Karnataka High Court
Sri.Imran S/O Rafiq Ahmed Momin vs The State Of Karnataka on 10 December, 2018
Author: R Devdas
Bench: R Devdas
1
IN THE HIGH COU RT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 10 T H DAY OF DECEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE R DEVDA S
W.P.NOS.105750-754/2018 (LB-ELE)
C/W.
WP NOS.106080/2018, 106079/2018, 105820/2018,
106129/2018, 105813-814/2018, 105747/2018,
105746/2018, 105720/2018, 105718/2018,
105697/2018, 105645/2018, 105811/2018,
105844/2018, 105812/2018, 105964/2018,
105971/2018, 105890/2018, 105992-994/2018,
105843/2018 & 105880-882/2018, 106097/2018,
106013/2018, 106313-314/2018, 106228/2018,
106012/2018, 105963/2018, 106762/2018 AND
107006/2018 (LB-ELE)
IN W.P.NOS.105750-754/2018 (LB-ELE)
BETWEEN:
1. PARVA THAMMA W/O DURGESH
AGE.32 Y EARS, OCC. AGRICULTURE,
R/O SHARANABASAVESHWAR CAMP,
WARD NO.13, GANGAVATHI,
DIST. KOPPAL.
2. BHIMAWWA W/O RANGAPPA HADIMANI
AGE.55 Y EARS, OCC. AGRICULTURE,
R/O LINGARAJ CAMP, WA RD NO.12,
GANGAVATHI, DIS T. KOPPAL.
3. ABIDA BEGAUM W/O MOULA HUSSAIN
AGE.42 Y EARS, OCC. AGRICULTURE,
2
R/O WARD NO.23, CHALAWADI ONI,
GANGAVATHI, DIS T. KOPPAL.
4. AFSANA BEGAUM W/O FAROOQ
AGE.25 Y EARS, OCC. AGRICULTURE,
R/O ANGADI SANGANNA CAMP,
WARD NO.9, GANGAVATHI,
DIST. KOPPAL.
5. SHAMEEDSAB S/O MEHABOOB SAB MANIYAR
AGE.43 Y EARS, OCC. BUSINESS ,
R/O WARD NO.25, UPPAR ONI,
GANGAVATHI, DIS T. KOPPAL.
... PETITIONERS
(BY SRI. SADIQ N GOODWALA, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
REPRESENTED BY ITS UNDER
SECRETARY ,
URBAN DEVELOPM ENT DEPARTMENT,
VIKASSOUDHA, BENGALURU-01.
2. THE S TA TE ELECTION COMMISSIONER,
NO.08 1 S T FLOOR,
KSCMF BUILDING ANNEX
CUNNINGHAM ROAD,
BENGALURU-560 052,
KARNATAKA .
3. THE DEPU TY COMMISSIONER
& DISTRCIT RETU RNING OFF ICER,
KOPPAL, KOPPAL DIST.
4. THE RETURNING O FFICER,
GANGAVATHI, CITY MUNICIPAL COU NCIL
GANGAVATHI, TQ. GANGAVATHI,
DIST. KOPPAL.
5. GANGAVATHI CITY MUNICIPAL
COUNCIL,
3
BY ITS COMMISSIONER GANGAVATH I,
TQ. GANGAVATH I, DIST. KOPPAL.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 AND R.3, SM T. K VIDYAVATH I,
ADVOCATE FOR R.2)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITU TION OF
INDIA, PRAYING TO QUASH THE NOTIFICA TION
BEARING NO .U DD NO.UDD 82 MLR 2018(1)
BVENGALURU DATED:03.09.2018 ISSUED BY THE
RESPONDENT NO.1 IN SO FAR AS GANGAVATHI CMC IS
CONCERED VIDE ANNEXURE-"B", ETC.,
IN WP NO.106080/2018:
BETWEEN:
SMT.SUDHA W/O . SOMANATH,
AGE:25 Y EARS, OCC:HOUSEHOLD WORK,
R/O. WARD NO.23, NEAR ERANNA TEMPLE,
AMBEDKAR NAGAR, GANGAVATHI-583 227,
DIST:KOPPAL.
... PETITIONER
(BY SRI. NEELEND RA.D.GUNDE, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA ,
DEPARTMENT OF URBAN DEVELOPM ENT,
VIKAS SOUDHA, DR B R AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS PRINCIPAL SECRETARY .
2. UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPM ENT,
VIKAS SOUDHA, DR B R AMBEDKAR VEEDHI,
BENGALURU-560 001.
4
3. THE DEPU TY COMMISSIONER,
KOPPAL DIS TRICT, DC OFFICE COMPLEX,
HOSPET ROAD, KOPPAL-583 231.
4. THE CITY MUNICIPAL COUNCIL,
GANGAVATHI, NEA R KS RTC BUS S TA ND,
GANGAVATHI-583 227, DIS T:KOPPAL,
REPRESENTED BY ITS COMMISSIONER.
5. THE KARNA TAKA S TA TE ELECTION COMMISSION,
NO.8,1S T F LOOR, KSCMF BUILDING ANNEXE,
CUNNINGHAM ROAD,
BENGALURU-560 001,
REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.3, R.4 SERVED,
SMT. VIDYAVA THI K, ADVOCATE FOR R.5)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE NOTIF ICATION BEARING
NO.UDD 82 MLR 2018(1), BANGALORE
DATED:03.09.2018 ISSUED BY THE 2ND RESPONDENT
IN SO FAR IT RELATES TO CITY MUNCIPAL COUNCIL,
GANGAVATHI, VIDE ANNEXURE-D AND THEREBY
DIRECTING THEM TO ISSUE FRESH NOTIF ICA TION OR
ORDER FOR FIXING THE RES ERVATION FOR THE
OFFICE OF PRESIDENT AND VIDE- PRESIDENT OF CITY
MUNICIPAL COUNCIL, GANGAVATHI, I.E., RESPONDENT
NO.4 BY RESERVING THE OFFICE O F THE PRES IDENT
AND VICE PRESIDENT IN ACCORDANCE WITH LAW.
AND ETC.,
IN WP NO.106079/2018:
BETWEEN:
SRI. S . R. KALMA TH (UMESH)
AGED: 43 YEARS ,
5
COUNCILOR, WARD NO.2,
SHIGGAON,
TOWN MUNICIPAL COUNCIL,
SAVANUR, D IS T: H AVERI.
... PETITIONER
(BY SRI. MRU TYUNJAYA TATA BANGI, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
REP. BY ITS UNDER SECRETARY ,
DEPARTMENT OF URBAN DEVELOPM ENT,
M.S. BUILDING,
BENGALURU.
2. THE DEPU TY COMMISSIONER
HAVERI DIS TRICT, HAVERI.
3. THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL,
SAVANUR, HAVERI DIS TRICT.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 AND R.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE ORDER PASSED BY THE 1S T
RESPONDENT BEARING NO. UDD 82 MLR 2018(2)
BENGALURU DATED:03.09.2018 EARMARKING THE
POST OF PRES IDENT AND VICE-PRES IDENT OF
SAVANUR TOWN MUNICIPAL CO UNCIL, GENERAL
(WOMEN), COPY A S PER ANNEXURE- B, IN SO FAR AS IT
RELA TES TO SAVANUR TMC A T 103 AND DIRECT THE
RESPONDENT NO.1 AND 2 TO RESERVE THE EITHER
THE POS T OF PRESIDENT OR VICE-PRESIDENT TOWN
MUNICIPAL COU NCIL, SAVANUR TO BCB AND
CONDUCT THE ELECTION TO THE POST OF PRESIDENT
OR VICE-PRESIDENT OF TOWN MUNICIPAL COUNCIL,
SAVANUR, D IS T: H AVERI ETC.,
6
IN WP NO.105820/2018:
BETWEEN:
SURESH S/O CHA NDRU HIPPARGI
AGE: 40 YEARS , OCC: HOUSEHOLD,
R/O: #2124, BANH ATTI,
RABKAVI-BANHA TTI, BAGALKO T.
... PETITIONER
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
DEPARTMENT OF URBAN DEVELOPM ENT,
REPRESENTED BY ITS SECRETARY,
M.S. BUILDING, BENGALURU.
2. THE DIRECTOR
MUNICIPAL ADMINIS TRA TION,
VISHWANA TH TOWER,
DR.AMBEDKAR ROAD, BENGLAURU .
3. THE DEPU TY COMMISSIONER
BELAGAVI.
4. THE ASSIS TANT COMMISSIOENR,
BELAGAVI SUB-DIVISION,
BELAGAVI.
5. THE CITY MUNICIPAL COUNCIL
REPRESETNED BY ITS COMMISSIONER,
RAMDURG,
TQ & DIS T: BELAGAVI.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE NO TIF ICA TION NO. UDD 82
7
MLR 2018(1) DATED:03.09.2018 VIDE ANNEXURE-G
WITH RESPECT TO THE PETITONER I.E. RABKA VI-
BANHATTI AND DIRECT TH E RESPONDENTS TO
CONSIDER THE CATEGORY OF THE PETITIONER FOR
THE POS T OF PRESIDENT IN RABKA VI-BANHA TTI TOWN
MUNICIPAL COUNCIL, ETC.,
IN WP NO.106129/2018:
BETWEEN:
SMT.SHILPA W/O SUBHASH NAIK
AGE: 27 YEARS ,
OCC: HOUSEHOLD WORK AND
MEMBER OF CITY MUNICIPAL
COUNCIL KARWAR,
R/O: NO.3185, NA GWADA BAAD,
POST NANDANAGADDA, KARWAR,
HABBUWADA, DIST: U TTA R KANNADA.
... PETITIONER
(BY SRI. SHIVRAJ S BALLOLI, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
URBAN DEVELOPM ENT DEPARTMENT,
AMBEDKAR VEEDHI, VIDHANA SOUDHA,
BENGALURU-560 001, REP. BY ITS
UNDER SECRETARY.
2. KARWAR CITY MUNICIPAL COUNCIL,
KARWAR, TQ : KARWAR,
DIST: U TTA RA KANNADA-581 301,
REPRESENTED BY ITS COMMISSIONER.
3. THE KARNA TAKA S TA TE ELECTION
COMMISSION
CUNNINGHAM ROAD,
BENGALURU-560 001,
8
REPRESENTED BY THE
CHIEF ELECTION COMMISSIONER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1, SM T. K VIDYAVATI,
ADVOCATE FOR R.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE IMPUGNED NOTIFICA TION
BEARING NO.UDD 82 MLR 2018(1), BANGALORE
DATED:03.09.2018 ISSUED BY 1ST RESPONDENT AT
ANNEXURE-"C" IN SO FAR AS IT RELA TES TO
RESPONDENT NO.2 KARWAR CITY M UNICIPAL COUNCIL
AT SL.NO.30 ETC.,
IN WP NOS.105813-14/2018:
BETWEEN:
1. GEETA W/O NAGARAJ
AGE: 32 YEARS ,
OCC: HOUSEHOLD WORK,
COUNCILOR OF WARD NO.6,
KUDATHINI TOWN PANCHAYAT,
KUDATHINI, TQ & DIST: BALLARI.
2. KANAKERI PAMPA THI
S/O KANAKERI SUNKAPPA
AGE: 30 YEARS , OCC: AGRICULTURE,
COUNCILOR OF WARD NO.8,
KUDATHINI TOWN PANCHAYAT,
KUDATHINI, TQ & DIST: BALLARI.
... PETITIONERS
(BY SRI. F V PA TIL, ADVOCA TE)
9
AND:
1. THE S TA TE OF KA RNATAKA
REP. BY UNDER S ECRETARY TO
GOVERNMENT,
URBAN DEVELOPM ENT DEPARTMENT,
M.S. BUILDING,
AMBEDKAR VEEDHI,
BENGLAURU.
2. THE ELECTION CO MMISSION
REP. BY ITS COM MISSIONER,
BENGALURU.
3. KUDATHINI TOWN PANCHAYAT
REP. BY ITS CHIEF OFFICER,
KUDATHINI, TQ & DIST: BALLARI.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1, SM T. K VIDYAVATI,
ADVOCATE FOR R.3)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITU TION OF
INDIA, PRAYING TO DECLARE THAT SECTION 42(2-A)
OF THE KARNA TAKA MUNICIPALITIES ACT, 1964 IS
UNCONSTITU TIONAL AND THE SAME IS LIABLE TO BE
STRUCK DOWN AND QUASH THE IMPUGNED
NOTIF ICA TION DA TED:03.09.2018 BEARING NO.UDD 82
MLR 2018(3) , BANGALORE PASSED BY THE
RESPODNENT NO.1 VIDE ANNEXURE-E, SO FAR IT
RELA TES TO THE ALLOTMENT OF OFFICE OF THE
PRESIDENT TO SCHEDULED CASTE (WOMAN) AND
OFFICE OF THE VICE PRESIDENT TO SCHEDULED
TRIBES (WOMAN) IN RES PECT OF 3RD RESPONDENT
GRAM PANCHAYAT IS CONCERNED, SO FOR
PETITIONERS IS CONCERNED, ETC.,
10
IN WP NO.105747/2018:
BETWEEN:
SRI. K. GANGADHARSWAMI HIREMATH
S/O KARABASAYYA
AGE:46 Y EARS, OCC:AGRICULTU RE,
R/O KUS TAGI, TQ :KUSTAGI,
DIST:KOPPAL.
... PETITIONER
(BY SRI. SHIVARAJ P MUDHOL, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF URBAN DEVELOPM ENT
M.S.BUILDING, BA NGALURU.
2. THE DEPU TY COMMISSIONER
KOPPAL, DIS T:KOPPAL.
3. THE TOWN MUNCIPAL COUNCIL
KUSTAGI, TQ :KUS TAGI,
DIST:KOPPAL,
REPRESENTED BY ITS CHIEF OFFICER.
4. THE TAHASILDAR KUSTAGI
AND RETURNING OFFICER
PRESIDENT AND VICE PRESIDENT ELECTION
TOWN MUNCIPAL COUNCIL KUS TAGI
TQ:KUS TAGI, DIS T:KOPPAL.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1, R.2 AND R.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 OF THE CONSTITU TION OF INDIA, PRAYING TO
QUASH TEH IMPUGNED NOTIF ICA TION IN NO.UDD 82
MLR 2018(2) BANGALORE DATED:03.09.2018 ISSUED
BY THE 1S T RES PONDENT VIDE ANNEXURE-B. A T ITEM
11
NO.70 SO FAR AS PETITIONER IS CONCERNED . AND
DIRECT THE RESPONDENTS NO.1 AND 2 RECONSIDER
THE RES ERVA TION FIXED TO THE POS T OF
PRESIDENT AND VICE PRESIDENT IN REPSECT OF 4TH
RESPONDENT MUNICIPALITY AND TO RESERVE TH E
POST OF PRESIDENT TO THE BCB CA TEGORY
CANDIDATE BY CONSIDERING THE REPRESENTA TIONS
DATED:05.09.2018, ETC.,
IN WP NO.105746/2018:
BETWEEN:
SHRI. CHANDRASHEKHAR
S/O. MURGIEPPA BURUD,
AGE: 47 YEARS , OCC: BUSINESS
AND MEMBER OF TOWN PANCHAYATH,
RAIBAG,
R/O: RAIBAG, TQ: RAIBAG,
DIST: BELAGAVI - 591 317.
... PETITIONER
(BY SRI. SACHIN S MAGADUM, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA ,
URBAN DEVELOPM ENT DEPARTMENT,
AMBEDKAR VEEDHI, VIDHANA
SOUDHA, BENGALURU - 560 001,
REPRESENTED BY ITS UNDER
SECRETARY .
2. RAIBAG TOWN PANCHAYATH,
RAIBAG, TQ : RAIBAG,
DIST: BELAGAVI - 591 317,
REP. BY ITS CHIEF OFFICER.
3. THE KARNA TAKA S TA TE ELECTION
COMMISSION
CUNNINGHAM ROAD,
12
BENGALURU - 560 001,
REPRESENTED BY THE
CHIEF ELECTION COMMISSIONER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1, SM T. K VIDYAVATI,
ADVOCATE FOR R.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE IMPUGNED NOTIFICA TION
BEARING NO.UD D 82 MLR 2018(1) BANGALORE,
DATED:03.09.2018 ISSUED BY 1ST RESPONDENT AT
ANNEXURE-"D" IN SO FAR AS IT RELA TES TO
RESPONDENT NO.2 RAIBAG TOWN PANCHAYATH AT
SL.NO.71, ETC.,
IN WP NO.105720/2018:
BETWEEN:
SURESH S/O SHIVALINGAPPA KAMBLE
AGE: 42 YEARS , OCC: COOLIE,
R/O: WARD NO.2,
KAMBLE GALLI, M UDHOL,
TQ: MUDHOL, DIS T: BAGALKOT.
... PETITIONER
(BY SRI. C R H IREMATH, ADVOCA TE)
AND:
1. THE S TA TE OF KA RNATAKA
REPTD BY ITS UNDER SECRETARY ,
DEPARTMENT OF URBAN DEVELOPM ENT,
M.S. BUILDING, BENGLAURU.
2. THE DEPU TY COMMISSIONER
BAGALKOT, DIS T: BAGALKOT.
13
3. THE CHIEF OFFICER
MUDHOL CITY MUNICIPAL COUNCIL,
MUDHOL TALUK,
BAGALKOT D IS TRICT.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 AND R.2, R.3 S ERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE IMPUGNED NOTIFICA TION
DATED:03.09.2018 BEARING NO.UDD 82 MLR 2018(1)
BANGALORE ISSUED BY RESPOND ENT NO.1, VIDE
ANNEXURE-"A" IN SO FAR AS RESERVATION MADE TO
THE POS T PRESIDENT OF THE MUDHOL CITY
MUNICIPAL COUNCIL, MUDHOL IN FAVOUR OF SC
WOMEN AT SL.NO.36 IS CONCERNED AND DIRECT THE
RESPONDENT NO .1 TO RESERVE THE POST OF
PRESIDENT OF THE MUDHOL CITY MUNICIPAL
COUNCIL, MUDHOL IN FAVOUR OF THE SC
CATERGORY, ETC.,
IN WP NO.105718/2018:
BETWEEN:
KUMAR S/O YEGA PPA PAMMAR
AGE: 27 YEARS , OCC: COOLIE,
R/O: #74, WARD NO.09,
APMC LAMANI THA NDA NO.1,
MUDHOL, TQ : MU DHOL,
DIST: BAGALKOT.
... PETITIONER
(BY SRI. PAVAN B DODDATTI, ADVO CATE)
14
AND:
1. THE S TA TE OF KA RNATAKA
REPTD BY ITS UNDER SECRETARY ,
DEPARTMENT OF URBAN DEVELOPM ENT,
M.S. BUILDING,
BENGLAURU.
2. THE DEPU TY COMMISSIONER,
BAGALKOT,
DIST: BAGALKOT.
3. THE CHIEF OFFICER
MUDHOL CITY MUNICIPAL COUNCIL,
MUDHOL TALUK,
BAGALKOTE DIS TRICT.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 AND R.2, NOTICE TO R.3 S ERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE IMPUGNED NOTIFICA TION
DATED:03.09.2018 BEARING NO.UDD 82 MLR 2018(1)
BANGALORE ISSUED BY RESPOND ENT NO.1, VIDE
ANNEXURE-"A" IN SO FAR AS RESERVATION MADE TO
THE POS T PRESIDENT OF THE MUDHOL CITY
MUNICIPAL COUNCIL, MUDHOL IN FAVOUR OF SC
WOMEN AT SL. NO.36 IS CONCERNED AND DIRECT
THE RESPONDENT NO .1 TO RESERVE TH E POS T OF
PRESIDENT OF THE MUDHOL CITY MUNICIPAL
COUNCIL, MUDHOL IN FAVOUR OF THE SC
CATERGORY, ETC.,
IN WP NO.105697/2018:
BETWEEN:
JAYAPRAKASH NAGAPPA KARAJAGI
AGE: 47 YEARS ,
15
OCC: DR./COUNCILLOR,
TOWN MUNCIPAL COUNSIL,
SANKESHWAR,
R/O: SANKESHWA R-591 313,
TQ: HUKKERI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. B S KAMATE, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
BY ITS UNDER SECRETARY TO GOVERNMENT,
URBAN DEVELOPM ENT DEPARTMENT,
M.S. BUILDING,
BENGLAURU-560 001.
2. THE TOWN MUNCIPAL COUNCIL SANKESHWAR
BY ITS CHIEF OFF ICER,
SANKESHWAR-591 313,
TQ: HUKKERI, DIS T: BELAGAVI.
3. THE DEPU TY COMMISSIONER
BELAGAVI-590 001,
DIST: BELAGAVI.
4. THE TAHASHILDAR
TALUK: HUKKERI- 591 309,
BELAGAVI.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1, R.3 AND R.4,
NOTICE TO R.2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE IMPUGNED NOTIFICA TION
BEARING NO .UDD 82 MLR 2018(2), BENGALURU
DATED:03.09.2018 ISSUED BY THE 1ST RES PONDENT
VIDE ANNEXU RE- E IN SO FAR AS CATEGORY OF
16
RESERVA TION SH OWN/ALLO TTED TO THE OFFICE OF
PRESIDENT OF SANKESHWAR TOWN MUNICIPAL
COUNCIL/2ND RESPONDENT IS CONCERNED AND
DIRECT THE 1S T RESPODNENT TO RESERVE THE
OFFICE OF THE PRESIDENT OF THE SANKESHWAR
TMC/ 2ND RES PONDENT TO G -CATEGORY (I.E.
GENERAL), ETC.,
IN WP NO.105645/2018:
BETWEEN:
PRAKASH
S/O SHEKHAPPA BURADIKATTI
AGE.31 Y EARS, OCC. AGRI,
R.O CHAALAMARADESHWAR ANGAR
NEAR S IBARGATTI, RANEBENNUR
DIST. HAVERI.
... PETITIONER
(BY SRI. DINESH M KULKARNI, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
BY ITS SECRETARY,
DEPT. OF URBAN DEVELOPMENT
M.S. BUILDING, BANGALORE.
2. THE DIRECTOR OF MUNICIPAL
ADMINISTRATION
VISHWESHWARAIH TOWER
DR. AMBEDKAR ROAD, BANGALORE.
3. THE DEPU TY COMMISSIONER
HAVERI DIS TRICT, HAVERI.
4. THE ASSIS TANT COMMISSIONER
HAVERI SUB-DIVIS ION, HAVERI
17
5. THE CITY MUNICIPAL COUNCIL
RANEBENNU R,
REP. BY ITS COM MISSIONER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO Q UASH NOTIFICA TION ISSUED BY
RESPONDENT NO.1 VIDE GAZZETTE NO TIFICA TION
BEARING NO.UDD 82 MLR 2018 (1) , BANGALORE, DTD :
03.09.2018 VIDE ANNEXURE- E IN S O FAR AS FOR TH E
POST OF PRESIDENT OF CMC RANEBENNUR, ETC.,
IN WP NO.105811/2018:
BETWEEN:
SRI. SHANTAPPA H OSAMANI S/O
LATE SANGAPPA H OSAMANI,
AGE: 52 YEARS ,
R/O: 1271/4, MAIN BAZAR,
WARD NO.3, HUNGUND,
DIST: BAGALKOT.
... PETITIONER
(BY SRI. J S SHETTY , ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
BY ITS SECRETARY TO GOVERNMENT,
URBAN DEVELOPM ENT DEPARTMENT,
VIKAS SOUDHA, BENGALURU.
2. THE DEPU TY COMMISSIONER
BAGALKOT,
DIST; BAGALKOT
18
3. HUNGUND TOWN MUNICIPAL COUNCIL
HUNGUND,
DISTRICT : BAGALKOT.
REPRESENTED BY ITS CHIEF OFFICER
4. AFZALPUR TOWN MUNICIPAL COUNCIL,
AFZALPUR, GULBA RGA DIS TRICT.
REPRESENTED BY ITS CHIEF OFFICER
5. ALAND TOWN MUNICIPAL COUNCIL,
ALAND, DIS TRICT : GULBARGA.
REPRESENTED BY ITS CHIEF OFFICER
6. ANEKAL TOWN MU NICIPAL COUNCIL,
BENGALURU RU RAL DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER,
7. ANKOLA TOWN MUNICIPAL COUNCIL
ANKOLA,
DISTRICT : U TTA RA KANNADA
REPRESENTED BY ITS CHIEF OFFICER
8. ANNIGERI TOWN M UNICIPAL COUNCIL,
ANNIGERI, GADAG DIS TRICT.
REPRESENTED BY ITS CHIEF OFFICER
9. ATHANI TOWN MU NICIPAL COUNCIL
ATHANI, BELAGAVI
REPRESENTED BY ITS CHIEF OFFICER
10. ATTIBELE TO WN M UNICIPAL COUNCIL,
ATTIBELE, DIS TRICT : TUMKUR.
REPRESENTED BY ITS CHIEF OFFICER
11. BADAMI TOWN MUNICIPAL COUNCIL,
BADAMI, DIS TRICT : BAGALKO T.
REPRESENTED BY ITS CHIEF OFFICER
12. BAGEPALLI TOWN MUNICIPAL COUNCIL,
BAGEPALLI, DIS TRICT : KOLAR,
REPRESENTED BY ITS CHIEF OFFICER
19
13. BAILHONGAL TOWN MUNICIPAL COUNCIL,
BAILAHONGALA,
DISTRICT : BELAG AVI.
REPRESENTED BY ITS CHIEF OFFICER
14. BANGARPET TOWN MUNICIPAL COUNCIL,
BANGARPET, KOLA R DIS TRICT.
REPRESENTED BY ITS CHIEF OFFICER
15. BANKAPUR TOWN MUNICIPAL COUNCIL,
BANKAPUR, DIS TRICT : HAVERI.
REPRESENTED BY ITS CHIEF OFFICER
16. BANNUR TOWN MUNICIPAL COUNCIL,
BANNUR, DIS TRICT : MYSORE
REPRESENTED BY ITS CHIEF OFFICER
17. BANTWAL TOWN M UNICIPAL COUNCIL,
BANTAWAL, DIS TRICT :MANGALURU.
REPRESENTED BY ITS CHIEF OFFICER
18. BASAVANA BAGEWADI TOWN
MUNICIPAL COUNCIL,
BASAVANA BAGEWADI,
DISTRICT : BIJPAU R.
REPRESENTED BY ITS CHIEF OFFICER
19. BELUR TOWN MUNICIPAL COUNCIL,
BELUR, DIS TRICT : HASAN,
REPRESENTED BY ITS CHIEF OFFICER
20. BHALKI TO WN MU NICIPAL COUNCIL,
BALKI, DIS TRICT : BIDAR,
REPRESENTED BY ITS CHIEF OFFICER
21. BHATKAL TOWN MUNICIPAL COUNCIL
BHATKAL, U TTA RA KANNADA
REPRESENTED BY ITS CHIEF OFFICER
22. BIDADI TOWN MUNICIPAL COUNCIL,
BIDADI, D IS TRICT : RAMANAGAR,
REPRESENTED BY ITS CHIEF OFFICER
20
23. BIRUR TOWN MUNICIPAL COUNCIL,
BIRUR, D IS TRICT : CHIKKAMAGALURU.
REPRESENTED BY ITS CHIEF OFFICER
24. BOMMASANDRA TOWN MUNICIPAL COUNCIL,
BOMMASANDRA, BENGALURU RURAL DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
25. BYADAGI TOWN M UNICIPAL COUNCIL,
BYADAGI, DIS TRICT : HAVERI.
REPRESENTED BY ITS CHIEF OFFICER
26. CHANDAPURA TO WN MUNICIPAL CO UNCIL,
CHANDAPUR,
REPRESENTED BY ITS CHIEF OFFICER
27. CHANNAGIRI TOWN MUNICIPAL COUNCIL,
CHANNAGIRI, TUMKUR DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER.
28. CHANNARAYAPATNA TOWN MUNICIPA L COUNCIL,
CHANNARAYAPATNA, RAMANAGAR DISTRICT,
REPRESENTED BY ITS CHIEF OFFICER.
29. CHIKKANAYAKANAHALLI TOWN MUNICIPAL
COUNCIL,
CHIKKANAYAKANAHALLI, TUMKUR DISTRICT,
REPRESENTED BY ITS CHIEF OFFICER.
30. CHIKKODI TO WN MUNICIPAL COUNCIL,
CHIKKODI, DIS TRICT : BELAGAVI.
REPRESENTED BY ITS CHIEF OFFICER
31. CHINCHOLI TO WN MUNICIPAL COUNCIL
CHINCHOLI, DIS TRICT :BELAGAVI.
REPRESENTED BY ITS CHIEF OFFICER
32. CHITTAGUPPA TOWN MUNICIPAL CO UNCIL,
CHITTAGUPPA , BIDAR DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER.
33. DEVADURGA TOWN MUNICIPAL COUNCIL,
DEVADURGA, DIS TRICT RAICHUR
REPRESENTED BY ITS CHIEF OFFICER
21
34. DEVANAHALLI TO WN MUNICIPAL CO UNCIL,
DEVANAHALLI, BENGALURU RURAL DISTRICT,
REPRESENTED BY ITS CHIEF OFFICER
35. GAJENDRAGAD TOWN MUNICIPAL CO UNCIL,
GAJENDRAGAD, GADAG DISTRICT,
REPRESENTED BY ITS CHIEF OFFICER
36. GULEDAGUDDA TOWN MUNICIPAL COUNCIL,
GULEDGAGUDDA, BAGALKOT D IS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
37. GUNDLUPET TOWN MUNICIPAL COUNCIL,
GUNDLUPET, CHAMARAJ NAGAR DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
38. GURUMITKAL TOWN MUNICIPAL COUNCIL,
GURUMITKAL, YADAGIRI DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
39. HAGARIBOMMANAHALLI TOWN
MUNICIPAL COUNCIL,
HAGARIBOMMANAHALLI, BALLARI DISTRICT,
REPRESENTED BY ITS CHIEF OFFICER
40. HALIYAL TOWN MUNICIPAL COUNCIL,
HALIYAL,
DISTRICT : U TTA RA KANNADA.
REPRESENTED BY ITS CHIEF OFFICER
41. H.D.KO TE TOWN MUNICIPAL COUNCIL,
H.D. KOTE, MYSURU DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
42. HALLIKHEDATOWN MUNICIPAL COUNCIL,
HALLIKED , BIDAR DISTRICT,
REPRESENTED BY ITS CHIEF OFFICER
43. HANAGAL TOWN MUNICIPAL COUNCIL,
HANAGAL, DISTRICT : HAVERI,
REPRESENTED BY ITS CHIEF OFFICER
22
44. HARAPANAHALLI TOWN MUNICIPAL COUNCIL,
HARAPANAHALLI,
DISTRICT : BA LLA RI.
REPRESENTED BY ITS CHIEF OFFICER
45. HAROGERI TOWN MUNICIPAL COUNCIL,
HAROGERI, DHARWAD DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
46. HOLENARASIPURA TOWN MUNICIPAL COUNCIL,
HOLENARASIPURA, HASAN DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
47. HOOVINAHADAGALI TO WN
MUNICIPAL COUNCIL,
HOOVINAHADAGALI, BELLARI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
48. HOSADURGA TOWN MUNICIPAL COUNCIL,
HOSADURGA, CHITRADURGA DISTRICT
REPRESENTED BY ITS CHIEF OFFICER
49. HUKKERI TOWN M UNICIPAL COUNCIL
HUKKERI, BELAGAVI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
50. HUMNABAD TOWN MUNICIPAL COUNCIL,
HUMNABAD, BIDA R DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
51. INDI TO WN MUNICIPAL COUNCIL,
INDI, BIJAPUR DIS TRICT.
REPRESENTED BY ITS CHIEF OFFICER
52. JEWARGI TOWN M UNICIPAL COUNCIL,
JEEVARGI, KALBURGI DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
53. JIGANI TO WN MUNICIPAL COUNCIL,
JIGANI, SOU TH BENGALURU DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
23
54. K.R.NAGAR TOWN MUNICIPAL COUNCIL,
K.R. NAGAR. MYSURURU DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
55. KADUR TOWN MUNICIPAL COUNCIL,
KADUR,
CHIKKAMAGALURU DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
56. KAKKERA TOWN MUNICIPAL COUNCIL,
KAKKERA , YADAGIRI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
57. KAMPLI TO WN MU NICIPAL COUNCIL,
KAMPLI,
BALLRY DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
58. KAPU TOWN MUNICIPAL COUNCIL,
KAPU, D IS TRICT : UDUPI.
REPRESENTED BY ITS CHIEF OFFICER
59. KARATAGI TOWN MUNICIPAL COUNCIL,
KARATAGI,
KOPPALA DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
60. KARKALA TOWN M UNICIPAL COUNCIL,
KARKALA, DIS TRICT : UDUPI.
REPRESENTED BY ITS CHIEF OFFICER
61. KEMBAVI TOWN M UNICIPAL COUNCIL,
KEMBAVI, YADAGIRI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
62. KONNUR TOWN M UNICIPAL COUNCIL,
KONNUR, DIS TRICT : GADAG.
REPRESENTED BY ITS CHIEF OFFICER
63. KONAPPANAGRAHARA TOWN
MUNICIPAL COUNCIL, BENGALURU SOUTH
DISTIRICT
REPRESENTED BY ITS CHIEF OFFICER
24
64. KRISHNARAJPETE TOWN MUNICIPAL COUNCIL,
KRISHNARAJPETE, MANDYA DISTRICT
REPRESENTED BY ITS CHIEF OFFICER
65. KUDACHI TOWN M UNICIPAL COUNCIL,
KUDUCHI, BELAGAVI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
66. KUMTA TO WN MU NICIPAL COUNCIL
KUMTA, DIS T: U TTARA KANNADA
REPRESENTED BY ITS CHIEF OFFICER
67. KUNDAPUR TOWN MUNICIPAL COUNCIL
KUNDAPUR, DIS T: UDUPI
REPRESENTED BY ITS CHIEF OFFICER
68. KUNIGAL TOWN M UNICIPAL COUNCIL,
KUNIGAL, TUMKU R DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
69. KUREKUPPA TOWN MUNICIPAL COUNCIL,
KUREKUPPA , BALLARI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
70. KURUGODU TOWN MUNICIPAL COUNCIL,
KURUGODU, BALLARI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
71. KUSTAGI TOWN MUNICIPAL COUNCIL
KUSTAGI, DIS T: KOPPALA
REPRESENTED BY ITS CHIEF OFFICER
72. LAKSHMESHWAR TOWN MUNICIPAL COUNCIL,
LAKSHMESHWAR, DISTRICT : GADAG
REPRESENTED BY ITS CHIEF OFFICER
73. LINGASUGUR TOWN MUNICIPAL COUNCIL,
LINGASUGUR, RAICHUR DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
74. MADDUR TOWN M UNICIPAL COUNCIL,
MADDUR, DIS TRICT : MANDYA.
REPRESENTED BY ITS CHIEF OFFICER
25
75. MADHUGIRI TOWN MUNICIPAL COUNCIL,
MADHUGIRI, DIS TRICT : TUMKUR.
REPRESENTED BY ITS CHIEF OFFICER
76. MAGADI TOWN MU NICIPAL COUNCIL,
MAGADI, BENGALURU RURAL DIS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
77. MAHALINGAPURA TOWN MUNICIPAL COUNCIL,
MAHALINGAPUR, DIS TRICT : BAGALKOT.
REPRESENTED BY ITS CHIEF OFFICER
78. MALAVALLI TO WN MUNICIPAL COUNCIL,
MALAVALLI, DIS TRICT : BELAGAVI,
REPRESENTED BY ITS CHIEF OFFICER
79. MALEBENNURU TOWN MUNICIPAL CO UNCIL,
MALEBENNURU . D AVANAGERE DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
80. MALUR TOWN MUNICIPAL COUNCIL,
MALUR, KOLAR DISTRICT,
REPRESENTED BY ITS CHIEF OFFICER
81. MANVI TOWN MUNICIPAL COUNCIL,
MANVI, RAICHUR DISTRICT
REPRESENTED BY ITS CHIEF OFFICER
82. MASKI TOWN MUNICIPAL COUNCIL,
MASKI, D IS TRICT : RAICHUR,
REPRESENTED BY ITS CHIEF OFFICER
83. MOODBIDRI TOWN MUNICIPAL COUNCIL,
MOODBIDRI, DIS TRICT: MANAGALURU.
REPRESENTED BY ITS CHIEF OFFICER
84. MUDALAGI TOWN MUNICIPAL COUNCIL,
MUDALAGI, BELAG AVI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
85. MUDDEBIHAL TOWN MUNICIPAL COUNCIL,
MUDDEBIHAL, DIS TRICT : BIJAPUR.
REPRESENTED BY ITS CHIEF OFFICER
26
86. MUDGAL TOWN M UNICIPAL COUNCIL,
MUDGAL, RA ICHUR DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
87. MUGALKHOD TOWN MUNICIPAL COUNCIL,
MUGALKHOD. BAGALKOT DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
88. MUNAVALLI TO WN MUNICIPAL COUNCIL,
MUNAVALLI, BELA GAVI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
89. MUNDARGI TOWN MUNICIPAL COUNCIL,
MUNDARAGI, DIS TRICT : GADAG.
REPRESENTED BY ITS CHIEF OFFICER
90. NARAGUND TOWN MUNICIPAL COUNCIL,
NARAGUND, DIS TRICT : GADAG.
REPRESENTED BY ITS CHIEF OFFICER
91. NAVALGUND TOWN MUNICIPAL COUNCIL,
NAVALGUND, DIS TRICT : DHARWAD.
REPRESENTED BY ITS CHIEF OFFICER
92. NAGAMANGALA TO WN MUNICIPAL CO UNCIL,
NAGAMANGALA, MANDYA DISTRICT
REPRESENTED BY ITS CHIEF OFFICER
93. NELAMANGALA TO WN MUNICIPAL CO UNCIL
DIST: TUMAKURU BENGALURU RU RAL DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
94. PANDAVAPURA TO WN MUNICIPAL CO UNCIL,
PANDAVAPURA, DISTRICT : MANDYA.
REPRESENTED BY ITS CHIEF OFFICER
95. PAVAGADA TOWN MUNICIPAL COUNCIL,
PAVAGADA, DISTRICT : TUMKUR.
REPRESENTED BY ITS CHIEF OFFICER
96. PIRIYAPATNA TOWN MUNICIPAL COUNCIL,
PIRIYAPTNA, MYSORE D IS TRICT,
REPRESENTED BY ITS CHIEF OFFICER
27
97. RAMADURGA TOWN MUNICIPAL COUNCIL,
RAMADURGA, BELAGAVI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
98. RON TOWN MUNICIPAL COUNCIL,
RON, D IS TRICT: G ADAG,
REPRESENTED BY ITS CHIEF OFFICER
99. SADALGA TOWN M UNICIPAL COUNCIL,
SADALGA, DISTRICT : BELAGAVI,
REPRESENTED BY ITS CHIEF OFFICER
100. SAKALESHPURA TOWN MUNICIPAL COUNCIL,
SAKALESHPURA, H ASAN DISTRICT
REPRESENTED BY ITS CHIEF OFFICER
101. SANDUR TOWN MU NICIPAL COUNCIL,
SANDUR, BALLARI DISTRICT
REPRESENTED BY ITS CHIEF OFFICER
102. SANKESHWAR TO WN MUNICIPAL CO UNCIL,
SANKESHWAR, DIS TRICT: BELAGAVI.
REPRESENTED BY ITS CHIEF OFFICER
103. SAUNDATTI TO WN MUNICIPAL COUNCIL,
SAUDATTI, DIS TRICT : BELAGAVI.
REPRESENTED BY ITS CHIEF OFFICER
104. SAVANUR TOWN MUNICIPAL COUNCIL,
SAVANUR, D IS TRICT: HAVERI.
REPRESENTED BY ITS CHIEF OFFICER
105. SEDAM TOWN MUNICIPAL COUNCIL,
SEDAM, GULBURAGA DISTRICT
REPRESENTED BY ITS CHIEF OFFICER
106. SHIGGAON TOWN MUNICIPAL COUNCIL,
SHIGGAON, DISTRICT : HAVERI.
REPRESENTED BY ITS CHIEF OFFICER
107. SHIKARIPUR TOWN MUNICIPAL COUNCIL,
SHIKARIPUR, DIS TRICT : SHIMOGGA,
REPRESENTED BY ITS CHIEF OFFICER
28
108. SINDAGI TOWN MUNICIPAL COUNCIL,
SINDAGI, VIJAYAPUR DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
109. SRINIVASAPURA TOWN MUNICIPAL COUNCIL,
SRINIVASAPURA, KOLARA DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
110. SRIIRANGAPATNA TOWN MUNICIPAL COUNCIL,
SRIRANGAPATNA , MANDYA DISTRICT
REPRESENTED BY ITS CHIEF OFFICER
111. T. NARASIPURA TO WN MUNICIPAL CO UNCIL,
T. NARASIPURA, M YSORE DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
112. TALIKO TE TOWN M UNICIPAL COUNCIL,
TALIKO TE, DIS TRICT : BIJAPUR,
REPRESENTED BY ITS CHIEF OFFICER
113. TARIKERE TOWN MUNICIPAL COUNCIL,
TARIKERE, CHIKKAMAGALURU
REPRESENTED BY ITS CHIEF OFFICER
114. TERDAL TOWN MU NICIPAL COUNCIL,
TERDAL, BAGALKOT DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
115. UGAR KHURD TOWN MUNICIPAL COUNCIL,
UGARKHURD,
DISTRICT : BELAG AVI.
REPRESENTED BY ITS CHIEF OFFICER
116. VIJAYAPURA TO WN MUNICIPAL COUNCIL,
VIJAYAPURA, VIJA YAPURA DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER
117. WADI TOWN MUNICIPAL COUNCIL,
KALABURGI DIS TRICT
REPRESENTED BY ITS CHIEF OFFICER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
29
ADVOCATE FOR R.1 AND R.2
SRI. S MAHESH ADV. FOR R.23 & R.48,
R.3,4,6,7,8,10,11,14,15 TO 22,24 TO 27,
30,31,33,35 TO 38,40,41,43,44,47,48,51 TO 59,
61,63 TO 71,73 TO 79,81,82,83,85,86,88,89 TO 99,
102,104,106,108,109,110,112,114 TO 116 ARE SERVED
SRI. NAGARAJ S JAIN ADV. FOR R.34,
SRI.H .L HAVARAGI, ADV FOR R.100)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE NOTIFICA TION DATED
UDD82MLR2018(2) BENGALURU DATED:03.09.2018
PUBLISHED IN KARNATAKA SPECIAL GAZETTE
DATED:03.09.2018, THE COPY OF WHICH HAS BEEN
PRODUCED HEREWITH AT ANNEXU RE-A, IN SO FAR AS
IT RELA TES TO RESERVING THE POST OF PRESIDENT
TO THE SCHEDULE CASTE WOMEN IN HUNGUND TOWN
MUNICIPAL COUNCIL IS CONCERNED AND FURTHER
DIRECTION MAY KINDLY BE ISSUED BY THE 1S T
RESPONDENT EITHER MAY RESERVED THE POST O F
PRESIDENT AND VIDE-PRESIDENT TO THE O THER
BACKWARD COMMUNITIES OR KEPT IT OPEN FOR
GENERAL CANDIDATES IN SO FAR AS IT RELA TES TO
POST OF PRES IDENT IN HUNGUND TOWN MUNICIPA L
COUNCIL IS CONCERNED , ETC.,
IN WP NO.105844/2018:
BETWEEN:
SHANKARAPPA S/O RAMANNA DODDAMANI
AGE: 47 YEARS ,
OCC: AGRICULTURE/COUNSELOR,
R/O: AMBEDKAR NAGAR,
TQ: SAVANUR, DIS T: HAVERI.
... PETITIONER
(BY SRI. N P VIVEKMEHTA , ADVOCA TE)
30
AND:
1. THE S TA TE OF KA RNATAKA
BY ITS SECRETARY,
DEPT. OF URBAN DEVELOPMENT,
M.S. BUILDING,
AMBEDKAR ROAD, BENGLAURU .
2. THE DIRECTOR OF MUNICIPAL
ADMINISTRATION
VISHWESWARIAH TOWER,
AMBEDKAR ROAD,
BENGALURU.
3. THE DEPU TY COMMISSIOENR
HAVERI DIS TRICT,
HAVERI.
4. THE TOWN MUNICIPAL COUNSEL SAVANUR
SAVANUR,
DIST: HAVERI,
BY ITS CHIEF OFF ICER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.3, R.4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE NO TIF ICATION ISSUED BY
RESPONDENT NO.1 BEARING NO.UD D 82 MLR 2018(2)
BANGALORE DATED:03.09.2018 VID E ANNEXURE-D IN
SO FAR AS FOR THE POST OF PRESIDENT TOWN
MUNICIPAL CO UNCIL SAVANUR @ SL.NO .103
CONCERNED AS NULL AND VOID, ETC.,
31
IN WP NO.105812/2018:
BETWEEN:
B REKHA D/O RAMESH BADDI
AGE: 31 YEARS ,
OCC: HOUSEHOLD,
R/O: KO TTUR,
DIST: BALLARI.
... PETITIONER
(BY SRI. SHIVAKU MAR S BADAWADAGI, ADVOCA TE)
AND:
1. THE S TA TE OF KA RNATAKA
BY ITS SECRETARY,
DEPT. OF URBAN DEVELOPMENT,
M.S. BUILDING, BENGLAURU.
2. THE DIRECTOR OF MUNCIPAL ADMINIS TRA TION
VISHWESHWARAIA H TOWER,
DR.AMBEDKAR ROAD,
BENGALURU.
3. THE DEPU TY COMMISSIOENR
BALLARI DIS TRICT, BALLARI.
4. THE TOWN PANCH AYATH
KOTTU R,
REP. BY ITS CHIEF OFFICER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.3,
R.4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE NO TIF ICATION ISSUED BY
RESPONDENT NO.1 VIDE GAZZETTE NO TIFICA TION
BEARING NO .UDD 82 MLR 2018(3), BANGALORE,
32
DATED:03.09.2018 VIDE ANNEXURE-D IN SO FAR AS
FOR THE POS T OF PRESIDENT OF TOWN PANCHAYATH
KOTTU R SL.NO.50 IS CONCERNED AS NULL AND VOID,
ETC.,
IN WP NO.105964/2018:
BETWEEN:
MANTESH S/O KA NAKAPPA TALAWA R
AGE: 38 YEARS ,
OCC: COUNCILOR,
WARD NO.9, BADAMI TMC,
R/O: LAXMINAGAR, BADAMI,
DIST: BAGALKOTE.
... PETITIONER
(BY SRI. S S BETU RMATH, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
REP. BY ITS UNDER SECRETARY ,
DEPARTMENT OF URBAN DEVELOPM ENT,
M.S. BUILDING,
BENGALURU.
2. THE DEPU TY COMMISSIONER
BAGALKOTE DIS TRICT,
BAGALKOTE.
3. THE CHIEF OFFICER
BADAMI TOWN MUNICIPAL COUNCIL,
BADAMI,
DIST: BAGALKOTE.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 AND R.2,
R.3 SERVED)
33
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO DIRECT AND QUASH THE ORDER PASSED
BY THE 1S T RES PONDENT NO.UD D 82 MLR 2018(2)
BENGALURU DATED:03.09.2018 RES ERVING THE POST
OF PRESIDENT, BVADAMI TOWN MUNICIPAL COUNCIL,
TO BCA CA TEGORY, COPY AS PER ANNEXURE-"D" IN
SO FAR AS IT RELA TE BADAMI TOWN MUNICIPAL
COUNCIL AND DIRECT TH E RESPONDENT NO.1 AND 2
TO RE DO THE RO TA TION OF RO TA TION OF CA TEGORY
FOR THE POST OF PRESIDENT, ETC.,
IN WP NO.105971/2018:
BETWEEN:
SRI.IMRAN S /O RA FIQ AHMED MOMIN
AGE: 32 YEARS ,
OCC: AGRICULTURE,
R/O: HUKKERI,
TQ: HUKKERI, DIS T: BELAGAVI.
... PETITIONER
(BY SRI. HEMANT R CHANDANGOUDAR, ADVOCA TE)
AND:
1. THE S TA TE OF KA RNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPM ENT,
M.S. BUILDING, BENGALURU.
2. THE DEPU TY COMMISSIONER
BELAGAVI,
DIST: BELAGAVI.
3. THE TOWN MUNCIPAL COUNCIL
HUKKERI, TQ: HUKKERI,
DIST: BELAGAVI,
REPRESENTED BY ITS CHIEF OFFICER.
34
4. THE KARNA TAKA S TA TE ELECTION
COMMISSION
NO.8, 1 S T F LOOR,
KSCMF BUILDING ANNEXE,
CUNNINGHAM ROAD,
BENGALURU,
BY ITS COMMISSIONER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 - R.2,
R.3 SERVED , SM T. K VIDYAVATI, AD V. FOR R.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 OF THE CONSTITU TION OF INDIA, PRAYING TO
QUASH THE IMPUGNED NOTIF ICA TION NO.UDD 82 MLR
2018(2), BENGALURU, DATED :03.09.2018 ISSUED BY
THE 1S T RESPONDENT VIDE ANNEXURE-B, SO FAR IT
RELA TES TO PETITIONER IS CONCERNED AT SL.NO.47,
ETC.,
IN WP NO.105890/2018:
BETWEEN:
SMT.SHARANAMMA TIMMAPUR
W/O MAHANTESH TIMMAPUR
AGED ABOUT: 40 YEARS,
WARD NO.3,
MEMBER OF CITY MUNICIPAL COUNCIL,
ILKAL, DIS T: BAGALKO T.
... PETITIONER
(BY SRI. GANGADHAR J M, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY ,
35
DEPARTMENT OF URBAN
DEVELOPMENT,
VIKASA SOUDHA,
BENGLAURU-560 001.
2. THE DEPU TY COMMISSIONER
BAGALKOTE DIS TRICT,
BAGALKOT.
3. THE ASSIS TANT COMMISSIONER
BAGALKOT,
DIST: BAGALKOT.
4. THE COMMISSIONER
CITY MUNICIPAL COUNCIL,
ILKAL, DIS T: BAGALKO T.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.3,
R.4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE IMPUGNED NOTIFICA TION
BEARING NO .UDD 82 MLR 2O18(1) BANGALORE,
DATED:03.09.2018 (ANNEXURE-"A") ISSUED BY TH E
1ST RESPONDENT IN SO FAR AS RESERVA TION MADE
TO THE OFFICE OF THE PRES IDENT OF CITY
MUNICIPAL COUNCIL ILKAL, IN F AVOUR OF THE
GENERAL WOMEN CATEGORY CONCERNED (SO FAR AS
S.NO.27 ILKAL IN RESPECT OF PETITIONER) AND
DIRECT THE RES PONDENT NO.1 TO RESERVE THE
OFFICE OF PRESIDENT OF THE CITY MUNICIPAL
COUNCIL ILKAL, IN FAVOUR OF THE BACK WARD
CLASS (B), ETC.,
36
IN WP NOS.105992-994/2018:
BETWEEN:
1. SRI.MANOHAR S/O BABU KUPPANATTI
AGE: 48 YEARS ,
OCC: SOCIAL SERVICE,
R/O: JAIN GALLI, EXAMBA,
TQ: CHIKKODI,
DIST: BELAGAVI.
2. SRI.RAJANIKANT S /O MAHADEV PANGAM
AGE: 58 YEARS ,
OCC: AGRICULTURE,
R/O: SRI DU TT NAGAR, EXAMBA,
TQ: CHIKKODI,
DIST: BELAGAVI.
3. SRI.MA TAB S /O A BBAS MAKANDAR
AGE: 48 YEARS ,
OCC: SOCIAL SERVICE,
R/O: BAHAR GALLI, EXAMBA,
TQ: CHIKKODI,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. K S PA TIL, ADVOCA TE)
AND:
1. THE S TA TE OF KA RNATAKA
REPRESENTED BY ITS UNDER SECRETARY ,
URBAN DEVELOPM ENT DEPARTMENT,
VIKASA SOUDHA,
BENGALURU-01.
2. THE S TA TE ELECTION COMMISSIONER
NO.08, 1 S T F LOOR,
KSCMF BUILDING ANNEX,
CUNNINGHAM ROAD,
BENGALURU-560 052,
KARNATAKA .
37
3. THE DEPU TY COMMISSIONER
& DISTRICT RETU RNING OFF ICER,
BELAGAVI,
BELAGAVI DIS TRICT.
4. THE RETURNING O FFICER
EXAMBA TOWN PANCHAYAT,
EXAMBA,
TQ: CHIKKODI,
DIST: BELAGAVI.
5. EXAMBA TOWN PANCHAYAT
BY ITS CHIEF OFF ICER,
TQ: CHIKKODI,
DIST: BELAGAVI.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 AND R.3, SM T. K VIDYAVATH I,
ADV. FOR R.2, R.5 SERVED)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITU TION OF
INDIA, PRAYING TO QUASH THE NOTIFICA TION
BEARING NO.UD D 82 MLR 2018(3), BENGALURU,
DATED:03.09.2018 ISSUED BY THE RESPONDENT NO .1
IN SO FAR AS EXAMBA TOWN PANCHAYAT IS
CONCERNED VID E ANNEXU RE-A. AND DIRECT TH E
RESPONDENT NO.1 TO S TRICTLY F OLLOW THE RULES
AND DIRECTONS OF THE H IGH COURTS IN RESERVING
THE OFF ICE OF THE PRES IDENT OF EXAMBA TOWN
PANCHAYAT, ETC.,
IN WP NO.105843/2018 & WP NOS.105880-882/2018
BETWEEN:
1. LINGESH HEMANNA BENNUR
AGE: 47, OCC: MEMBER AND
CHAIRMAN OF S TA YI SAMITI,
38
PATTAN PANCHAYATH, GUTTA L,
R/O: NEGALUR RO AD,
CHURCH OPPOSITE, GUTTA L,
TQ & DIS T: HAVERI-581 108.
2. NAGARAJ HANUMANTAPPA YERIMANI
AGE: 60 YEARS ,
OCC: VICE-PRESID ENT
PATTAN PANCHAYATH, GUTTA L,
R/O: VALMIKI NAGAR,
GUTTAL,
TQ & DIS T: HAVERI-581 108.
3. GUDDAPPA NILAPPA GORAVAR
AGE: 29 YEARS ,
OCC: AGRICU TLRU E,
R/O: CHIDAMBAR NAGAR,
GUTTAL,
TQ & DIS T: HAVERI-581 108.
4. KOTTEPPA BHIRAPPA BANNIMA TTI
AGE: 36 YEARS ,
OCC: AGRICULTURE,
R/O: KURUBAR ONI,
GUTTAL,
TQ & DIS T: HAVERI-581 108.
... PETITIONERS
(BY SRI. SHIVASAI M PA TIL, ADVOCA TE)
AND:
1. THE SECRETARY U RBAN DEVELOPMENT
DEPARTMENT
GOVERNMENT OF KARNATAKA
VIKASA SOUDHA,
BANGALORE,
BENGALURU CITY- 560 001.
2. THE CHIEF OFFICER
GUTTAL PA TTAN PANCHAYATH
GUTTAL TALUK GUTTAL,
DIST: HAVERI.
39
3. THE DEPU TY COMMISSIONER
HAVERI DIS TRICT, HAVERI.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 AND R.3)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITU TION OF
INDIA, PRAY ING TO QUASH THE IMPUGNED
NOTIF ICA TION UDD 82 MRL 2018(3), BANGALORE,
DATED:03.09.2018 ISSUED BY RESPONDENT NO .1,
VIDE ANNEXURE- G IN SO FAR AS RESERVA TION MADE
TO THE POST OF PRESIDENT OF TH E GUTTAL PA TTAN
PANCHAYATH IN F AVOUR OF BCAW IN THE INTERES T
OF JUSTICE AND EQUITY. (SO FAR AS PETITIONERS
ARE CONCERNED) AND DIRECT THE RESPONDENT
NO.1 TO RESERVE THE POS T OF PRESDENT OF THE
GUTTAL PA TTAN PANCHAYATH IN FAVOUR OF THE
GENERAL CA TEGORY, ETC.,
IN WP NO.106097/2018:
BETWEEN:
SRI. DHAREPPA @ DARIYAPPA
S/O BAALAPPA MADLI
AGED ABOUT: 38 YEARS,
WARD NO.8,
MEMBER OF TOWN MUNICIPAL COUNCIL,
SAUNDATTI, DIS T: BELAGAVI.
... PETITIONER
(BY SRI. SANTOSH B MALAGOUDAR, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
REPRESENTED BY ITS PRINCIPAL
40
SECRETARY ,
DEPARTMENT OF URBAN
DEVELOPMENT,
VIKASA SOUDHA,
BENGALURU-560 001.
2. THE DEPU TY COMMISSIONER
BELAGAVI DIS TRICT,
BELAGAVI.
3. THE ASSIS TANT COMMISSIOENR
BAILHONGAL,
DIST: BELAGAVI.
4. THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL,
SAUNDATTI,
DIST: BELAGAVI.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.3,
SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE IMPUGNED NOTIFICA TION
BEARING NO. UDD 82 MLR 2018(1) BANGALORE,
DATED:03.09.2018 (ANNEXURE-A) ISSUED BY THE 1ST
RESPONDENT, IN SO FAR AS RESERVA TION MADE TO
THE OFFICE OF THE PRES IDENT O F TOWN MUNICPA L
COUNCIL SAUNDATTI, IN FAVO UR OF THE ST
CATEGORY AS APPEARING AT S ERIA L NUMBER 102 OF
THE LIS T AND DIRECT THE RESPONDENT NO.1 TO
RESERVE THE OFFICE OF PRESIDENT OF THE TOWN
MUNICIPAL COUNCIL SAUNDATTI IN FAVOUR OF THE
BACKWARD CLASS(B), ETC.,
41
IN WP NO.106013/2018:
BETWEEN:
SHIVANAND BASAPPA BHAVIKATTI
AGE: 45 YEARS ,
OCC: ADVOCA TE,
R/O: KO TTUR, DIS T: BALLARI.
... PETITIONER
(BY SRI. SHIVAKU MAR S BADAWADAGI, ADVOCA TE)
AND:
1. THE S TA TE OF KA RNATAKA
BY ITS SECRETARY,
DEPT. OF URBAN DEVELOPMENT,
M.S. BUILDING, BENGLAURU.
2. THE DIRECTOR OF MUNICIPAL
ADMINISTRATION
VISHWESHWARAIH TOWER,
DR.AMBEDKAR ROAD,
BENGALURU.
3. THE DEPU TY COMMISSIONER
BALLARI DIS TRICT, BALLARI.
4. THE TOWN PANCH AYATH
KOTTU R,
REP. BY ITS CHIEF OFFICER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO Q UASH NOTIFICA TION ISSUED BY
RESPONDENT NO.1 VIDE GAZZETTE NO TIFICA TION
BEARING NO .UDD 82 MLR 2018(3), BANGALORE,
DATED:03.09.2018 VIDE ANNEXU RE- D IN SO FOR THE
42
POST OF VICE PRESIDENT OF TO WN PANCHAYATH
KOTTU R SL.NO.1 TO 50 IS CONCERNED AS NULL AND
VOID, ETC.,
IN WP NOS.106313-314/2018:
BETWEEN:
1. SRI.SHIVAPPA DH ARMANNA GHASTI
AGED ABOUT: 53 YEARS,
OCC: AGRICULTURE,
R/O: JUDAI NAGA R,
WARD NO.7, KUDACHI,
TQ: RAIBAG,
DIST: BELAGAVI.
2. SMT.MADHURI RAJU NIDAGUNDI
AGED ABOUT: 23 YEARS,
OCC: HOUSEHOLD,
R/O: PHULARE PLOT A REA,
WARD NO.23, KUD ACHI,
TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. RAMACHANDRA A MALI, ADVOCATE)
AND:
1. STA TE OF KARNA TAKA
REP. BY ITS UNDER SECRETARY ,
DEPT. OF URBAN DEVELOPMENT,
M.S. BUILDING,
BENGALURU-01.
2. THE DEPU TY COMMISSIONER
& DISTRICT RETU RNING OFF ICER,
BELAGAVI DIS TRICT,
BELAGAVI.
3. THE TOWN MUNICIPAL COUNCIL,
KUDACHI, TQ : RAIBAG,
43
DIST: BELAGAVI,
REP. BY CHIEF OF FICER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1AND R.2, R.3 SERVED)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITU TION OF
INDIA, PRAY ING TO QUASH THE IMPUGNED
NOTIF ICA TION NO .UDD 82 MLR 2018(2), BANGALORE
DATED:03.09.2018 ISSUED BY THE 1ST RES PONDENT
HEREIN PRODUCED AT ANNEXURE- "C" AS THE SAME
BEING ARBITRARY, ILLEGAL AND NOT SUS TAINABLE
IN LAW IN SO FAR AS THE SAME RELA TES TO
KUDACHI TOWN MUNICIPAL COUNCIL AT SL.NO.64 OF
THE NO TIF ICA TIO N, ETC.,
IN WP NO.106228/2018:
BETWEEN:
NAYAKAR TIPPAYYA S/O GADILINGA PPA
AGED ABOUT: 45 YEARS,
WARD NO.11,
MEMBER OF KURU GOUD TOWN PANCHAYAT,
R/O: NEAR HONNURSWAMY DURGA TEMPLE,
KURUGOUD TALU K, DIS T: BALLARI.
... PETITIONER
(BY SRI. SANTOSH B MANE, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY ,
DEPARTMENT OF URBAN
DEVELOPMENT,
44
VIKASA SOUDHA,
BENGLAURU-560 001.
2. THE DEPU TY COMMISSIONER
BALLARI DIS TRICT, BALLARI.
3. THE ASSIS TANT COMMISSIONER
BALLARI DIS TRICT, BALLARI.
4. THE COMMISSIONER
CITY MUNICIPAL COUNCIL,
KURUGOUD TALU K,
BALLARI DIS TRICT.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TOQUASH THE IMPUGNED NOTIFICATIO N
BEARING NO.UD D 82 MLR 2018(2) BANGALORE,
DATED:03.09.2018 (ANNEXURE-"A") ISSUED BY TH E
1ST RESPONDENT IN SO FAR AS RESERVA TION MADE
OT THE OFFICE OF THE PRES IDENT OF CITY
MUNICIPAL COUNCIL KURUGOUD, IN FAVOUR OF TH E
SCHEDULE CASE WOMEN CATEG ORY CONCERNED
AND DIRECT THE RESPONDENT NO.1 TO RES ERVE
THE OFFICE OF PRES IDENT OF THE MUNICIPA L
COUNCIL KURUGO UD IN FAVOUR OF THE SCHEDULE
TRIBE, ETC.,
IN WP NO.106012/2018:
BETWEEN:
SRI.SANGAPPA S . TALAWAR
S/O SHIVAPU TRAPPA,
AGE: 38 YEARS ,
OCC: MEMBER OF TOWN PANCHAYATH,
45
R/O: WARD NO.08,
AMINAGAD, TQ: H UNAGUND,
DIST: BAGALKOTE-587 207.
... PETITIONER
(BY SRI. AVINASH M ANGADI, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY ,
DEPARTMENT OF URBAN DEVELOPM ENT,
GOVERNMENT OF KARNATAKA ,
BENGLAURU-560 001.
2. THE S TA TE OF KA RNATAKA
REPRESENTED BY ITS
UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPM ENT,
MULTIS TORIED BU ILDING,
BENGLAURU-560 001.
3. THE DEPU TY COMMISSIONER
BAGALKOTE,
DIST: BAGALKOAT-587 101.
4. THE ASSIS TANT COMMISSIONER
BAGALKOT,
DIST: BAGALKOT- 587 101.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE NOTIFICA TION
DATED:03.09.2018 INSOFAR AS AMINAGAD TOWN
PANCHAYATH IS CONCERNED RESERVING THE OFFICE
OF PRESIDENT TO SC WOMAN ISSUED BY THE 2 N D
46
RESPONDENT IN NO.UDD 82 MLR 2018(3), BANGALORE
THE COPY OF WHICH ORDER IS PRODUCED IN TH E
WRIT PETITION AS ANNEXURE- "B" AND DIRECT TH E
1ST AND 2ND RESPONDENT TO RES ERVE THE OFFICE
OF PRESIDENT TOWN PANCHAYATH, AMINAGAD TO
SCHEDULE TRIBE CATEGORY FOR NINTH TERM (9TH
TERM), ETC.,
IN WP NO.105963/2018:
BETWEEN:
SMT.RAJESHVARI W/O SIDDAPPA ADUR
AGE: 42 YEARS ,
OCC: SOCIAL WORK & HOUSE WIF E,
R/O: NAYAKAWADI ONI,
KUSHTAGI,
TQ: KUSHTAGI, DIST: KOPPAL.
... PETITIONER
(BY SRI. HARISH S MAIGUR, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPM ENT,
M.S. BUILDING,
BENGLAURU.
2. THE DEPU TY COMMISSIONER
KOPPAL,
DIST: KOPPAL.
3. THE TOWN MUNICIPAL COUNCIL,
KUSHTAGI,
REPRESENTED BY ITS CHIEF OFFICER,
TQ: KUSHTAGI,
DIST: KOPPAL.
4. THE TAHASILDAR
KUSHTAGI AND RETURNING OFF ICER,
47
PRESIDENT & VICE PRESIDENT,
ELECTION TO WN MUNICIPAL COUNCIL,
KUSHTAGI,
TQ: KUSHTAGI, DIST: KOPPAL.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1, R.2 AND R.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE IMPUGNED NOTIFICA TION
NO.UDD 82 MLR 2018(2), BENGALU RU,
DATED:03.09.2018 ISSUED BY URBAN DEVELOPMENT
SECRETARIA T, VIDE ANNEXURE-"B" AT S L.NO .70 IN S O
FAR AS PETITIONER IS CONCERNED , ETC.,
IN WP NO.106762/2018:
BETWEEN:
RUKUMAVVA
W/O. HANAMANTH GACHINAMANI
AGE:55 Y EARS,
OCC:HOUSEHOLD,
R/O. WARD NO.15, BILAGI,
DIST:BAGALKO T.
... PETITIONER
(BY SRI. SHIVAKU MAR S BADAWADAGI, ADVOCA TE)
AND:
1. THE S TA TE OF KA RNATAKA
BY ITS UNDER SECRETARY ,
DEPT.OF U RBAN D EVELOPMENT,
M S BUILDING,
BANGALORE.
48
2. THE DIRECTOR OF MUNICIPAL
ADMINISTRATION
VISHWESHWARAIA H TOWER,
DR. AMBEDKAR ROAD,
BANGALORE.
3. THE DEPU TY COMMISSIONER
BAGALKOT D IS TRICT,
BAGALKOT.
4. THE TOWN MUNICIPALITY
BILAGI,
REP. BY ITS CHIEF OFFICER,
TQ:BILAGI, DIS T:BAGALKOT.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1 TO R.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO Q UASH NOTIFICA TION ISSUED BY
RESPONDENT NO.1 VIDE GAZZETTE NO TIFICA TION
BEARING NO.UDD 82 MLR 2018(3), ENGALURU
DATED:03.09.2018 VIDE ANNEXURE-B IN SO FAR AS
FOR IT RELA TES TO ITEM NO.14 THE POS T OF
PRESIDENT OF TOWN PANCH AYATH BILAGI IS
CONCERNED AS NULL AND VOID, ETC.,
IN WP NO.107006/2018:
BETWEEN:
DATTA TRYA S/O . KALLAPPA NAIK
AGED ABOUT 44 Y EARS,
R/A T NEAR HALAS IDDINATH MANDIR,
AKOL ROAD, NIPPANI,
DIST:BELAGAVI, COUNCILOR,
49
WARD NO.14, NIPPANI CMC,
DIST:BELAGAVI.
... PETITIONER
(BY SRI. MRU TYUNJAYA TATA BANGI, ADVOCATE)
AND:
1. THE S TA TE OF KA RNATAKA
REP. BY ITS UNDER SECRETARY TO
THE DEPARTMENT OF URBAN DEVELOPMENT,
M S BUILDING,
AMBEDKAR VEEDHI,
BENGALURU-01.
2. THE CITY MUNICIPAL COUNCIL
NIPPANI,
DIST:BELAGAVI,
REP. BY ITS COM MISSIONER.
... RESPONDENTS
(BY SRI. N D INESH RAO, ADDL. ADVO CATE GENERAL
WITH SM T. VEENA HEGDE ADDL. GOVERNMENT
ADVOCATE FOR R.1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 O F TH E CONS TITUTION OF INDIA ,
PRAYING TO QUASH THE ORDER PASSED BY THE 1S T
RESPONDENT BEARING NO.UDD 82 MLR 2018(1)
BENGALURU DATED:03.09.2018 EARMARKING THE
POST OF PRESIDENT, NIPPANI CITY MUNICIPAL
COUNCIL, TO GENERAL CA TEGORY, COPY AS PER
ANNEXURE-B, INS OFAR AS IT RELATES TO NIPPANI
CMC, SL.NO.39, QUASH THE ORDER PASSED BY THE
1ST RESPONDENT BEARING NO.UDD 82 MLR 2018,
BENGALURU DATED:09.10.2018, COPY AS PER
ANNEXURE-D , WITHDRAWING THE NOTIF ICA TION UDD
82 MLR 2018(1) , BENGALURU DATED:06.09.2018, COPY
AS PER ANNEXU RE-C, INSOFAR A S IT RELA TES TO
NIPPANI CMC AND DIRECT TH E RESPONDENT NO.1
AND 2 TO RESERVE THE EITHER THE POS T OF
PRESIDENT, CITY MUNICIPAL COUNCIL, NIPPANI,
50
TQ:BELAGAVI TO SCHEDULED TRIBE AND CONDUCT
THE ELECTION TO THE POS T OF PRESIDENT OF CITY
MUNICIPAL COUNCIL, NIPPANI, DIS T: BELAGAVI, ETC.,
THESE PETITIONS COMING ON FOR HEARING ON
INTERLOCU TORY APPLICA TION THIS DAY, THE COURT
MADE THE FOLLO WING:
ORDER
R.DEVDAS, J., (ORAL) In all these matters the learned Addl. Government Advocate takes notice for the respondent State Government.
2. In all these writ petitions, the petitioners are challenging the notification dated 3.9.2018, issued by the respondent State Government, allotting the offices of the President and Vice-President of various categories, for the 9th term, in respect of the City Municipal Councils, under Rule 13 and 13-A of the Karnataka Municipalities (President and Vice- President) Election (Amendment) Rules, 2018, and guidelines issued vide order No.UDD 78 MLR 2018 dated 16.8.2018.
51
3. The learned Addl. Advocate General has brought to the notice of this Court the orders passed by a co-ordinate Bench in W.P.Nos.39966-967/2018 in the case of R.Girish and ano ther vs. the S tate of Karnataka and another and W.P.Nos.44075-44094/2018 in the case of Mrs.Jayashree and others vs. S tate of Karnataka and another, which were decided on 9.10.2018. In both these batch of writ petitions, the co-ordinate bench, while referring to the decision in Smt.Latha and others vs. State of Karnataka and others, reported in 2017 (2) KLJ 421, wherein it was held that this Court cannot entertain on merits and upon factual scrutiny of the reservations fixed categorywise in the election for the post of President and Vice-President, the impugned notification cannot be quashed as no mala fides are established on the part of the State to have fixed these reservations for any illegal purpose and the writ jurisdiction in the present 52 cases is barred by Article 243-O of the Constitution of India and the writ petitions were therefore dismissed.
4. The said decision in Smt.Latha's case (supra) was taken up before Hon'ble Apex Court in Special Leave to Appeal (C) Nos.9852-9874/2017, and by order dated 21.4.2017 the SLAs were dismissed.
5. Therefore, the learned Addl. Advocate General submits that these writ petitions are not maintainable and therefore for the very same reason these petitions are to be dismissed.
6. The learned counsels for the petitioners however would submit that the decision in the case of Mrs.Jayashree (supra) was taken up before the Division Bench and the Hon'ble Division Bench, on 20.11.2018 granted ad-interim stay. In another matter where similar question is raised 53 i.e., G.N.Appannaswamy vs. the State of Karnataka and others, in Writ Appeal No.3041/2018 also an ad-interim stay of the notification dated 3.9.2018, insofar as it relates to reserving the office of the President of the particular municipality has been granted.
7. Learned counsel Sri F.V.Patil, in W.P.Nos.105813-814/2018, submits that the constitutional validity of Section 42(2-A) of the Karnataka Municipalities Act, 1964, has been questioned and therefore, the learned counsel submits that these writ petitions should be considered on a separate footing.
8. Learned Addl. Advocate General submits, these writ petitions were filed on 11.9.2018, whereas the calendar of events were issued on 10.9.2018. Therefore the writ petitions should have been dismissed on the ground that 54 they have been filed after the calendar of events were announced.
9. Having heard the learned counsels, this Court is of the opinion that similar orders, as were passed in the case of R.Gir ish and Mrs.Jayashree (supra) are required to be passed in these petitions. The reason being that the decision in Smt.Latha's case was carried to the Hon'ble Supreme Court and the same has been upheld while dismissing the SLAs. Even otherwise, the decision of the Division Bench in the matter of Annappaswamy will have a bearing on the present writ petitions. The reservation to the posts of President and Vice-President of the municipalities will have to be rotated between various municipalities and therefore any change in reservation in one of the municipalities will have an effect on the other municipalities also. Therefore when the matter is at large before the 55 Hon'ble Division Bench, it would be appropriate that these matters also be decided before the Hon'ble Division Bench.
10. With these observations, the writ petitions are dismissed. No order as to costs.
11. Since the writ petitions are disposed of, the pending interlocutory applications, if any, do not survive for consideration and are accordingly disposed of.
12. Smt.K.Vidyavathi, the standing counsel for the Karnataka State Election Commission is permitted to file memo of appearance within a period of three weeks from today, in all the matters where the Election Commission is made as party.
Sd/-
JUDGE Mr k/ -