Sri. D.K. Thimmappa vs State Of Karnataka on 9 March, 2016

[Cites 5, Cited by 2]

Karnataka High Court

Sri. D.K. Thimmappa vs State Of Karnataka on 9 March, 2016

Bench: L. Narayana Swamy

                            1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 9TH DAY OF MARCH 2016

                         BEFORE

        THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY

        WRIT PETITION NO.12256 OF 2016 (LB-ELE)

BETWEEN:

SRI. D.K.THIMMAPPA
S/O D.V.KRISHNAPPA
AGED ABOUT 49 YEARS,
RESIDING AT 2ND BLOCK
DANDINAPETE
KUSHALNAGAR
KODAGU DISTRICT
PRESENTLY PRESIDENT
TOWN PANCHAYATH
KUSHALANAGARA
PIN - 571 234                         ... PETITIONER

(BY SRI.VIVEK REDDY K S, SENIOR COUNSEL FOR
    SRI. SUBBA REDDY K N, ADV. )

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS UNDER SECRETARY,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU-560 001

2.   THE DEPUTY COMMISSIONER
     AND DISTRICT ELECTION OFFICER,
     KODAGU DISTRICT
     MADIKERI-571 201
                                2




3.   THE TAHSILDAR
     AND ELECTION OFFICER
     SOMAWARAPET TALUK
     KODAGU DISTRICT-571234             ... RESPONDENTS

(BY SRI.V.G. BHANUPRAKASH, AGA )

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED NOTIFICATION DATED 01.03.2016 ISSUED BY R-1
AT ANNEX-A MEMORANDUM DATED 02.03.2016 ISSUED BY R-2
AT ANNEX-B ELECTIONNOTICE DATED 02.03.2016 ISSUED BY
R-3 AT ANNEX-C AND THE CALENDAR OF EVENTS DATED
02.03.2016 AT ANNEX-D ISSUED BY R-3; DIRECT R-1 TO 3
HEREIN TO PROCEED WITH THE ELECTION PROCESS IN
PURSUANCE OF THE ELECTION NOTIFICATION DATED
01.03.2016 AND ELECTION CALENDAR OF EVENTS DATED
01.03.2016 AT ANNEX-F & G RESERVING THE CATEGORY FOR
THE POST OF PRESIDENT AS PER THE NOTIFICATION DATED
24.02.2016 DATED 24.02.2016 AT ANNEX-G.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

The petitioner claims that he is an elected candidate for Kushalnagar Town Panchayat and is aspirant to become the President for the present term also. The Government issued notification dated 24.2.2016 at Annexure-F reserving the post of President in favour of General and Upa-Adhyaksha for Backward 3 Community-A. Thereafter, without there being any reason, another notification was issued on 1.3.2016 in which the post of Adhyaksha which was reserved for General, has been changed to General(Woman). The petitioner being aspirant to contest for Adhyaksha from General Category, is aggrieved of the notification dated 1.3.2016. Hence he has preferred this writ petition.

2. It is submitted on behalf of the petitioner that the impugned notification Annexure-A is in contravention of Section 42 Explanation to sub-section (2A) of Karnataka Municipalities Act, 1964.

3. The learned Additional Government Advocate on instructions submits that by considering the overall reservations and rotation, the impugned notification has been issued and it is in no way contravenes the principles of rotation of reservation. To substantiate, the learned Government Advocate places reliance on Annexure-III the calculation of reservation of seats shown to all the Taluka Panchayats. It is submitted, Kushalnagar Town Panchayat was started functioning with effect from 2007 and naturally on the first occasion, it was reserved for S.C. , 4 thereafter for the 6th term for General (Woman) and also 8th term General. In order to see that the principle of rotation is complied, the present notification has been issued.

4. The principle of rotation, Explanation to sub-section (2A) of Section 42 of the Act makes it clear that in the form of declaration that the principle of rotation for the purpose of reservation of office shall commence from the first election to be held after the first of June,1994. This explanation is clearly applicable to the present case. What is required, in the absence of any specific provision, the principle of rotation is well accepted principle. As per this explanation, reservation is to be rotating by providing reservation to various groups. As the things stood thus, for the year 2008 to 2013, the post of Adhyaksha was reserved for SC, General-Woman, BCM-A and for the present year, it was reserved for General. The respondents should have proceeded further for conducting elections to elect Adhyaksha. Contrary to the same, without assigning any valid reasons in the notification, the post of reservation of Adhyaksha has been changed from General to General-Woman. Though it cannot be termed as arbitrary, but it has to be struck down on the ground 5 that it is without assigning any reasons. The impugned action is in contravention of principles of rotation Section 42(2A) Explanation.

5. In these circumstances, this writ petition is allowed. The impugned notifications so far as Kushalnagar Town Panchayat are concerned are hereby quashed. The respondents are directed to hold the election to the post of Adhyaksha of Kushalnagar Town Panchayat as per the earlier notification reserving the same in favour of General.

Rule issued and made absolute accordingly. The learned Government Advocate is directed to communicate the order telephonically.

Sd/-

JUDGE akd

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