Karnataka High Court
Smt. Leelavathi vs State Of Karnataka on 12 July, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:24084
WP No. 13650 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 13650 OF 2023 (LB-ELE)
BETWEEN:
SMT. LEELAVATHI
W/O NAGARAJU H R
AGED ABOUT 26 YEARS,
R/AT NO. 142, HUSSAINPURA
VILLAGE AND POST,
NAGALAMADIKE HOBLI,
PAVAGADA TALUK,
TUMKURU DISTRICT-572136.
...PETITIONER
(BY SRI. NARASI REDDY G., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
Digitally signed
by JUANITA RURAL DEVELOPMENT AND PANCHAYAT
THEJESWINI RAJ DEPARTMENT,
Location: HIGH VIDHANA SOUDHA
COURT OF BANGALORE - 560001-
KARNATAKA
2. THE DIRECTOR AND THE WORKING
GOVERNMENT JOINT SECRETARY,
RURAL DEVELPMENT AND PANCHAYAT
RAJ DEPARTMENT
2ND FLOOR M.S BUILDING,
BANGALORE - 560001-
3. THE DEPUTY COMMISSIOENR
TUMKUR DISTRICT,
TUMKUR -572 102-
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NC: 2023:KHC:24084
WP No. 13650 of 2023
4. THE CHIEF EXECUTIVE OFFICER
TUMKUR ZILLA PANCHAYAT
TUMKUR DISTRICT
TUMKUR -572 102.
5. THE DISTRICT ELECTION OFFICER
TUMKUR DISTRICT
TUMKUR - 572 102.
6. THE STATE ELECTION COMMISSION
NO. 8, Ist FLOOR,
KSCMF BUILDING ANNEX,
CUNNINGHAM ROAD,
BANGALORE -560052.
REPRESENTED BY ITS SECRETARY,
7. THE RYAPTE GRAM PANCHAYATH
REP BY ITS SECRETARY (PDO)
PAVAGADA TALUK
TUMKUR DIST --572136.
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG ALONGWITH
SRI. SANTHOSH KUMAR M.B., HCGP FOR R1 TO R3 & R5
SRI. VIKRAM H BHAT., ADVOCATE FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R6)
V/O DT. 04.07.2023, NOTICE TO R4 & R7 IS D/W.
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
RESERVATION LIST FOR THE SECOND TERM PRESIDENT AND
VICE PRESIDENT POST IN RESPECT OF RYAPTE GRAM
PANCHAYAT, PAVAGADA TALUK, TUMKUR DISTRICT BY THE R5
ELECTION OFFICER, TUMKUR DISTRICT DTD 21.06.2023 AS
PER ANNEXURE-G WHEREIN, THE RESERVATION FOR THE
UPCOMING GRAM PANCHAYAT ELECTIONS FOR THE RYAPTE
GRAM PANCHAYAT AND OTHER GRAM PANCHAYATS HAS BEEN
NOTIFIED AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:24084
WP No. 13650 of 2023
ORDER
R.DEVDAS J., (ORAL):
The grievance of the petitioner is that in Ryapte Grama Panchayat of Pavagada Taluk, Tumakur District, reservation to the post of Adhyaksha in the category of Scheduled Tribe (woman) was never given commencing from 1993, till date. On the other hand, reservation was provided for Scheduled Caste (woman) twice earlier and in the impugned notification once again reservation is given for Scheduled Caste (woman) for the post of Adhyaksha.
2. Learned Additional Advocate General submits that in terms of the guidelines governing the rotation in reservation which is in the form of a Government Order dated 25.05.2023, the Election Officer-cum-Deputy Commissioner, is required to consider the rotation in reservation amongst the Scheduled Caste categories first. It is pointed out that in Ryapte Grama Panchayt out of 15 members, 4 belong to Scheduled Caste community and 2 belong to Scheduled Tribe community. Only one amongst -4- NC: 2023:KHC:24084 WP No. 13650 of 2023 them is reserved for BCA and 8 General Merit candidates. While working out the rotation in reservation in terms of the guidelines, the first step that is required to be done is to identify the Grama Panchyatas in the Taluk which are required to be assigned reservation of Scheduled Caste categories.
3. Having regard to the population and the previous occasion when the post of Adhyaksha of Ryapte Grama Panchayat and the other Grama Panchayats are concerned, it was found that the this time Ryapte Grama Panchayat is required to be given Scheduled Caste reservation. It is only after assigning the reservation of Scheduled Castes amongst the Grama Panchayats in the Taluk, the next step would be to consider to providing reservation to Scheduled Tribe category.
4. In the present case, as stated hereinabove, since the first step was to identify the Grama Panchayat where Scheduled Caste reservation is to be provided and while undertaking that exercise, having regard to the population -5- NC: 2023:KHC:24084 WP No. 13650 of 2023 and the total number of posts reserved in Ryapte Grama Panchayat, which shows that 4 members belong to Scheduled Caste community and the process of rotation in reservation suggested that the reservation this time has to be provided for Scheduled Caste category, the Election Officer and Deputy Commissioner has proceeded to concur with the results given by a computerized system.
5. Learned Additional Advocate General has submitted in the very beginning itself, that the entire process of rotation in reservation is now done by a computerized system which is known as 'GPPVP application'. It is submitted that the entire process has been computerized so that there is no human intervention. Even after computerization, there may be certain cases where the Election Authority is confronted with more than one constituency standing on equal footing. Only in those circumstances, the Election Authority is permitted to use the method of lottery in terms of clause 3(vi) of the -6- NC: 2023:KHC:24084 WP No. 13650 of 2023 Government Order dated 25.05.2023 issued by the State Election Commission.
6. Having heard the learned Counsel for the petitioner, learned Additional Advocate General and on perusing the petition papers, this Court finds that the respondent-Election Officer-cum-Deputy Commissioner, Tumakur District has followed the guidelines contained in Government Order dated 25.05.2023. Moreover, since the process of rotation in reservation is now computerized and much of the work is done through a computerized process, no fault can be found in the impugned notification.
7. Consequently, the writ petition stands dismissed.
Sd/-
JUDGE DL