 13.10.2012 and etc.
---
IN W.P. No.86695/2012 (LB-ELE)
BETWEEN:
Iramma
W/o. Mallikarjun
Aged about 36 years
Occ: Agriculture
4
R/o.Mangalgi
Tq: Humnabad
Dist: Bidar 585 401 .... PETITIONER
(By Sri. Ananth S. Jahagirdar, Adv.)
AND:
1. The State of Karnataka
Rep. by the Secretary
Dept. of Rural Development
and Panchayat Raj
M.S. Building
Bangalore
2. Karnataka State Election Commission
Dr. Ambedkar Road
Bangalore - 1
3. The Deputy Commissioner
Bidar
Tq. & Dist: Bidar .... RESPONDENTS
(By Sri. Manavendra Reddy, G.A. for R-1 and R-3
Sri. P.S. Malipatil, Adv. for R-2)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the notification
at Annexure-C dated 10.10.2012 and etc.
---
IN WRIT PETITION NO.86583-585/2012 (LB-ELE)
AND
WRIT PETITION NO.86609-610/2012
BETWEEN:
1. Sujata
W/o Mantappa,
5
Age: 30 Years,
Occ: Member Gram Panchayat,
2. Aminabee
W/o Badesab,
Age: 32 Years,
Occ: Member Gram Panchayat,
3. Laxmi, W/o Neelappa,
Age: 30 Years,
Occ: Member Gram Panchayat,
All are R/o At post Bichali
Tq: & Dist: Raichur-584 140.
4. Narsimulu
S/o Dastgir
Age: 40 Years,
Occ: Member Gram Panchayat,
R/o: At post: Lingankhandoddi,
Tq: & Dist: Raichur-584 101.
5. Amrutabai
W/o Sathyanarayan
Age: 38 Years,
Occ: Member Gram Panchayat,
R/o: At post Ganadhal,
Tq: & Dist: Raichur-584 101.
.... PETITIONERS
(By Sri.Ameet Kumar Deshpande, Adv.)
AND:
1. The State of Karnataka
Represented by its Principal Secretary
Department of Panchayat Raj
And Dept. of Personnel and
Administrative Reforms,
M.S.Building, Bangalore-1.
2. The State Election Commission
Behind Karnataka State Co-op
6
Marketing Federation Building,
1st Floor, No.8, Cunningham Road,
Bangalore-52.
3. The Deputy Commissioner
Raichur-585101.
.... RESPONDENTS
(By Sri.Manavendra Reddy, GA FOR R-1 & 3
Sri P.S.Malipatil, Adv For R-2)
---
These Writ Petitions are filed under Articles 226 &
227 of the Constitution of India, praying to declare
Sec.44(2) (B) of Karnataka Panchayat Raj Act, 1993, Act
No.14/1993, in so far as it makes no provision for equal
distribution of reservations in all the talukas of the State,
as arbitrary, unreasonable and ultra-vires the constitution
of India..
---
IN WRIT PETITION NOS.86597-86600/2012 (LB-ELE)
BETWEEN:
1. Chandrakanth S/o Yallappa Mogha,
Age: 28 Years, Occ: Gram Panchayat Member,
Halchera Panchayat, Tq: Chincholi,
Dist: Gulbarga-585 103.
2. Hanmantha Rao
S/o Baswanth Rao Police Patil,
Age: 48 Years, Occ: Gram Panchayat Member,
Halchera Panchayat, Tq: Chincholi,
Dist: Gulbarga-585 101.
3. Nagamma W/o Hanmanth Rao
Age: 45 Years, Occ: Gram Panchayat Member,
Halchera Panchayat, Tq: Chincholi,
Dist: Gulbarga-585 103.
7
4. Daulat Bee W/o Nizam Patel
Age: 40 Years, Occ: Gram Panchayat Member,
Halchera Panchayat, Tq: Chincholi,
Dist: Gulbarga-585 104.
.... PETITIONERS
(By Sri.A.Vijay Kumar, Adv.)
AND:
1. State of Karnataka
Through Its Secretary
RDPR Department, Vidhana Souda,
Bangalore-01.
2. The Deputy Commissioner
Office of the Deputy Commissioner
Gulbarga-585101.
3. The Chief Executive Officer
Zilla Panchayat Gulbarga,
Gulbarga-585101.
4. The Secretary
Gram Panchayat Halchera
Tq: Chincholi-585 103.
5. The Secretary
Karnataka State Election Commission
Bangalore-01
.... RESPONDENTS
(By Sri.Manvendra Reddy, GA for R-1 & 2
Sri Ameet Kumar Deshpande, Adv for R-3 & 4
Sri P.S.Malipatil, Adv for R-5 )
These Writ Petitions are filed under Articles 226 &
227 of the Constitution of India, praying to quash the
notification dated 12.10.2012 by the Deputy Commissioner,
Gulbarga (Annexure-A), etc.
---
8
IN WRIT PETITION NO.86402/2012 (LB-ELE)
BETWEEN:
Shivappa
S/o Irappa Bajantri
Age: 40 years
Occ: agriculture,
Member of Kanmadi, Gram Panchayat,
R/o: at post: Kanmadi,
Tq: & Dist: Bijapur.
.... Petitioner
(by sri. Amaresh S. Roja, adv.)
And:
1. The Principle Secretary
Department Of Panchayati Raj
M.S.Building, Bangalore-01.
2. The State Election Commission
Cunningham road,
State Co-Operative Marketing
Federation Building
Bangalore-52,
Represented by its Under Secretary
3. The Deputy Commissioner,
Bijapur-586101.
4. The Tahasildar,
Bijapur Taluka,
Bijapur-586101.
5. The Panchayat Development
Officer,
Kanmadi Gram Panchayat,
Kanmadi,
9
tq: & Dist; Bijapur-586101. .... Respondents
(by Sri.Manvendra Reddy, GA for R-3 & R-4
Sri P.S.Malipatil, Adv for R-2)
---
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the notification
dated 8.10.2012 in No.NIL. under Annexure-F issued by the
3rd respondent.
IN WRIT PETITION NO.86469/2012 (LB-RES)
BETWEEN:
Pushapavati
W/o Baswaraj
Age: 35 years, Occ: Member
Gram Panchayat Nagura
R/o: Mirjapur (T)
Tq: Bidar-585 401. .... PETITIONER
(By Sri. Hanmanthraya Sindhol, Adv.)
AND:
1. State of Karnataka
Department of Law
Represented by its Law
Secretary Vidhana Soudha
Bangalore.
2. The Karnataka Panchayatraj
& Rural Development Department
Represented by its Principal
Secretary, M.S.Building
Bangalore.
3. Karnataka State Election Commission
10
represented by Election Commissioner
Behind Karnataka State
Marketing Board Building,
1st Floor, No.8 Cunningham Road,
Bangalore-52.
4. Deputy Commissioner
Gulbarga-585 401. .... RESPONDENTS
(By Sri.Manavendra Reddy, GA for R-1,2 & 4
Sri P.S.Malipatil, Adv for R-3)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash Annexure- D, E,
etc.
---
IN WRIT PETITION NO.86484/2012 (LB-ELE)
BETWEEN:
Mallappa
S/o Mudukappa,
Age: 34 Years,
Occ: Member of Umlihoosur G.P.,
R/o: Chikkakotnekal Village,
Tq: Manvi, Dist: Raichur. .... PETITIONER
(By Sri.Ashok S.Kinagi, Adv.)
AND:
1. The State of Karnataka
Represented by its Secretary
Panchayath Raj Department
Ambedkar Vidhi, Vikas Soudha
Bangalore-560001.
2. The Karnataka State Election Commission
Represented by its Secretary
Cubbon Park, Besides Press Club,
11
Bangalore-560001.
3. The Deputy Commissioner
Raichur, Tq: & Dist: Raichur-584104.
4. The Assistant Commissioner
Manvi, Tq: Manvi,
Dist: Raichur-584104. .... RESPONDENTS
(By Sri. Manavendra Reddy, GA FOR R-1, 3 & 4
Sri P.S.Malipatil, Adv For R-2)
---
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the impugned
notification dated 5.9.2012 issued by the 2nd respondent at
Annexure-A, etc, .
WRIT PETITION NO.86347/2012 (LB-ELE)
BETWEEN:
GODAVARI W/O CHANNABASAPPA
AGE: 50 YEARS, OCC: MEMBER,
GRAM PANCHAYAT AINOLLI
R/O: AINOLI, TQ: CHINCHOLI,
DIST: GULBARGA-585 307.
.... PETITIONER
(By Sri.HANMANTHRAYA SINDHOL, Adv.)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF LAW
REPRESENTED BY ITS LAW
SECRETARY VIDHANA SOUDHA
BANGALORE-560001.
2. THE KARNATAKA PANCHAYATRAJ
12
& RURAL DEVELOPMENT DEPARTMENT
REPRESENTED BY ITS PRINCIPAL
SECRETARY, M.S.BUILDING,
BANGALORE-560001.
3. KARNATAKA STATE ELECTION
COMMISSION REPRESENTED BY
ELECTION COMMISSIONER
BEHIND KARNATAKA STATE
MARKETING BOARD BUILDING,
1ST FLOOR, NO.8 CUNNINGHAM ROAD,
BANGALORE-52.
4. DEPUTY COMMISSIONER
GULBARGA-585 102.
.... RESPONDENTS
(By Sri.MANVENDRA REDDY, GA FOR R-1,2 & 4
Sri P.S.MALIPATIL, ADV FOR R-3)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to a writ of certiorari may
kindly be issued quashing Annexure- D, E & H. D: 2010
dated 14.05.2010, E: 2010-11 term president & vice
president. H: Karnataka Panchayat Raj Act, 1993.
---
IN WRIT PETITION NO.86492/2012
AND
WRIT PEITION NOS.86505-506/2012 (LB-ELE)
BETWEEN:
1. Sri Sharanabasappa
S/o Neelkanthrao Kalburgi
Age: 39 years,
occ: Agriculture & Member of
Gram Panchayat Salebirnalli,
R/o: Yempalli, Tq: Chincholi,
Dist: Gulbarga.
13
2. Smt. Sharadabai
W/O Tukkappa Madagi
Age: 36 Years, Occ: Household &
Member of Gram Panchayat Salebirnalli,
R/o: Salebirnalli, Tq: Chincholi,
Dist: Gulbarga.
3. Sri Veerappa
S/O Adeppa Bedar
Age: 43 Years, Occ: Agriculture &
Member Of Gram Panchayat Salebirnalli,
R/O: Salebiranalli, Tq: Chincholi,
Dist: Gulbarga .... petitioners
(by Sri.Amaresh S. Roja, adv.)
AND:
1. The Principle Secretary
Department Of Panchayati Raj
M.S.Building, Bangalore-01.
2. The State Election Commission
Cunningham road,
State Co-Operative Marketing
Federation Building
Bangalore-52,
Represented by its
Under Secretary
3. The Deputy Commissioner
Gulbarga
4. The Tahasildar
Chincholi Taluk, Chincholi
5. The Panchayat Development Officer
Salebiranalli Gram Panchayat
Salebiranalli, Tq. Chincholi
Dist: Gulbarga .... respondents
14
(by Sri.Manavendra Reddy, GA for R-1, 3 & 4
Sri P.S.Malipatil, Adv for R-3)
---
These Writ Petitions are filed under Articles 226 &
227 of the Constitution of India, praying to quash the
notification dated 12.10.2012 in No.NIL. under Annexure-E
issued by the 3rd respondent, etc..
IN WRIT PETITION NO.86900/2012 (LB-RES)
BETWEEN:
Sri.Ram S/o. Maruti Halase
Age: 39 years, occ: Gram Panchayat
Member, R/o. Saigaon, Tq: Bhalki
Dist: Bidar
.... PETITIONER
(By Sri. S. S. Mamadapur , Adv.)
AND:
1. The State of Karnataka
Represented by its Principal Secretary
Department of Personnel and Admin. Reforms
& Panchayat Raj Department
M.S.Building, Bangalore-560001
2. The State Election Commission
Residency Road
Bangalore - 560001
3. The Deputy Commissioner
Raichur - 585401
.... RESPONDENTS
(By Sri. Manavendra Reddy, GA for R1 & R3;
Sri. P. S. Malipatil, Adv. for R2)
15
IN WRIT PETITION NO.86482/2012 (LB-RES)
BETWEEN:
Tangamma
W/o Hanumanth,
Age: 50 Years,
Occ: House Wife,
R/o: Shavantgara, Tq: Devadurga,
Dist: Raichur.
.... PETITIONER
(By Sri. Chaitanya Kumar Chandriki, Adv.)
AND:
1. The State of Karnataka
Represented by its Secretary
Panchayath Raj Department
Ambedkar Vidhi, Vikas Soudha
Bangalore-560001.
2. The Karnataka State Election Commission
Represented by its Secretary
Cubbon Park, Besides Press Club
Bangalore-560001.
3. The Deputy Commissioner
Raichur, Tq: & Dist: Raichur-584104.
4. The Assistant Commissioner
Devadurga, Tq: Devadurga,
Dist: Raichur-584104. .... RESPONDENTS
(By Sri.Manavendra Reddy, GA for R-1,3, & 4
Sri P.S.Malipatil, Adv For R-2)
---
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying quash the impugned
16
notification dated 5.9.2012 issued by the 2nd respondent at
Annexure-A, etc.
IN WRIT PETITION NO.86470/2012 (LB-ELE)
BETWEEN:
Smt. Kalamma
W/o Gurunath Postannar
Age: 30 Years,
Occ: Grama Panchayat Member, Yagapur
R/o: Yagapur, Tq: Chittapur,
Dist: Gulbarga.
.... PETITIONER
(By Sri.M.M.Allur, Adv.)
AND:
1. The Secretary
State Election Commission,
Bangalore-560001.
2. The Deputy Commissioner
Gulbarga-585101.
3. The Chief Executive Officer,
Zilla Panchayat,
Gulbarga-585101.
4. The Assistant Commissioner
Sedam, Tq: Sedam,
Dist: Gulbarga-585101.
5. The Tahasildar,
Chittapur-585211.
6. The Executive Officer,
Taluka Panchayat,
Chittapur-585 211.
17
7. The Panchayat Development Officer
Gram Panchayat Yagapur Village,
Tq: Chittapur,
Dist: Gulbarga-585 218.
8. The Secretary
Grama Panchayat, Yagapur,
Tq: Chittapur,
Dist: Gulbarga-585218.
.... RESPONDENTS
(By Sri. P.S.Malipatil, Adv, for R-1,
Sri Manavendra Reddy, GA For R-2, 4 & 5
Sri S.S.Kumman, Adv for R-3, 6 & 7)
---
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order dated
10.10.2012 passed by the Deputy Commissioner Gulbarga,
at Annexure-H.
IN WRIT PETITION NO.86494/2012 (LB-ELE)
BETWEEN:
Indumatti
W/o. Raghunatha Gaikawad
Age: 35 years
occ: House Hold & Social Work
R/o. Nagau (K), Tq: Balaki,
Dist: Bidar
.... PETITIONER
(By Sri. M. Ashok Kumar, Adv.)
AND:
1. The State of Karnataka
represented by its Principal Secretary
Department of Panchayat Raj
Vidhan Soudha
Bangalore -1
18
2. The Karnataka Election Commission
Represented by its Commissioner
Behind Karnataka State Marketing Board
Building, 1st Floor
No.8 Cunningham Road
Bangalore-560 001
3. Deputy Commissioner
Bidar-585401 .... RESPONDENTS
(By Sri. Manavendra Reddy, GA for R1 & R3;
Sri. P. S. Malipatil, Adv. for R2)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to issue the writ of
certiorari quashing the impugned notification Annexure-D
(file No.GO/EL No.CR/44/2010-11 on 09.10.2012) which is
illegally in regard to the reservation of the seats for the post
of president as S.C.gens at Hulbarga Gaam Panchayat
Bhalki taluka, Bidar dist etc.
IN WRIT PETITION NO.86813/2012 (LB-ELE)
BETWEEN:
Shaiksab Munnabai
S/o Abdul Sab,
Age: About 34 Years,
Occ: Member of Jeerbandi G.P.,
R/o: D.Karadidudda Village,
Tq: Devadurga, Dist: Raichur-584104. .... PETITIONER
(By Sri.Chaitanya Kumar Chandriki, Adv.)
AND:
1. The State of Karnataka
Represented by its Secretary
Panchayath Raj Department
Ambedkar Vidhi, Vikas Soudha
Bangalore-560001.
19
2. The Karnataka State Election Commission
Represented by its Secretary
Cubbon Park, Besides Press Club,
Bangalore-560001.
3. The Deputy Commissioner
Raichur, Tq: & Dist: Raichur-584104.
4. The Assistant Commissioner
Devadurga, Tq: Devadurga,
Dist: Raichur-584104. .... RESPONDENTS
(By Sri.Manavendra Reddy, GA FOR R-1, 3 & 4
Sri P.S.Malipatil, Adv For R-2)
---
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the impugned
notification dated 5.9.2012 issued by the 2nd respondent at
Annexure-A, etc.
IN WRIT PETITION NO.86916/2012 (LB-RES)
BETWEEN:
Shantamma
W/o Yashwanth,
Age: 42 Years
Occ: House Hold,
& Gram Panchayat Member
R/o: Kolar (K),
Tq: & Dist: Bidar-585401.
.... PETITIONER
(By Sri.M.Ashok Kumar, Adv.)
AND:
1. State of Karnataka
Represented by its Principal Secretary
Department of Panchayath Raj
20
Vidhan Souda
Bangalore-1.
2. The Karnataka Election Commission
Represented by its Commissioner
Behind Karnataka State Marketing Board,
Building, 1st Floor No.8,
Cunningham Road,
Bangalore-585401.
3. Deputy Commissioner
Bidar-585401.
4. Chief Secretary
Zilla Panchayat Bidar.
5. The Shariculture and
Agriculture Assistant Director
Bidar-585401.
.... RESPONDENTS
(By Sri.Manavendra Reddy, GA for R-1, R-3, R-4 and R-5
Sri P.S.Malipatil, Adv For R-2)
---
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the impugned
notice Annexure-E, dated 21.11.2012 and etc.
IN WRIT PETITION NO.86408/2012 (LB-ELE)
BETWEEN:
Gundamma
W/o. Basappa
Age: 38 years
Occ: Member Grampanchayat
Kurubkhelagi
R/o. Kurubkhelagi, Tq: Bhalki
Dist: Bidar .... PETITIONER
21
(By Sri. Hanmanthraya, Adv.)
AND:
1. Karnataka State Election
Commissioner Represented by
Election Commissioner
Behind Karnataka State
Marketing Board Building
1st Floor, No.8 Cunningham Road
Bangalore - 52
2. Deputy Commissioner
Bidar - 585401
.... RESPONDENTS
(By Sri.P.S. Malipatil, Adv. for R1;
Sri. Manavendra Reddy, GA for R2)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash Annexure-D
2010-11 and etc.
IN WRIT PETITION NO.86559/2012 (LB-ELE)
BETWEEN:
Shivraj
S/o. Zareppa
Age: 25 years, Occ: Member
Grampanchayat Chimkod,
R/o. Kangati,
Tq: Bidar-585401.
.... PETITIONER
(By Sri. Hanmanthraya Sindhol, Adv.)
22
AND:
1. Karnataka State Election Commission
Represented by Election Commissioner
Behind Karnataka State
Marketing Board Building
1st Floor, No.8 Cunningham Road
Bangalore - 52
2. Deputy Commissioner
Bidar - 585401
.... RESPONDENTS
(By Sri. P.S. Malipatil, Adv. for R1;
Sri. Manavendra Reddy, GA for R2)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to a writ of certiorari may
kindly be issued quashing Annexure-F and etc.
---
IN WRIT PETITION NO.86348/2012 (LB-ELE)
BETWEEN:
Chandramma
W/o Basayya,
Age: about 50 Years
Occ: Member Gram Panchayat
and Agriculture,
R/o: Korvi, Tq: Manvi,
Dist: Raichur-584123.
.... PETITIONER
(By Sri. Ameet Kumar Deshpande, Adv.)
AND:
1. The State of Karnataka
Represented by its Principal Secretary
Department of Personnel and
23
Admin. Reforms
& Panchayat Raj Department
M.S.Building,
Bangalore-560001.
2. The State Election Commission
Represented by its Secretary
Behind Karnataka Co-op
Marketing Federation Building,
Cunningham Road,
Bangalore-6.
3. The Deputy Commissioner
Raichur-584101.
.... RESPONDENTS
(By Sri.Manvendra Reddy, GA FOR R-1 & 3
Sri P.S.Malipatil, Adv For R-2)
---
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the notification
dated 13.10.2012 bearing No. 2012-13, issued by the
Deputy Commissioner Raichur, the certified copy of which
is at Annexure-C.
IN WRIT PETITION NOS.87224-225/2012 (LB-ELE)
BETWEEN:
Smt. Meenakshi
W/o Dharamraj Yentman
Age: 25 Years, Occ: Agriculture,
Member of Gram Panchayat, Bagloor,
R/o: Bagloor, Tq; Sindagi,
Dist: Bijapur-586 128.
.... PETITIONER
(By Sri.J.Augustin, Adv.)
24
AND:
1. State of Karnataka through
Prl. Secretary for Rural Development
And Panchayath Raj Department
Vikasa Soudha
Bangalore-560001.
2. Chief Election Commissioner of Karnataka
State Election Commission Office,
KSCMF Building Annex # 8
Cunninghham Road,
Bangalore-560 052.
3. Prescribed Officer for Election
of Gram Panchayat Bagloor,
Tq: Sindagi, Dist: Bijapur.
Assistant Executive Engineer,
Panchayat Raj,
Sindagi, Dist: Bijapur-586 128.
4. Deputy Commissioner,
Bijapur-586 101.
5. Chief Executive Officer
Zilla Panchayat Bijapur-586 101.
6. Executive Officer Taluka
Panchayat Sindagi,
Dist: Bijapur-586128. .... RESPONDENTS
(By Sri.Manvendra Reddy, GA for R-1 & 4
Sri P.S.Malipatil, Adv, for R-2
Notice to R3, 5 and 6 dispensed with )
---
These Writ Petitions are filed under Articles 226 &
227 of the Constitution of India, praying to quash the
impugned notification Annexure-B Dated 5.10.2012
prescribing Gram Panchayat Bagloor Taluka Sindagi, Dist:
Bijapur as "Samanya" (General), etc.
25
IN WRIT PETITION NO.87328/2012 (ELE)
BETWEEN:
Smt. Sunanda
W/o. Amaresh
Aged about 28 years
Occ: Member of Gramapanchayath
Kannal Gramapanchayath
Taluk: Lingasugur
Dist: Raichur - 584 101 .... PETITIONER
(By Smt. Hema L.K., Adv.)
AND:
1. The State of Karnataka
through its Secretary
RDPR Department
Vidhana Soudha
Bangalore - 560 001
2. The Secretary
Karnataka State Election Commission
Bangalore - 01
3. The Deputy Commissioner
Office of the Deputy Commissioner
Raichur 584 101
4. The Chief Executive Officer
Zilla Panchayat
Raichur 584 101
5. The Secretary
Grama Panchayat
Kannal, Tq: Lingasugur
Dist: Raichur 584 101 .... RESPONDENTS
(By Sri. Manavendra Reddy, GA for R-1 and R-3
Sri. P.S. Mali Patil, Ad-. for R-2
26
Notice to R-4 and R-5 dispensed with)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the notification
dated 13.10.2012 as per Annexure-G issued by Respondent
No.2, etc.
---
These Writ Petitions coming on for Orders this day,
the Court made the following:
ORDER
In these cases, the petitioners have challenged the reservations and the allocation of seats to different categories of posts of Adhyaksha and Upadhyaksha in the ensuing elections to the Grama Panchayat.
2. I have heard the learned Counsel for the parties.
3. Sri. Ameet Kumar Deshpande, learned Counsel for the petitioners in W.P. Nos.86583-585/2012 and 86609- 610/2012 submits that the petitioners do not press the prayer relating to the challenge of constitutional validity to certain provisions of the Karnataka Panchayat Raj Act for the present. The submission of the learned Counsel for the 27 petitioners is placed on record. The contentions relating to constitutional validity is kept open.
4. Identical writ petitions were filed before the Principal Bench of this Court in W.P. No.44458/2012 and other connected matters (LAKSHMI DEVI AND OTHERS Vs. THE DEPUTY COMMISSIONER AND OTHERS). After considering the rival contentions of the learned Counsel for the parties, the Principal Bench of this Court has dismissed the said writ petitions on 3.12.2012. The point in issue in these writ petitions is squarely covered by the decision of this Court referred to above. For the reasons set out in the said decision, these writ petitions are also disposed of in similar terms. No costs.
Sd/-
JUDGE.
Cs/-