Karnataka High Court
Smt Vijaylaxmi W/O Manjunath Kattimani vs The State Of Karnataka on 13 December, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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WP No. 104801 of 2024
AND CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 104801 OF 2024 (LB-ELE)
C/W
WRIT PETITION NO. 104820 OF 2024
WRIT PETITION NO. 104825 OF 2024
WRIT PETITION NO. 104830 OF 2024
WRIT PETITION NO. 104849 OF 2024
WRIT PETITION NO. 104851 OF 2024
WRIT PETITION NO. 104854 OF 2024
WRIT PETITION NO. 104886 OF 2024
WRIT PETITION NO. 104897 OF 2024
WRIT PETITION NO. 104930 OF 2024
WRIT PETITION NO. 104932 OF 2024
WRIT PETITION NO. 104957 OF 2024
WRIT PETITION NO. 104990 OF 2024
WRIT PETITION NO. 105149 OF 2024
WRIT PETITION NO. 105153 OF 2024
IN WRIT PETITION NO. 104801 OF 2024
MALLIKARJUN
RUDRAYYA
KALMATH BETWEEN
Digitally signed by
MALLIKARJUN
RUDRAYYA KALMATH
Location: HIGHCOURT
N. RAMANJANEYULU,
OF KARNATAKA
DHARWAD BENCH
S/O. N. NETTAKALLAPPA,
AGE: 54 YEARS, OCC: COUNCILOR,
R/AT. # VALMIKI NAGAR,
RAMADEVAR GUDI ROAD,
AT/POST AND TQ: KAMPLI,
DIST: BELLARY-583113.
...PETITIONER
(BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE)
AND
1. STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
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WP No. 104801 of 2024
AND CONNECTED MATTERS
M.S. BUILDING, BANGALORE-560001,
REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
BALLARY, DIST: BALLARY-583101.
3. THE ASSISTANT COMMISSIONER
ALSO RETURNING OFFICER,
BALLARY, DIST: BALLARY-583101.
4. THE TOWN MUNICIPAL COUNCIL KAMPLI,
DIST: BALLARY-583101,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
5. SRI. B. PRASAD,
S/O. B. KRISHNAPPA,
AGE: 62 YEARS, OCC: COUNCILOR,
TMC, WARD NO.6, KAMPLI,
R/O. VINAYAK NAGAR, 2ND CROSS,
TQ: KAMPLE, DIST: BALLARI-583132.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R3;
SRI. B. SHARANABASAWA, ADVOCATE FOR R4;
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
A. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING
NOTIFICATION UDD 10 MLR 2024 (2) DATED 05-08-2024
ISSUED BY THE RESPONDENT NO.1 AT ANNEXURE-D, IN THE
INTEREST OF JUSTICE AND EQUITY.
B. ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING THE
RESPONDENT NO.1 TO ALLOT ST CATEGORY TO THE TOWN
MUNICIPAL COUNCIL, KAMPLI BY MODIFYING THE
NOTIFICATION UDD 10 MLR 2024 (2) DATED 05-08-2024
ISSUED BY THE RESPONDENT NO.1 AT ANNEXURE-D AND
ETC.,.
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WP No. 104801 of 2024
AND CONNECTED MATTERS
IN WRIT PETITION NO. 104820 OF 2024
BETWEEN:
SHRI PADIYAPPA S/O. SABANNA KARIGAR,
AGE: 68 YEARS, OCC: MEMBER OF TOWN
PANCHAYAT BILAGI AND SOCIAL SERVICE,
R/O. KILLA GALLI, BILAGI,
TQ: BILAGI, DIST: BAGALKOTE-587116.
...PETITIONER
(BY SRI. R.S. VASTRAD, AND
SRI. SHRIKANT T. PATIL, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
M.S. BUILDING, BENGALURU-560001,
REPRESENTED BY THE PRINCIPAL SECRETARY.
2. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA, DR. AMBEDKAR ROAD,
BENGALURU-560001,
REPRESENTED BY IT'S UNDER SECRETARY.
3. THE DEPUTY COMMISSIONER,
BAGALKOTE DISTRICT,
ADMINISTRATIVE BUILDING,
BAGALKOTE-587101.
4. THE TAHASHILDHAR,
BILAGI, TQ: BILAGI,
DIST: BAGALKOTE-587116.
5. TOWN PANCHAYAT,
BILAGI, TQ: BILAGI,
DIST: BAGALKOTE-587116,
REPRESENTED BY IT'S CHIEF OFFICER.
6. RAMCHANDRA S/O. YALAGURUDRAPPA BORJI,
AGE: 54 YEARS, OCC: MEMBER,
BILAGI TOWN PANCHAYATH AND
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WP No. 104801 of 2024
AND CONNECTED MATTERS
AGRICULTURIST,
R/O. NEKAR ONI, VTC, BILAGI,
TQ: BILAGI, DIST: BAGALKOTE-587116.
..RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R4;
SRI. B. SHARANABASAWA, ADVOCATE FOR R5;
SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
A. ISSUE A WRIT OF CERTIORARI FOR QUASHING THE
IMPUGNED NOTIFICATION DTD. 05/08/2024 ISSUED BY THE
RESPONDENT NO.2 IN SO FAR AS PRESIDENT POST IT
RELATES TO BILAGI TOWN PANCHAYAT AT SERIAL NO.21 IN
ANNEXURE-H.
B. ISSUE A WRIT OF MANDAMUS AGAINST THE RESPONDENT
NO.1 TO 3 BY DIRECTING TO CONSIDER THE
REPRESENTATIONS DTD. 07/08/2024 (ANNEXURE-K) AND
ANNEXURE-M DATED 21/07/2024 TO RE-ALLOT THE
RESERVATION TO THE OFFICE OF THE PRESIDENT, TOWN
PANCHAYAT BILAGI INSTEAD OF "BCB" WHICH WAS FIXED IN
THE 9TH TERM I.E., THE PREVIOUS TERM AND ETC.,.
IN WRIT PETITION NO. 104825 OF 2024
BETWEEN:
1. PRADEEP S/O. VASANT SALAGERI,
AGED 39 YEARS, OCC: COUNCILOR-WARD NO.4,
R/O. GUTTAL, TQ: AND DIST: HAVERI-581108.
2. AJJAYYA S/O. BASAVARAJ BANDIVADDAR,
AGED 31 YEARS, OCC: COUNCILOR-WARD NO.6,
R/O. GUTTAL, TQ: AND DIST: HAVERI-581108.
3. MOHMMAD HANIF S/O. HANSANSAB RITTII,
AGED 49 YEARS, OCC: COUNCILOR WARD NO.7,
R/O. GUTTAL, TQ: AND DIST: HAVERI-581108.
...PETITIONERS
(BY SRI. S.S. BETURMATH AND SRI. K.L. PATIL, ADVOCATES)
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WP No. 104801 of 2024
AND CONNECTED MATTERS
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER,
HAVERI DISTRICT AND DIST. ELECTION OFFICER,
HAVERI DISTRICT, HAVERI-581110.
3. THE TOWN PANCHAYAT GUTTAL,
TALUK AND DIST: HAVERI-581110,
BY ITS CHIEF OFFICER.
4. PARASHURAM
S/O. LATE SIDDAPPA YALAGACHCHA,
AGE: 43 YEARS, OCC: COUNCILOR-WARD NO.10,
R/O. # 1391, GOULER ONI GUTTAL,
TQ: AND DIST: HAVERI-581108.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R2;
SRI. VADIRAJ P. VADAVI, ADVOCATE FOR R4;
R3-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
WRIT OR DIRECTING AND QUASH THE NOTIFICATION
BEARING NO.UDD 10 MLR 2024 (3) DATED 05/08/2024
ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E IN SO
FAR AS RESERVING THE POST OF VICE-PRESIDENT, OF TOWN
PANCHAYAT GUTTAL.
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE OR DIRECTION AND DIRECT THE RESPONDENT
NO.1 TO RE DO THE ROTATION OF CATEGORY FOR THE POST
OF VICE-PRESIDENT OF TOWN PANCHAYAT GUTTAL.
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WP No. 104801 of 2024
AND CONNECTED MATTERS
C) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT
NO.1 TO CONSIDER REPRESENTATION DATED 07/08/2024
VIDE ANNEXURE-G AND ETC.,.
IN WRIT PETITION NO. 104830 OF 2024
BETWEEN:
BASAVARAJ HANAMANTAPPA TALAWAR,
S/O. HANAMANTAPPA TALAWAR,
AGED ABOUT 44 YEARS,
COUNCILOR TOWN PANCHAYAT,
R/O. APMC ROAD, SONAR PLOT,
KUNDAGOL-581113, TQ: KUNDAGOL,
DIST: DHARWAD.
...PETITIONER
(BY SRI. RAJASHEKHAR BURJI, ADVOCATE)
AND
1. STATE OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA, BENGALURU-560001,
REP. BY IT'S UNDER SECRETARY.
2. KARNATAKA STATE ELECTION COMMISSION,
CUNNINGAHAM ROAD, BENGALURU-560001,
REP. BY COMMISSIONER.
3. DIRECTOR,
DIRECTORATE OF MUNICIPAL ADMINISTRATION,
9TH AND 10TH FLOOR, VISHWESHWARAIAH TOWER,
BENGALURU-560001.
4. THE DEPUTY COMMISSIONER,
DISTRICT DHARWAD, DHARWAD-580001,
TQ: AND DIST: DHARWAD.
5. THE TAHASHILDAR,
KUNDAGOL TALUK, KUNDGOL-581113,
DIST. DHARWAD.
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WP No. 104801 of 2024
AND CONNECTED MATTERS
6. KUNDGOL TOWN PANCHAYAT,
KUNDAGOL-581113, TQ: KUNDAGOL,
DIST: DHARWAD,
REP. BY ITS CHIEF OFFICER.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1 AND R3-R5;
SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R2;
SRI. B. SHARANABASAWA, ADVOCATE FOR R5;
R6-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR
DIRECTION TO:
A) QUASH THE NOTIFICATION DATED 05.08.2024 BEARING
NO.UDD.10.MLR.2024(3) ISSUED BY THE RESPONDENT NO.1
ALLOTTING THE OFFICE OF PRESIDENT AND VICE-PRESIDENT
OF 6TH RESPONDENT, KUNDGOL TOWN PANCHAYAT, IN
FAVOUR OF 'GENERAL MERIT' CANDIDATE, PRODUCED AT
ANNEXURE-A, IN SO FAR IT RELATES TO 6TH RESPONDENT
TOWN PANCHAYAT.
B) DIRECT THE RESPONDENT NO.1 TO RECONSIDER THE
RESERVATION TO OFFICE OF PRESIDENT OR VICE-PRESIDENT
OF 6TH RESPONDENT, KUNDGOL TOWN PANCHAYAT, IN
FAVOUR OF 'SCHEDULE TRIBE' AS PROVIDED UNDER SECTION
42(2A) OF THE KARNATAKA MUNICIPALITIES ACT, 1964 AND
RULE 13 OF KARNATAKA MUNICIPALITIES (PRESIDENT AND
VICE-PRESIDENT) ELECTION RULES, 1965.
IN WRIT PETITION NO. 104849 OF 2024
BETWEEN:
SMT. VINAYA SHERLI W/O. VINU K. GEORGE,
AGE: 42 YEARS, OCC: MEMBER OF WARD NO.5
OF TOWN MUNICIPAL CORPORATION,
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WP No. 104801 of 2024
AND CONNECTED MATTERS
R/O. NO.E/1324, SIDDHANABHAVI KUMATA,
DIST: UTTARA KANNADA-581343.
...PETITIONER
(BY SRI. AVINASH M. ANGADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
GOVERNMENT OF KARNATAKA,
BENGALURU-560001.
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
MULTISTORIED BUILDING,
BENGALURU-560001.
3. THE DEPUTY COMMISSIONER,
UTTAR KANNADA, DISTRICT: UTTARA KANNADA.
4. THE ASSISTANT COMMISSIONER,
UTTAR KANNADA, DISTRICT: UTTARA KANNADA.
5. SUMATI W/O. NARYANMUTHY BHAT,
AGED 56 YEARS, OCC: MEMBERS TMC KUMAT,
R/O. #A-821 RAMCHANDRA MATA ROAD,
POST KUMTA, CHITRIGI KUMTA,
DIST: UTTAR KANNADA.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R4;
SRI. A.C. CHAKALABBI AND
SRI. S.B. DODDAGOUDAR, ADVOCATES FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT ORDER OR DIRECTION AND BE PLEASED
TO QUASH THE NOTIFICATION DATED 05.08.2024 INSOFAR
AS KUMATA TOWN MUNICIPAL COUNCIL IS CONCERNED
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WP No. 104801 of 2024
AND CONNECTED MATTERS
RESERVING THE OFFICE OF PRESIDENT TO GW CATEGORY
ISSUED BY THE 2ND RESPONDENT IN NO.UDD 10 MLR 2024(2)
BANGALORE, THE COPY OF ORDER IS PRODUCED IN THE
WRIT PETITION AS ANNEXURE-D.
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
WRIT, ORDER OR DIRECTION DIRECTING THE 1ST AND 2ND
RESPONDENT TO RESERVE THE OFFICE OF PRESIDENT, TOWN
MUNICIPAL COUNCIL, KUMATA TO 3B CATEGORY FOR 10TH
TERM IN THE INTEREST OF JUSTICE AND EQUITY.
IN WRIT PETITION NO. 104851 OF 2024
BETWEEN:
SMT. SHOBHA W/O. SHANKARAPPA KANADAL,
AGE: 35 YEARS, OCC: HOOVINHADAGALI TOWN
MUNICIPAL COUNCILOR,
R/O. 8TH WARD, HOOVINHADAGALI,
DIST: HOSPET-583201.
...PETITIONER
(BY SRI. ANAND R. KOLLI, ADVOCATE)
AND:
1. THE STATE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY,
2ND AND 3RD FLOOR, NO.16,
BELLARI ROAD, SADASHIVANAGAR,
BANGALORE-560001.
2. STATE GOVERNMENT,
REPRESENTED BY UNDER SECRETARY
TO THE GOVERNMENT,
DEPARTMENT OF URBAN DEVELOPMENT,
VIDHANA SOUDHA, BANGALORE-560001.
3. THE DEPUTY COMMISSIONER AND
DISTRICT ELECTION OFFICER,
VIJAYANAGAR, DIST: HOSPET-583231.
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WP No. 104801 of 2024
AND CONNECTED MATTERS
4. THE ELECTION OFFICER/TAHSILDAR,
HOOVINAHADAGALI , DIST: VIJAYANAGAR,
HOSPET-583231.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R3;
R4-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED NOTIFICATION DATED 05.08.2024 BEARING NO.UDD 10
MLR 2024 (2) ISSUED BY THE RESPONDENT NO.2 AUTHORITY IN SO
FAR AS THE OFFICE OF THE PRESIDENT IN RESPECT OF
HOOVINAHADAGALI TOWN MUNICIPAL COUNCIL AS THE SAME IS
HEREWITH PRODUCED AND MARKED AS ANNEXURE-D IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,.
IN WRIT PETITION NO. 104854 OF 2024
BETWEEN:
1. SMT. VIJAYLAXMI W/O. MANJUNATH KATTIMANI,
AGED ABOUT 35 YEARS, COUNCILOR,
TOWN MUNICIPAL COUNCIL, KUSTAGI,
R/O. SAI BADAWANI, NIDASOSI ROAD,
ASHRAYA COLONY, KUSTAGI.
2. SRI. RAMANNA S/O. YAMANAPPA BINAL,
AGED ABOUT 54 YEARS, COUNCILOR,
TOWN MUNICIPAL COUNCIL,
KUSTAGI, R/O. VIDYANAGAR,
WARD NO.6, KUSTAGI.
...PETITIONERS
(BY SRI. SUNIL S. DESAI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT,
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WP No. 104801 of 2024
AND CONNECTED MATTERS
VIKAS SOUDHA , DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER,
KOPPAL, DISTRICT: KOPPAL-583231.
3. THE TASHILDAR AND ALSO
RETURNING OFFICER, KUSTAGI,
DIST: KOPPAL-583231.
4. THE TOWN MUNICIPAL COUNCIL,
KUSTAGI, TQ: KUSTAGI,
DIST: KOPPAL-583231,
REPRESENTED BY CHIEF OFFICER.
5. SRI. MAHANTESH S/O. SHANKRAPPA,
AGE: 46 YEARS, OCC: COUNCILOR,
TOWN MUNICIPAL COUNCIL, KUSHTAGI,
R/O. H.NO.1433/54, NEAR BASAVARAJ THETAR,
TEGGINA ONI, KUSHTAGI, DIST: KOPPAL-584121.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R3;
SRI. SHARANABASAWA, ADVOCATE FOR R4;
SRI. SADIQ N. GOODWALA, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR
DIRECTION TO:
A) QUASH THE NOTIFICATION DATED 05.08.2024 BEARING NO.
UDD.10.MLR.2024(2) ISSUED BY THE RESPONDENT NO.1
ALLOTTING THE OFFICE OF PRESIDENT AND VICE-PRESIDENT
OF 4TH RESPONDENT, KUSHTAGI TOWN MUNICIPAL COUNCIL,
IN FAVOR OF 'ST' AND 'GM-WOMEN' CANDIDATE
RESPECTIVELY, PRODUCED AT ANNEXURE-E, AS ILLEGAL AND
ARBITRARY, IN THE INTEREST OF JUSTICE AND EQUITY.
B) DIRECT THE RESPONDENT NO.1 TO ALLOT SC WOMEN
CATEGORY TO THE 4TH RESPONDENT TOWN MUNICIPAL
COUNCIL, KUSTAGI BY MODIFYING THE NOTIFICATION DATED
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WP No. 104801 of 2024
AND CONNECTED MATTERS
05-08-2024 AT ANNEXURE-E, IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.,.
IN WRIT PETITION NO. 104886 OF 2024
BETWEEN:
SMT. DURGAVVA M/O. SANNA SAKIRAVVA,
W/O. SHANKARAPPA KANADAL,
AGE: 35 YEARS, OCC: HOOVINHADAGALI
TOWN MUNICIPAL COUNCILOR,
R/O. H.NO.686, HOSA HARIJANA COLONY,
17TH WARD, HOOVINHADAGALI, DIST: HOSPET-583201.
...PETITIONER
(BY SRI. D.V. PATTAR, ADVOCATE)
AND
1. THE STATE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY,
2ND AND 3RD FLOOR, NO.16, BELLARI ROAD,
SADASHIVANAGAR, BANGALORE-560001.
2. STATE GOVERNMENT,
REPRESENTED BY UNDER SECRETARY
TO THE GOVERNMENT,
DEPARTMENT OF URBAN DEVELOPMENT,
VIDHANA SOUDHA, BANGALORE-560001.
3. THE DEPUTY COMMISSIONER AND
DISTRICT ELECTION OFFICER,
VIJAYANAGAR, DIST: HOSPET-583231.
4. THE ELECTION OFFICER/TAHSILDAR,
HOOVINAHADAGALI,
DIST: VIJAYANAGAR, HOSPET-583231.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R3;
R4-SERVED)
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WP No. 104801 of 2024
AND CONNECTED MATTERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF IN
THE NATURE OF CERTIORARI QUASHING THE IMPUGNED
NOTIFICATION DATED 05.08.2024 BEARING NO.UDD10 MLR 2024(2)
PASSED BY THE RESPONDENT NO.2 AUTHORITY IN SO FAR AS THE
OFFICE OF THE PRESIDENT IN RESPECT OF HOOVINAHADAGALI
TOWN MUNICIPAL COUNCIL AS THE SAME IS HEREWITH PRODUCED
AND MARKED AS ANNEXURE-D IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,.
IN WRIT PETITION NO. 104897 OF 2024
BETWEEN
SRI. RAVI S/O. DASHARAT GOSAVI,
AGE: 39 YEARS, OCC: BUSINESS,
R/O. SADALAGA, TALUK: CHIKKODI,
DISTRICT: BELAGAVI-591239.
...PETITIONER
(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
AND
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA, BENGALURU-560001.
2. THE STATE OF KARNATAKA,
BY ITS UNDER SECRETARY OF GOVERNMENT,
URBAN DEVELOPMENT, VIKAS SOUDHA,
BENGALURU-560001.
3. THE DEPUTY COMMISSIONER BELAGAVI,
DISTRICT: BELAGAVI-590001.
4. THE ASSISTANT COMMISSIONER,
CHIKKODI, TALUK: CHIKKODI,
DISTRICT: BELAGAVI-591201.
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WP No. 104801 of 2024
AND CONNECTED MATTERS
5. THE TAHASILDAR CHIKKODI,
TALUK: CHIKKODI, DIST: BELAGAVI-591201.
6. THE TOWN MUNICIPAL COUNCIL,
SADALAGA, AT: SADALAGA,
TQ: CHIKKODI-591239,
REPRESENTED BY ITS CHIEF OFFICER.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R5;
SRI. SHARAD V. MAGADUM, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO:
1. ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED NOTIFICATION DATED 05/08/2024 IN NO. UDD 10
MLR 2024 (2) ISSUED BY THE 2ND RESPONDENT VIDE
ANNEXURE-B SO FAR AS IT RELATES TO SL. NO.102 IS
CONCERNED:
2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENTS TO PROVIDE THE RESERVATION TO THE
POST OF ADYAKSHA TO THE ST CASTE CATEGORY PERSONS
IN RESPECT OF SADALAGA TOWN MUNICIPAL COUNCIL,
SADALAGA, TQ: CHIKKODI, DISTRICT: BELAGAVI IS
CONCERNED BY CONSIDERING THE REPRESENTATION DATED
06/08/2024 VIDE ANNEXURE- H, H1 TO H3 AND ETC.,.
IN WRIT PETITION NO. 104930 OF 2024
BETWEEN
SHRI LAXMAN ANAND MADAR,
AGED ABOUT 40 YEARS, OCC: AGRICULTURE,
COUNCILOR TOWN PANCHAYAT, KHANAPUR,
R/O. H.NO.814/1A, HARIJAN GALLI,
KHANAPUR, TQ: KHANAPUR, DIST: BELAGAVI.
...PETITIONER
(BY SRI. SUNIL DESAI, ADVOCATE)
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WP No. 104801 of 2024
AND CONNECTED MATTERS
AND
1. STATE OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKAS SOUDHA, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER,
BELAGAVI, DISTRICT: BELAGAVI-590001.
3. THE TASHILDAR AND ALSO
RETURNING OFFICER, KHANAPUR,
DIST: BELAGAVI-590001.
4. THE TOWN PANCHAYAT,
KHANAPUR, TQ: KAHANAPUR,
DIST: BELAGAVI-590001,
REPRESENTED BY CHIEF OFFICER.
5. MEENAKSHI W/O. PRAKASH BAILURKAR,
AGE: 41 YEARS, OCC: MEMBER OF
TOWN PANCHAYATH (WARD NO.6)
R/O. NO.238, GHODE GALLI, KHANAPUR,
DIST: BELAGAVI-590001.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R3;
SRI. SADIQ N. GOODWALA, ADVOCATE FOR R4;
SRI. AVINASH ANGADI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR
DIRECTION TO:
A) QUASH THE NOTIFICATION DATED 05.08.2024 BEARING
NO.UDD.10.MLR.2024(3) ISSUED BY THE RESPONDENT NO.1
ALLOTTING THE OFFICE OF PRESIDENT AND VICE-PRESIDENT
OF 4TH RESPONDENT, KHANAPUR TOWN PANCHAYAT, IN
FAVOR OF 'GM-WOMEN' AND 'GM-WOMEN' CANDIDATE
RESPECTIVELY, PRODUCED AT ANNEXURE-B AND MEETING
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WP No. 104801 of 2024
AND CONNECTED MATTERS
NOTICE BEARING NO. ELECTION/VVA-01/2024-25 DATED 16-
08-2024 ISSUED BY 3RD RESPONDENT VIDE ANNEXURE-C, AS
ILLEGAL AND ARBITRARY, IN THE INTEREST OF JUSTICE AND
EQUITY.
B) DIRECT THE RESPONDENT NO.1 TO ALLOT SC CATEGORY TO
THE 4TH RESPONDENT TOWN PANCHAYAT, KHANAPUR BY
MODIFYING THE NOTIFICATION DATED 05-08-2024 AT
ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY AND
ETC.,.
IN WRIT PETITION NO. 104932 OF 2024
BETWEEN
SHASHIDHAR S/O. HUCHCHAPPA BASENAYAK,
AGED 48 YEARS, OCC: COUNCILOR WARD NO.20,
R/O. TALAWAR ONI, RANEBENNUR,
DIST: HAVERI-581115.
...PETITIONER
(BY SRI. S.S. BETURMATH AND SRI. K.L. PATIL, ADVOCATES)
AND
1. THE STATE OF KARNATAKA,
REPRESENTED BY UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA, BENGALURU-560001,
2. THE DEPUTY COMMISSIONER,
HAVERI DISTRICT AND DIST. ELECTION OFFICER,
HAVERI DISTRICT, HAVERI-581110.
3. THE CITY MUNICIPAL COUNCIL,
RANEBENNUR, DIST: HAVERI-581110,
BY ITS CHIEF OFFICER.
4. SMT. KAVITA
W/O. BASAVARAJ HEDDERI,
AGE: 51 YEARS, OCC: NAGARASABHA
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WP No. 104801 of 2024
AND CONNECTED MATTERS
MEMBER FROM WARD NO.17,
R/O. KURABAGERI CROSS, KAVAL PETE,
NEAR P.B. ROAD, TQ: RANEBENNUR,
DIST: HAVERI.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R2;
SRI. PRASHANTH HOSAMANI, ADVOCATE FOR R3;
SRI. JAGADISH PATIL, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
WRIT OR DIRECTING AND QUASH THE NOTIFICATION
BEARING NO. UDD 10 MLR 2024 (1) DATED 05/08/2024
ISSUED BY THE RESPONDENT NO 1 VIDE ANNEXURE F IN SO
FAR AS RESERVING THE POST OF PRESIDENT, OF CITY
MUNICIPAL COUNCIL RANEBENNUR IS CONCERN;
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE OR DIRECTION AND DIRECT THE RESPONDENT
NO.1 TO RE DO THE ROTATION OF ROTATION OF CATEGORY
FOR THE POST OF PRESIDENT OF CITY MUNICIPAL COUNCIL
RANEBENNUR IS CONCERN AND ETC.,.
IN WRIT PETITION NO. 104957 OF 2024
BETWEEN
HANUMANTAPPA S/O. RAMAPPA,
AGE: 55 YEARS, OCC: HOOVINHADAGALI TOWN
MUNICIPAL COUNCILOR,
R/O. 21ST WARD, HOOVINHADAGALI,
DIST: HOSPETE-583 201.
...PETITIONER
(BY SRI. ANAND R. KOLLI, ADVOCATE)
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WP No. 104801 of 2024
AND CONNECTED MATTERS
AND
1. THE STATE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY,
2ND AND 3RD FLOOR, NO.16, BELLARI ROAD,
SADASHIVANAGAR, BANGALORE-560001.
2. STATE GOVERNMENT,
REPRESENTED BY UNDER SECRETARY
TO THE GOVERNMENT,
DEPARTMENT OF URBAN DEVELOPMENT,
VIDHANA SOUDHA, BANGALORE-560001.
3. THE DEPUTY COMMISSIONER
AND DISTRICT ELECTION OFFICER,
VIJAYANAGAR, DIST: HOSPET-583231.
4. THE ELECTION OFFICER/TAHSILDAR,
HOOVINAHADAGALI, DIST: VIJAYANAGAR,
HOSPET-583231.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF IN
THE NATURE OF CERTIORARI QUASHING THE IMPUGNED
NOTIFICATION DATED 05.08.2024 BEARING NO.UDD10 MLR 2024(2)
PASSED BY THE RESPONDENT NO.2 AUTHORITY IN SO FAR AS THE
OFFICE OF THE VICE-PRESIDENT IN RESPECT OF
HOOVINAHADAGALI TOWN MUNICIPAL COUNCIL AS THE SAME IS
HEREWITH PRODUCED AND MARKED AS ANNEXURE-D IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,.
IN WRIT PETITION NO. 104990 OF 2024
BETWEEN
SANGEETA C. RAIBAG,
W/O. CHANDRAKANTH RAIBAG,
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WP No. 104801 of 2024
AND CONNECTED MATTERS
AGE: 32 YEARS, OCC: COUNCILOR,
R/AT: MADDI ONI (JUNIPETH),
AT/POST. RAMDURG,
TQ: RAMDURG-591123, DIST: BELAGAVI.
...PETITIONER
(BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE)
AND
1. STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
M.S. BUILDING, BANGALORE-560 001,
REP. BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER BELAGAVI,
DIST: BELAGAVI-590001.
3. THE TAHASILDAR,
ALSO RETURNING OFFICER,
RAMDURG-591123, DIST: BELAGAVI.
4. THE TOWN MUNICIPAL COUNCIL,
RAMADURGA-591123,
DIST: BELAGAVI,
REPRESENTED BY ITS CHIEF OFFICER.
5. LAXMAVVA W/O. JAGADISH KADAKOL,
AGE: 34 YEARS, OCC: MEMBER TMC RAMDURG,
R/O. ITI ONI, KILABANUR, RAMDURGA,
TQ: RAMDURGA, DIST: BELGAUR-591123.
6. SARITA W/O. GOVIND DHOOT,
AGE: 47 YEARS, OCC: MEMBER TMC RAMDURG,
R/O. H.NO.1619/B, KASHI PETH,
NEAR PANDURANG TEMPLE,
TQ: RAMDURGA, DIST: BELGAUM-591123.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R3;
SRI. HANUMANTHREDDY SAHUKAR, ADV. FOR R4;
SRI. H.N. GULARADDI, ADV. FOR R5)
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WP No. 104801 of 2024
AND CONNECTED MATTERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING
NOTIFICATION UDD 10 MLR 2024 (2) DATED 05-08-2024
ISSUED BY THE RESPONDENT NO.1 AT ANNEXURE-D IN
RESPECT OF TMC RAMDURG, IN THE INTEREST OF JUSTICE
AND EQUITY;
B) ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING THE
RESPONDENT NO.1 TO ALLOT SC (W) TO THE TOWN
MUNICIPAL COUNCIL, RAMDURG BY MODIFYING THE
NOTIFICATION UDD 10 MLR 2024 (2) DATED 05-08-2024
ISSUED BY THE RESPONDENT NO.1 AT ANNEXURE-D AND
ETC.,.
IN WRIT PETITION NO. 105149 OF 2024
BETWEEN
SMT. LAXMI W/O. ANILKUMAR SIDDAMMANAHALLI,
AGE: 37 YEARS, OCC: HOUSEHOLD,
R/O. NO.1401, S.M. KRISHNA NAGAR,
VTC, GADAG-582 201.
...PETITIONER
(BY SRI. S.S. BETURMATH AND SRI. K.L. PATIL, ADVOCATES)
AND
1. THE STATE OF KARNATAKA,
REPRESENTED BY UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER,
GADAG DISTRICT AND DIST. ELECTION OFFICER,
GADAG DISTRICT, GADAG-582 201.
3. THE COMMISSIONER,
GADAG-BETAGERI CITY MUNICIPAL COUNCIL,
GADAG-582 201.
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WP No. 104801 of 2024
AND CONNECTED MATTERS
4. VINAYAK MANVI,
AGED ABOUT 62 YEARS,
OCC: SOCIAL WORKER,
R/O. V.N.T. ROAD, GADAG.
5. USHA MAHESH DASAR,
AGED ABOUT 30 YEARS,
OCC: SOCIAL WORKER,
R/O. LAXMANSA NAGAR, MULGUND ROAD,
GADAG.
6. PRAKASH ANGADI,
AGED ABOUT 50 YEARS,
OCC: SOCIAL WORKER,
R/O. NEAR KARANTH SCAN CENTER,
MASARE.
7. SHIDDLINGAPPA (ANIL) M. ABBIGERI,
AGED ABOUT 49 YEARS, OCC: SOCIAL WORKER,
R/O. OLD SARAFF BAZAR, GADAG.
8. CHANDRASHEKAR TADASAD,
AGED ABOUT 51 YEARS, OCC: SOCIAL WORKER,
R/O. BASAVESHWAR NAGAR, GADAG.
9. RAGU YALVATTI,
AGE: MAJOR, OCC: SOCIAL WORKER,
R/O. NEAR HULKOTI SCHOOL, BETAGER,
GADAG.
10. MASUSA TEJOSA MERWADE,
AGED ABOUT 55 YEARS,
OCC: SOCIAL WORKER,
R/O. HOSPETI CHOWK,
AYYAPPA AJJA ROAD, BETAGERI.
11. GULAPPA MUSIGERI,
AGED ABOUT 41 YEARS, OCC: SOCIAL WORKER,
R/O. VIVEKANAND NAGAR, 4TH CROSS,
NEAR MARUTHI TEMPLE, GADAG.
12. ANITHA GADDI,
AGE: MAJOR, OCC: SOCIAL WORKER,
R/O. NEAR V.D.S.T.C SCHOOL, GADAG.
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WP No. 104801 of 2024
AND CONNECTED MATTERS
13. NAGRAJ TALWAR,
AGED ABOUT 49 YEARS, OCC: SOCIAL WORKER,
R/O. YELLAMALLI LAYOUT,
PLOT NO.42, KALSAPUR ROAD, GADAG.
14. VIJAYLAXMI SHASHIDAR DINDUR,
AGED ABOUT 40 EARS, OCC: SOCIAL WORKER,
NEAR KARIEMMANKAMMNKALLU, GADAG.
15. SWETHA PUNITKUMAR DANDIN,
AGED ABOUT 40 YEARS, OCC: SOCIAL WORKER,
R/O. NEAR K.V.S.R. COLLEGE, GADAG.
16. SUNANDA BAKGLE,
AGE: MAJOR, OCC: SOCIAL WORKER,
R/O. DASAR ONI, GADAG.
17. SHAILA BUKALE,
AGE: MAJOR, OCC: SOCIAL WORKER,
R/O. KAMTAR LAYOUT, GADAG.
18. HULGEMMA HABIB,
AGE: MAJOR, OCC: SOCIAL WORKER,
R/O. NEAR VIJAYNAGAR SCHOOL, GADAG.
19. VIDYAVATHI AMARMATH GADGI,
AGE: MAJOR, OCC: SOCIAL WORKER,
R/O. ADARSH NAGAR, GADAG.
20. MANTESH NELWADI,
AGE: MAJOR, OCC: SOCIAL WORKER,
R/O. SURYA NAGAR, GADAG.
21. LAXMI SHANKAR KAKI,
AGE: MAJOR, OCC: SOCIAL WORKER,
R/O. NEKAR COLONY, BETAGERI.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R2;
SRI. RAJASHEKAR GUNJALLI, ADVOCATE FOR R3;
SRI. K.N. PANEENDRA SR. COUNSEL FOR
MISS GAYATRI S.R., ADVOCATE FOR R4-21)
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WP No. 104801 of 2024
AND CONNECTED MATTERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
WRIT OR DIRECTING AND QUASH THE NOTIFICATION
BEARING NO.UDD 10 MLR 2024 (1) DATED 05/08/2024
ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-G IN SO
FAR AS RESERVING THE POST OF PRESIDENT OF CITY
MUNICIPAL COUNCIL GADAG BETAGERI IS CONCERN.
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE OR DIRECTION AND DIRECT THE RESPONDENT
NO.1 TO RE DO THE ROTATION OF ROTATION OF CATEGORY
FOR THE POST OF PRESIDENT OF CITY MUNICIPAL COUNCIL
GADAG BETAGERI IS CONCERN AND ETC.,.
IN WRIT PETITION NO. 105153 OF 2024
BETWEEN
IMTIYAZ AHMED
S/O. IBRAHIMSAB SHIRAHATTI,
AGE: 39 YEARS, OCC: BUSINESS,
R/O. SHIRAHATTI ONI, BETAGERI,
GADAG-582201.
...PETITIONER
(BY SRI. S.S. BETURMATH AND SRI. K.L. PATIL, ADVOCATES)
AND
1. THE STATE OF KARNATAKA,
REPRESENTED BY UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA, BENGALURU-560001.
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WP No. 104801 of 2024
AND CONNECTED MATTERS
2. THE DEPUTY COMMISSIONER,
GADAG DISTRICT AND DIST. ELECTION
OFFICER,
GADAG DISTRICT, GADAG-582201.
3. THE COMMISSIONER,
GADAG-BETAGERI CITY MUNICIPAL COUNCIL,
GADAG-582201.
...RESPONDENTS
(BY SRI. KESHAVAREDDY, AAG FOR
SRI. ASHOK KATTIMANI, AGA FOR R1-R2;
SRI. RAJASHEKAR GUNJALLI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
WRIT OR DIRECTING AND QUASH THE NOTIFICATION
BEARING NO. UDD 10 MLR 2024(1) DATED 05/08/2024
ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-G IN SO
FAR AS RESERVING THE POST OF VICE-PRESIDENT OF CITY
MUNICIPAL COUNCIL GADAG BETAGERI IS CONCERN;
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE OR DIRECTION AND DIRECT THE RESPONDENT
NO.1 TO RE DO THE ROTATION OF ROTATION OF CATEGORY
FOR THE POST OF VICE PRESIDENT OF CITY MUNICIPAL
COUNCIL GADAG BETAGERI IS CONCERN AND ETC.,.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 104801 of 2024
AND CONNECTED MATTERS
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) In W.P.No.104801/2024, the petitioner is elected as the member of the Town Municipal Council, Kampli in the general elections held on 14.11.2019. The Copy of the Declaration certificate issued by respondent No.3 is herewith marked as Annexure-A. The Petitioner is elected from ST category. This is the 3rd time he is elected as councilor to TMC Kampli.
2. The petitioner in W.P.No.104801/2024 has challenged the Government notification dated 05.08.2024 and for a writ of mandamus for a direction to respondent No.1 to allot the specific category to the respective City Municipal Council, Town Municipal Council, Town Panchayat.
3. In W.P.No.104820/2024, the petitioner is an elected councilor/member of Town Panchayat, Bilagi. He was elected as a councilor many times in the general election to urban local body i.e., the Town Panchayat Bilagi. Likewise, he is one among total 18 elected councilors in general
- 26 -
WP No. 104801 of 2024
AND CONNECTED MATTERS election held on 31/08/2018. The result of the said election was announced on 03/09/2018 and accordingly on 05/09/2018 publication was made as required under concerned rules. The names of the elected councilors have been shown in column No.3 and their respective details regarding reservation have been shown in column No.5 of the said schedule mentioned in the said publication.
4. In W.P.No.104825/2024, the petitioners are the members of the Town Panchayat Guttal in Haveri District, having been duly elected in the elections held to the City Municipal Council on 30.12.2021.
5. In W.P.No.104830/2024, the Petitioner is the Town Panchayat Councilor who has called in question the Notification dated 05.08.2024 bearing No.UDD.10.MLR.2024(3) issued by the Respondent No.1 declaring/allotting the Office of President and Vice-President of 6th Respondent Kundgol Town Panchayat, in favour of 'General Merit' candidate, in violation of Section 42 of the Karnataka Municipalities Act, 1964 and Rule 13 of Karnataka
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WP No. 104801 of 2024
AND CONNECTED MATTERS Municipalities (President and Vice-President) Election Rules, 1965.
6. In W.P.No.104849/2024, the petitioner contested to the post of member of Town Municipality from Ward No.5 of Kumata, Uttara Kannada District in the year 2020 and won the election and became member of Town Municipal Corporation from ward No.5. It is submitted that there are totally 23 wards in Kumata Town Municipal Council and out of which, the Congress party had won 6 seats, BJP 17 seats.
7. In W.P.No.104851/2024, the petitioner got elected as a members of the Hoovinahadagali Town Municipal Council and thereafter, the Election Officer/Returning Officer had issued the Election Certificate and admittedly the petitioner is belong to General Merit and she has been contested from the General Merit and got elected from Ward No.8 under the General Category.
8. In W.P.No.104854/2024, the petitioners are resident of Kustagi and belong to Schedule Caste Community. The petitioners have contested for the post of
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WP No. 104801 of 2024
AND CONNECTED MATTERS councilors from Ward No 6 and 15 and got elected during the election held in the year 2018.
9. In W.P.No.104886/2024, the petitioner got elected as a members of the Hoovinahadagali Town Municipal Council and thereafter, the Election Officer/Returning Officer had issued the Election Certificate and the petitioner along with other members had forwarded the list of all elected members the Deputy Commissioner and other departments had admittedly the petitioner belongs to Schedule Caste and she got elected from the reserve ward and the petitioner producing list for the purpose of that she is a member of the Town Member Council Hoovinahadagali.
10. In W.P.No.104897/2024, the petitioner is the resident of the Sadalaga town doing his Mobile business at Sadalaga Town. That the Petitioner belongs to Gosavi caste which comes under ST category. That the election to the post of councilors of the 5th respondent was declared and several wards in the Sadalaga town was reserved for various casts and ward No.11 was reserved for ST cast. That the Petitioner being ST caste has secured his caste certificate
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WP No. 104801 of 2024
AND CONNECTED MATTERS from the competent authority and contested in the election and got elected and presently serving as elected councilor of the Town Municipal Council, Sadalaga.
11. In W.P.No.104930/2024, the petitioner is resident of Khanapur and belongs to Schedule Caste Community. The petitioner has contested for the post of councilor from Ward No.03 and got elected during the election held in the year 2018.
12. In W.P.No.104932/2024, the Petitioner is the elected member City Municipal Council Ranebennur from Ward No.20 in the General Elections held on 03/09/2018.
13. In W.P.No.104957/2024, the petitioner got elected as a members of the Hoovinahadagali Town Municipal Council and thereafter, the Election Officer/Returning Officer had issued the Election Certificate and admittedly the petitioner is belong to Schedule Tribe and he has been contested and got elected from Ward No.21st and after getting elected the election commissioner and issued a election certificate and further the petitioner
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WP No. 104801 of 2024
AND CONNECTED MATTERS produced the copy of the caste certificate to show that the petitioner belongs to Schedule Tribes.
14. In W.P.No.104990/2024, the petitioner is elected as the member of the Town Municipal Council Ramdurg in the general elections held on 03.09.2018. The copy of the election certificate issued by returning officer is here with marked as Annexure-A. The elected member of Respondent No.4 TMC is 27. The Petitioner is elected from SC category.
15. In W.P.No.105149/2024, the petitioner is the elected member Gadag-Betageri City Municipal Council Gadag from Ward No.1 in the General Elections held on 01/01/2022.
16. In W.P.No.105153/2024, the petitioner is the elected member Gadag-Betageri City Municipal Council Gadag from Ward No.10 in the General Elections held on 01/01/2022.
17. The petitioners in these batch of matters are elected members to the City Municipal Council, Town Municipal Council and Town Panchayat in various categories.
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WP No. 104801 of 2024
AND CONNECTED MATTERS The office of the members holding the post to these posts is for a period of 5 years. The elections to the post of President and Vice President are held once in 2½ years. It is the case of the petitioners that in view of issuance of fresh guidelines, Government of Karnataka respondent No.1 issued notification dated 08.10.2020, wherein the categories for the post of President and Vice President for all the Town Municipal Council for the 9th term was announced in accordance with the Karnataka Municipalities (President and Vice President) Election Amendment Rules, 2018. The post of President in the CMC, TMC, and TP were reserved for various categories as stated in the notification dated 08.10.2020. The election for the post of President and Vice President are scheduled to be conducted for all the Town Municipal Councils across the State for the 10th term.
18. Learned counsel for the petitioner submits that the Government issued notification for various categories for the post of President and Vice President for all the Town Municipal Council, City Municipal Council and Town Panchayat. The notification was issued in accordance to
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WP No. 104801 of 2024
AND CONNECTED MATTERS Karnataka Municipalities (President and Vice President) Election Amendment Rules, 2018. The post of President was reserved for Kampli TMC as per the table mentioned below.
SL. YEAR TERM PRESIDENT
No.
1. 1995 1ST BCA
2. 2ND General
3. 2001 1ST SC
4. 2ND General
5. 2007 1ST General
6. 2ND ST (w)
7. 2013 1ST BCA (W)
8. 2ND General
9. 2019 1ST General(w)
10. 2024 2ND General
19. Learned counsel for the petitioner contends that at the 9th term of the President and Vice President is completed for the period of 30 months in the year 2021. Thereafter Administrator was appointed for the local bodies. Learned counsel for the petitioner further contends that the Government issued notifications to conduct election for the post of President and Vice President for local bodies in the State of Karnataka. The Councillors of local bodies challenged the said notification before this Court in Writ
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WP No. 104801 of 2024
AND CONNECTED MATTERS Petition No.11566/2020, wherein this Court quashed the said notification, vide order dated 19.11.2020.
20. It is contented by learned counsel for the petitioner that the State Government challenged the said order by filing a Writ Appeal No.551/2020 before the Division Bench of this Court, which came to be allowed on 21.04.2021 on the ground that the aggrieved persons can file an election petition.
21. It is the contention of learned counsel for the petitioners that aggrieved by the orders passed by the Division Bench of this Court, a petition came to be filed before the Hon'ble Supreme Court in SLP No.006652/2021. It is contended that the Hon'ble Apex Court admitted the matter and directed the State Government to take the help of a software to allot categories by following the guidelines dated 11.09.2020. The said SLP is pending before the Hon'ble Apex Court. It is contended that during the pendency of the appeal, the election to the post of President and Vice President for the 9th term was held on 08.10.2020 and the
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WP No. 104801 of 2024
AND CONNECTED MATTERS results were announced on 28.04.2021. Hence the elections to the 9th term was completed on 28.10.2023. It is further stated that the term of the administrators appointed to the local bodies accordingly expired.
22. It is the contention of learned counsel for the petitioners that the State Government issued reservation notifications dated 05.08.2024 for the post of President and Vice President for all the local bodies. It is the contention of learned counsel for the petitioner that in this case for the Town Municipal Council, Kampli, the post of President is again reserved for the category 'General', which is repetition of the said category. It is contended by learned counsel for the petitioner that the said reservation so allotted is in complete violation of the guidelines date at 11.09.2020 and Rule 13 (5) of the Karnataka Municipalities President and Vice President (Election Amended) Rules, 2018.
23. It is further contended by learned counsel for the petitioner that there are in all 123 Town Municipal Councils throughout the State of Karnataka and it is further
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WP No. 104801 of 2024
AND CONNECTED MATTERS contended that in the list of population as per the 2011 census, Kampli is at Sl.No.55 with 8.38% of ST population. Whereas, ST seats now allotted to Annigeri with 4.11%, Chikkanayakanahalli with 4.36%, Devanahalli with 4.52%, Hosadurga with 4.48%, KR Nagar with 4.49%, Kushtagi with 4.11% and Malebennuru with 4.13%, all have a lesser population of Schedule Tribes than that of Town Municipal Council, Kampli. According to the learned counsel for petitioner as per the principle of rotation, schedule tribe are not have been allotted to any of the aforementioned Town Municipal Councils as the population of Scheduled Tribe in Town Municipal Council, Kampli is higher than Annigeri, Chikkanayakanahalli, Devanahalli, Hosadurga KR Nagar, Kushtagi and Malebennuru. It is further contended by learned counsel for the petitioner that the notification dated 05.08.2024 for the 10th term is completely against the principle of rotation.
24. It is vehement contention of learned counsel for the petitioners that the category of 'General' is already repeated in the 8th and 9th term and again the same category
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AND CONNECTED MATTERS of 'General' is allotted to the 10th term, which is illegal and contrary to the rotation system. Therefore he further contends that the Town Municipal Council, Kampli stands at Sl.No.55 with 8.38% of ST population and the reservation to the post of President for the said category of ST is not allotted to the Town Municipal Council, Kampli. On the contrary, the Town Municipal Council, which has lesser population than Kampli has been allotted the ST reservation, which is unsustainable in law. Therefore, learned counsel vociferously contends that the impugned notification passed by the Government of Karnataka dated 05.08.2024 at Annexure-D is arbitrary and is issued in order to suit the political needs of the ruling party. Therefore petitioner is aggrieved by the impugned notification. Hence the present petition.
25. It is the vehement contention of learned counsel for the petitioner that the Government of Karnataka respondent No.1 has not applied its mind while passing the impugned notification and the notification is issued on its own whims and fancies, which is an abuse by the ruling
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AND CONNECTED MATTERS Political Party. It is further contended by the learned counsel for the petitioner that the impugned notification is issued without considering various pros and cons and there is a repetition of the reservation of categories for the said posts across the State. It is further contended that responded No.1 has completely ignored section 42 of the Karnataka Municipalities Act, 1964.
26. It is the vehement contention of learned counsel for the petitioner that the notification issued by the respondent No.1 is not in compliance with the affidavit and the undertaking given before the Hon'ble Apex Court and the State Government has not followed the orders of Hon'ble Apex Court and thereby has committed a breach and violation of its own undertaking and breach of the affidavit filed before the Hon'ble Apex Court. It is further contended by the learned counsel that as per the undertaking affidavit presented before the Hon'ble Apex Court, State Government had undertaken to provide reservation to all categories as per the rotation system to the City Municipal Council, Town Municipal Council, and Town Panchayat.
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27. Learned counsel appearing in all the connected matters are also aggrieved by the very same notification dated 05.08.2024 issued by the State Government for each of the respective Town Municipal Council, City Municipal Council and Town Panchayat on the very same ground of non granting of proper and appropriate reservation categories to the post of President and Vice President.
28. Learned counsel for the petitioners contend that respondent No.1 has ignored section 42 of the Karnataka Municipalities Act, 1964. It is further contended that reservation to the post of President and Vice President requires to be granted and provided as per the principle of rotation. Learned counsel for the petitioners also rely upon Rule 13 of the Karnataka Municipalities (President and Vice President) Election Amendment Rules, 2015. it is further contended by the learned counsel that having not followed the principle of rotation of reservation for the post of President and Vice President for the City Municipal Council, Town Municipal Council and Town Panchayat, the notification issued by the State which is impugned herein is ultra virus,
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AND CONNECTED MATTERS contrary to the undertaking and the affidavit filed before the Hon'ble Apex Court. It is the vehement contention of the learned counsel for the petitioners that not following the principle of rotation for reservation as per the fresh cycle of rotation deprives the petitioners of their eligible legal right of contesting for the post of President and Vice President to the local bodies, thereby the notification issued is arbitrary, illegal, violative of principles of natural justice, breach of the undertaking given before the Hon'ble Apex Court and the affidavit filed before the Hon'ble Apex Court.
29. It is the vehement contention of learned counsel for the petitioners, despite giving an undertaking by way of affidavit before the Hon'ble Apex Court, the rotation system for reservation is deliberately not followed and several categories are continuously repeated with mala fide intention to deprive the other sections of the society from due participation and effective representation, more specifically the reserved categories of Scheduled Caste and Scheduled Tribe and also the Women category. It is also vehement contention that the State while issuing the notification has
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AND CONNECTED MATTERS not followed the steps formulated by the Hon'ble Apex Court in SLP No.7090/2021. It is also contended by learned counsel for the petitioners that Rule 13 of Karnataka Municipalities (President and Vice President) Election Rules, 1965 has not been followed in the right spirit. It is further contended that as per Rule 13 stated hereinabove, three tables are formulated for following the principle of rotation in reservation of offices to the post of President and Vice President which is conveniently thrown out of the window, thereby the State Government has deliberately violated the undertaking of affidavit filed before the Hon'ble Apex Court.
30. Learned counsel for the petitioners relied on the judgment in the case of State of Goa and another vs. Fouziya Imtiaz Shaikh and another, reported in (2021)8 Supreme Court Cases 401, in support of their case:
31. The respondent State Government has filed detailed statement of objections to all these petitions primarily contending that these petitions are not
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AND CONNECTED MATTERS maintainable in law or on facts of each of the case and the same is liable to be dismissed in limine. Sri Keshav Reddy, learned Additional Advocate General contends that the State Government issued notification for reservation to the offices of President and Vice President to various categories for the 9th term in respect of City Municipal Council, Town Municipal Council and Town Panchayat, vide notification dated 08.10.2020 under Rule 13 and 13-A of the Karnataka Municipalities (President and Vice President) Election (Amendment) Rules 2020 and guidelines.
32. It is further contended by learned Additional Advocate General that aggrieved by the notification dated 08.10.2020, one Sri R.Basavaraj filed W.P.No.11566/2020 before this Court, which came to be allowed and the reservation of President and Vice President in all Municipal Councils by virtue of the said notification came to be set aside. The respondent State was directed to notify reservation freshly to the post of President and Vice President to all the Municipal Councils. It is further contended that aggrieved by the said order State preferred
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AND CONNECTED MATTERS an appeal before the Division Bench of this Court in W.A.No.551/2020, which came to be allowed. Learned additional Advocate General agrees that aggrieved by the said order of the Division Bench of this Court, one Sri H.V.Chandregowda and others preferred an appeal before the Hon'ble Apex Court in SLP No.7090/2020. It is further contended that, the Hon'ble Apex Court passed the following order:
"To give quietus to all the contentious issues, we direct the State to first re-work the chart strictly in consonance with the provisions of the Act and Rules without reference to the guidelines prepared by the committee. That can be conveniently done by taking help of technology (IT) on or before 02.04.2022.
The re-worked chart be made over to the learned counsel appearing for the opposite parties on or before 02.04.2022"
33. It is further contented by learner Additional Advocate General that in compliance of the orders passed by the Hon'ble Apex Court, the State Government filed an affidavit on 06.04.2022 detailing the allocation of reservations for various categories across 61 City Municipal
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AND CONNECTED MATTERS Council from the 1st to the 10th term while avoiding the repetitions as much as possible, in accordance with the directions of the Honb'le Apex Court. It is further contended that the State has also requested additional time to finalise the reservations for town Municipal Council and Town Panchayat. It is further contented that the matter before the Apex Court came to be listed on 07.04.2022, whereby the Apex Court passed the following order:
"Mr. Nikhil Goel, learned counsel appearing for the State, prays for some more time for giving a firm proposal in reference to the observation made by this Court on earlier occasion. He submits that the modalities to design a software is still being examined and it may take some more time, until then the Department has prepared a flow chart on notional basis which, according to the Department, is strictly in adherence to the norms specified in the applicable Rules.
Be that as it may, hearing of these matters is deferred until 19.04.2022, as requested. In the meantime, the State is free to file appropriate affidavit, if intends to rely on the flow chart manually prepared at the Department level. That be placed on record along with affidavit of the Secretary of the concerned Department clearly stating that the flow chart as presented is accurate and error- free, in all respects"
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34. It is further contended by learned Additional Advocate General that on request made to the National Informatics Centre (NIC), a software was developed which was submitted to the Hon'ble Apex Court on 09.05.2022, thereafter the Hon'ble Apex Court vide order dated 10.05.2022 agreed that the steps are in conformity with the procedure to be followed under the relevant provisions of the Act and Rules and permitted the State Government to proceed further in the matter and ensure that the software made is ready within 5 weeks as assured by National Informatics Centre (NIC). It is further contended that the State Government submitted a revised chart to the Urban Development Department, which was in turn submitted to the Hon'ble Apex Court through an affidavit on 21.07.2022 and 16.08.2022.
35. It is submitted that based on the final chart for City Municipal Council, Town Municipal Council and Town Panchayat, submitted by the National Informatics Centre, the same was submitted before the Hon'ble Apex Court on
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AND CONNECTED MATTERS 12.09.2022 through an affidavit, thereafter the Hon'ble Apex Court passed an order on 13.12.2022 as under:
"Mr. Shubhranshu Padhi, learned counsel appearing for the State of Karnataka has referred to the compliance report and points out that the authorities in terms of this Court's order have re-worked the reserved constituencies for the Municipal Council Election with the aid of the NIC. This exercise, however, will obviously work for future elections only. On the compliance report, so filed, the petitioners have no objection but they would urge for hearing of the special leave petition which relates to the election which was held in the year 2020."
36. It is contended by the learned Additional Advocate General that the issue of reservation for the 10th term was resolved before the Hon'ble Apex Court and in compliance of the directions of the Hon'ble Apex Court, the respondent State submitted reservation chart through an affidavit of the responsible officer of the State, person to which the reservation of the office of President and Vice President were generated by the software without human intervention. The same was accepted by the respective parties, therefore the issue of reservation attained finality as
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AND CONNECTED MATTERS per the orders of the Hon'ble Apex Court in the Special Leave Petition No.7090/2021.
37. It is further contended by learned Additional Advocate General that a similar writ petition came to be filed by one Sri Syed Nasrullah, in W.P.No.2448/2024, Smt.Bhagya S., and others in W.P.No.3117/2024, Sri Jaivardana B., and others in W.P.No.3438/2024 before this Court seeking similar directions to the respondent authorities to issue reservation notification for the post of President and Vice President for Chitradurga Town Municipal Council, Bannur Town Municipal Council and Kushalnagar Town Municipal Council. These writ petitions were heard by this Court and came to be dismissed on 09.08.2024 on the basis of the fact that the reservation notification for the post of President and Vice President for City Municipal Council, Town Municipal Council and Town Panchayat was already notified vide notification dated 05.08.2024 and that the elections were already fixed. Hence the petitions would not survive for consideration.
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38. It is further contention of learned Additional Advocate General that the respondent State issued draft rules of the Karnataka Municipalities (President and Vice President) Election (Amendment) Rules 2024 on 12.07.2024 inviting objections with suggestions before expiry of 15 days from the date of its publication in the Official Gazette. It is pursuant to this publication and after considering the objections and suggestions the respondent State issued final Rules of the Karnataka Municipalities (President and vice president) Election (Amendment) Rules 2024. Thereafter the calendar of events came to be issued and announced to various City Municipal Council, Town Municipal Council and Town Panchayat. Therefore the present challenge made to the impugned notification is bad in law and contrary to the orders of this Court and the Hon'ble Supreme Court.
39. It is vehement contention of learned Additional Advocate General that there is very little human interference for determination of reservation categories as the determination of categories is made by the National Informatics Centre (NIC), which was accepted by the Hon'ble
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AND CONNECTED MATTERS Supreme Court and also their respective parties before the Supreme Court.
40. It is further contended by the learned Additional Advocate General that the impugned notification dated 05.08.2024 was issued for the 10th term and the reservation chart submitted to the Hon'ble Supreme Court by the respondent State adheres to the provisions of Section 42 of the Karnataka Municipalities Act 1964, Rule 13 of the Karnataka Municipalities (President and Vice President) Election (Amendment) Rules, 2024 for the 10th term. It is further contended that the allegations made by the petitioners in these petitions are not sustainable for the reason that a detailed reservation chart was submitted before the Hon'ble Supreme Court, which formulated steps to be followed and accordingly the same was followed while issuing notification for reservation and to follow the rotation system.
41. It is further contended by the learned Additional Advocate General that the total number of office of the
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AND CONNECTED MATTERS President and Vice-President of Municipal Councils in the State is reserved for General Category and out of this General Category 50% is reserved for General and remaining 50% is reserved for the General (Women).
42. It is the further contention of learned Additional Advocate General that the number of offices of President and Vice President in the State of Karnataka for the persons belonging to Scheduled Caste and Scheduled Tribes to such offices it is nearly as may be the same proportion to the total number of offices in the State as the population of Scheduled Caste and Scheduled Tribes in the State to be looked into, which shall be 1/3rd of total number of posts of President and Vice President in the State with persons belonging to backward classes.
43. It is further contended by the learned Additional Advocate General that while allocating the reservation for the post of President and Vice President, the reservation of entire State is required to be taken into account and it cannot be looked into the manner in which the petitioner is seeking i.e.,
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AND CONNECTED MATTERS only City Municipal Council of Kampli or any other council or Panchayath to be taken into consideration. Therefore it is contended that while taking into consideration the issue of reservation for the post of President and Vice President after considering the above mentioned parameters, the post of President is reserved to General Category and for the post of Vice President is reserved for General (Women) Category in Kampli City Municipal Council. Therefore it is contended that there is no illegality or perversity or violation of the principle of rotation in fixing the reservation to the post of President and Vice President.
44. It is further contended by the learned Additional Advocate General that the reservation rotation system of different categories for the office of President and Vice President of City Municipal Council, Town Municipal Council and Town Panchayat is prepared by the National Informatics Centre (NIC) as per the Act and Rules and also the steps agreed by the Hon'ble Supreme Court for the entire State of Karnataka. Under the circumstances the contention and allegations made by the learned counsel for the petitioners in
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AND CONNECTED MATTERS this batch of petitions with regard to there being no proper reservation rotation system followed in accordance to the affidavit of undertaking put forth before the Hon'ble Supreme Court may not be correct as the respondent state has followed the Act and Rules and the reservation rotation system in accordance to the steps formulated by the Hon'ble Supreme Court and there is no violation or breach of the undertaking given before the Hon'ble Supreme Court. It is also not open to the particular Municipal Councillor to claim as a matter of right that a particular reservation should be provided to the respective Municipal Council. Under the circumstances these writ petitions are not maintainable on facts and in law. Hence, the same deserves to be dismissed.
45. It is also the vehement contention of learned Additional Advocate General that the petitions are barred under Article 243AG of the Constitution of India. Hence, the present petitions filed by the petitioners are not maintainable and liable to be dismissed. It is also further contented that the reservation of seats as contemplated under Article 243T of the Constitution of India is complied. Therefore, there is
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AND CONNECTED MATTERS no violation of the constitutional provisions and also the undertaking given before the Hon'ble Supreme Court. Learned Additional Advocate General contends that the Division Bench of this Court in Writ Appeal No.551/2020 considered all these aspects and set aside the judgement of the learned single Judge, which is correct and the same requires to be followed in the present batch of petitions.
46. It is the vehement contention of the learned Additional Advocate General that elections to several other City Municipal Council, Town Municipal Council and Town Panchayat have been concluded. The process of reservation of seats and rotation system have been followed in all the Municipal Councils and Town Panchayats, any alteration that would be now made at the behest of petitioners would change the overall reservation of seats and the rotation system already formulated by the State. Therefore any tinkering of the reservation of seats for following the rotation system as contended by the petitioners would affect the remaining Municipal Councils and Town Panchayats. It is contended by the learned Additional Advocate General that
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AND CONNECTED MATTERS provisions of the Karnataka Municipalities Act for reservation of seats and the rotation system have been duly followed keeping in mind the affidavit and undertaking given before the Hon'ble Supreme Court.
47. Learned counsels for the respondents support the contention put forward by the learned Additional Advocate General with regard to maintainability of these petitions in view of the bar under article 243ZG of Constitution of India. It is also further contented that there is no violation of the provisions of Karnataka Municipalities Act with regard to reservation of seats and the rotation system by the State.
48. It is the vehement contention of learner Senior Counsel Shri.K.N.Phanindra representing respondents No.4 to 21 that they are all elected councillors. He further contends that out of 61 seats, 30 are reserved seats and 31 are reserved for General Category. It is further contended by him that out of 61 seats 10 seats are reserved for SC category, 4 seats are reserved for ST category, 13 seats are reserved for BCA category and 3 seats are reserved for BCB
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AND CONNECTED MATTERS category, totally it comes to 30 reserved categories and the remaining would be 31 for the General Category. Learned Senior Counsel further contends that 60% of the elections is already over. Therefore, any alteration or tinkering at the asking of the petitioners would be causing further chaos and disturbance to already existing rotation system and reservation system followed across the State. It is further contended by him that in some Councils elections have been declared in the year 2021 but they are unable to function as Councillors. It is further contented that there is absolutely no violation or deviation of the undertaking and the affidavit filed before the Hon'ble Supreme Court, there is no violation of the provisions of the Karnataka Municipalities Act, neither violation of any of the Articles of the Constitution of India. Hence the notification issued by the State is in accordance with law and does not call for interference. The present petitions being devoid of merits are liable to be dismissed with exemplary costs.
49. Learned counsels for the respondents namely Sri Shivaraj Balloli, Sri Vadiraj P. Vadavi,
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AND CONNECTED MATTERS Sri G.I.Gachchinamath, Sri B. Sharanabasawa, Sri S.B.Doddagoudar, Sri Sadiq N. Goodwala, Sri Sharad Magadum, Sri Avinash Angadi, Sri Prashant Hosamani, Sri H.N.Gularaddi, and Sri Rajashekhar Gunjalli, adopt the arguments of learned Additional Advocate General and concur with the arguments advanced by the learned Senior Counsel Sri K.N.Phanindra and accordingly seek for dismissal of the petition.
50. Learned counsel Smt.Vidyavathi M., relies on the judgement of Hon'ble Supreme Court in the case of State of Goa and another vs. Fouziya Imtiaz Shaikh and another, reported in (2021) 8 Supreme Court Cases 401, in support of her case.
51. I have heard the arguments of learned counsel for the petitioners Smt.Vidyavati M. Kotturshettar, Sri Shrikanth T. Patil, Sri K.L.Patil, Sri Rajashekhar Burji, Sri Avinash Angadi, Sri Anand R. Kolli, Sri Sunil S. Desai, Sri D.V.Pattar, Sri Shivaraj P. Mudhol, Sri S.S.Beturmath, and learned counsels for the respondents namely, Additional
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AND CONNECTED MATTERS Advocate General Sri Keshav Reddy along with Additional Government Advocate for the respondent State, learned Senior Counsel Sri K.N.Phanindra for Miss. Gayatri S.R. and other counsels namely Sri Shivaraj Balloli, Sri Vadiraj P. Vadavi, Sri Hanumanthreddy Sahukar, Sri Jagadish Patil, Sri G.I.Gachchinamath, Sri B. Sharanabasawa, Sri Sadiq N. Goodwala, Sri S.B.Doddagoudar, Sri Sadiq N. Goodwala, Sri Sharad Magadum, Sri Avinash Angadi, Sri Prashant Hosamani, Sri H.N.Gularaddi, and Sri Rajashekhar Gunjalli.
52. It is not in dispute that the respondent No.1 State issued notification dated 08.10.2020 wherein the categories for the post of President and Vice President for all the City Municipal Council, Town Municipal Council and Town Panchayat was announced in accordance to the Karnataka Municipalities (President and Vice President) Election (Amendment) Rules, 2018. Elections to the post of President and Vice President was schedule to be conducted for all the City Municipal Councils, Town Municipal Councils and Town Panchayats for the 10th term. This being the state of affairs, some of the councillors of local bodies challenged the
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AND CONNECTED MATTERS notification before this Court in W.P.No.11566/2020 and upon hearing, this Court quashed notification. Being aggrieved, the State Government challenged the same in Writ Appeal No.551/2020 before the Division Bench of this Court, which came to be allowed and the order of the learned single Judge came to be set aside by reserving liberty to the aggrieved persons to challenge the same by filing election petition.
53. Aggrieved by the judgement of the Division Bench of this Court, the councillors took up the matter before the Hon'ble Supreme Court by filing an appeal in SLP No.006652/2021. The Hon'ble Supreme Court passed an interim order dated 24.03.2022, which is stated supra.
54. In compliance to the aforementioned order passed by the Hon'ble Supreme Court, the respondent State Government filed affidavit on 06.04.2022 detailing the allocation of reservations for various categories across 61 City Municipal Council from the 1st to the 10th term while avoiding repetitions as much as possible. In view of the
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AND CONNECTED MATTERS State Government requesting additional time to finalise the reservations for Town Municipal Council and Town Panchayat, the Supreme Court adjourned the hearing of the matter to facilitate the State to finalise the reservation in accordance to the rotation system and in view of time again been sought by the respondent State Government, the case came to be adjourned further to 19.04.2022. The order passed by the Hon'ble Supreme Court on 07.04.2022 is already extracted in the previous paragraph:
55. It is seen that the State Government requested the National Informatics Centre (NIC) to develop a software in accordance to the directions of the Hon'ble Supreme Court and accordingly a software was developed and submitted to the Hon'ble Supreme Court, which was agreed and accepted by the Hon'ble Supreme Court to follow the relevant provisions of the Act and Rules and permitted the State Government to proceed further in the matter and to ensure that the software is made ready within 5 weeks by the National Informatics Center (NIC). It is further seen that based on the specified terms of reference the National
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AND CONNECTED MATTERS Informatics Centre (NIC) submitted the draft reservation chart of Town Panchayats, City Municipal Council and Town Municipal Council to the Urban Development Department and after revised chart was submitted to the Urban Development Department of the State, which was in turn submitted to the Hon'ble Supreme Court by filing affidavit on 21.07.2022 and 16.08.2022.
56. The National Informatics Centre (NIC) submitted a final reservation chart for the City Municipal Council, Town Municipal Council and Town Panchayat generated through the software developed and submitted the same to the State Government, which was in turn submitted to the Hon'ble Supreme Court on 12.09.2022 through an affidavit. The Hon'ble Supreme Court accepted the affidavit so filed by the respondent State Government and passed the following order extracted hereinbelow:-
"Mr.Shubhanshu Padhi, learned counsel appearing for the State of Karnataka has referred to the compliance report and points out that the authorities in terms of this Court's order have re- worked the reserved constituencies for the Municipal Council Election with the aid of the NIC.
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AND CONNECTED MATTERS This exercise, however, will obviously work for future elections only. On the compliance report, so filed, the petitioners have no objection but they would urge for hearing of the special leave petition which relates to the election which was held in the year 2020."
57. It is relevant to note here that based on the orders passed by the Hon'ble Supreme Court, the State Government prepared terms of reference and accordingly a chart was prepared by the National Informatics Centre (NIC), which was in turn filed before the Hon'ble Supreme Court and the same was accepted and the petitioners therein did not have any objection for the same, however, they wanted the Special Leave Petition to be heard and disposed. It is seen that the reservation of the office of President and Vice President were generated by the software without human intervention in order to see that the rotation system and the reservation to relevant categories are not repeated, thereby causing hardship and inconvenience and violation of fundamental rights of the parties.
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58. The Hon'ble Supreme Court formulated certain steps to be followed for reservation to the post of President and Vice President in urban local bodies. The steps so formulated are extracted here in below :-
"Step-1:
The quantum of reservation contemplated in Rule- 13(1) will be manually provided to NIC by the Government. According to Sub-section 2A of Section 42 of Karnataka Municipalities Act, 1964 which provides for reservation of the offices of the Presidents and Vice-Presidents of City Municipal Councils (CMCS), Town Municipal Councils (TMCs) and Town Panchayats (TPs) to SCs, STs, BCs and Women is as mentioned below:
(a) The offices of the President and Vice President in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State.
(b) OBCs - one-third of the total number of offices of President and Vice-President in the State shall be fixed for the persons belonging to the backward classes.
(c) Not more than 50% of the total number of offices for Reservation from each of the Categories reserved for Scheduled Castes and Scheduled Tribes and Backward Classes and those which are non-reserved shall be fixed for women.
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(d) The offices of the President and Vice- President for the Backward Classes under this clause shall be so determined that the total number of offices of President and vice-President reserved for the Scheduled Castes and Scheduled Tribes and the Backward Classes under this clause shall not exceed 50% of the total number of Offices of President and Vice-President of the Municipal Councils in the State.
(e) This information will be provided to NIC at the earliest before commencement of elections to the Local Bodies and not later than one day before the date of Results.
Step-2:
1. The sequence for offices of President and Vice-President in Urban Local Bodies will be reserved on the basis of table specified in Rule 13(1) of Karnataka Municipalities (President/Vice-
President) Election Rules 1965 and subsequent Karnataka Municipalities (President/Vice- President) Election (Amendment) Rules issued by the Urban Development Department from time to time.
2. The reservation of the offices of President and Vice-President of the CMCs, TMCs and TPS for different categories as specified by Government as per Amendment to sub-section (2A) of Section 42 read with Section 352 of Karnataka Municipalities Act, 1964.
3. The cycle of rotation shall commence from the first term, after first ordinary election held after 01/06/1994 and would complete when all the categories are represented. Thereafter a fresh cycle of rotation shall be operated. This cycle has been notionally calculated for the first to ninth term. This is also applicable in respect of
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AND CONNECTED MATTERS upgraded Urban Local Bodies. In respect of up- gradation of TMC to CMC, TP to TMC, the reservation of previous terms, as TMC and TP shall be as considered and the roaster for the CMC/TMC/TP shall be applied w.e.f. the current position in the cycle.
4. The office of the President and Vice- President of CMCs, TMCs and TPs reserved for Scheduled Caste, Scheduled Caste-Woman, Scheduled Tribe, Scheduled Tribe-Woman, Backward Class Category-A, Backward Class Category-A-Woman, Backward Class Category-B, Backward Class Category-B-Woman, in the previous terms shall, as far as possible, not to be allotted to the same category in the succeeding term, until the cycle of rotation is completed in respect of such category.
5. The office of the President and Vice President of the CMCs, TMCs and TPs as the case may be, shall not be allotted in favor of the same reserved category i.e. of Scheduled Caste, Scheduled Tribe, Backward Class and woman in the same term.
6. The reservation of the offices of Presidents and Vice-Presidents of CMCs, TMCs and TPs in favor of SC/ST candidates in the State shall be determined by the Government based on the highest percentage of SC/ST population with reference to the total population of the City concerned on the basis of 1991 Census (upto 3rd Term), 2001 Census (4th to 6th Term) and 2011 Census (7th to 10th Term). The ULBs are arranged on the basis of decreasing percentage of population of SC/ST as the case may be while making such allotment. It is reiterated that for term 1 to 9, these are being calculated notionally.
7. In case the offices of the President or Vice- President is already reserved for SC/ST category
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AND CONNECTED MATTERS in the previous terms, the reservation of the post in question shall apply for the town with the next highest percentage of SC/ST population in the descending order as determined on the basis of the 1991, 2001 & 2011 census irrespective of the fact that the town has a higher percentage of population of SC or ST in comparison to other towns in compliance with Rule-13A(4) of the Karnataka Municipalities (President/Vice- President) Election Rules 1965.
8. Every ULB within CMCs/TMCs/TPs shall be arranged in a decreasing order of percentage of SC population. Thereafter Reservation for the Scheduled Caste category shall be done on the principle of rotation based upon decreasing order of the percentage of population of Scheduled Castes.
9. A similar exercise shall be followed for ST category i.e. every ULB within CMCs/TMCs/TPs shall be arranged in a decreasing order of percentage of ST population and then the reservation for ST category shall be done on the basis of rotation.
10. Allotment of seats shall be SC>SCW>ST>STW>BCA>BCAW>BCB>BCBW>G >GW in accordance with the table specified in Rule 13(1) of the Karnataka Municipalities (President/Vice-President) Election Rules 1965." Step 3:
The above procedure as in Step-2 shall be adopted for allocation of seats to the Posts of Vice President also.
Step 4:
Despite following the above mentioned steps, if the software either encounters a repetition or
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AND CONNECTED MATTERS exceeds the quantum of reservation or finds the final outcome to be in breach of Section-42(A), such residual offices shall be interchanged with General category or any other category without affecting the principle of rotation with minimum repetition. The proceedings (footnotes) shall be drawn indicating reasons for such interchanges.
Step 5:
After following the procedure detailed above, NIC will provide the software application with the Final Reservation Chart along with the worksheet to the Urban Development Department."
59. Under the circumstances, it is seen that the entire process of reservation of seats and the rotation system to be followed for the post of President and Vice President for the City Municipal Councils, Town Municipal Council and Town Panchayat was made by the State Government through the National Informatics Centre to avoid any human intervention in following the required rotation system which was agreed to by the petitioners before the Hon'ble Supreme Court.
Accordingly certain steps as mentioned hereinabove were formulated by the Hon'ble Apex Court to see that the rotation system and reservation of seats are strictly followed without causing any breach, violation or human interference
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AND CONNECTED MATTERS leading to flooding of litigations before the Courts. It is no doubt true that the office of the post of President and Vice President of City Municipal Council, Town Municipal Council and Town Panchayat, are reserved for the Scheduled Caste, Schedule Caste Women, Schedule Tribe, Schedule Tribe Women, Backward Class Category-A, Backward Class Category-A women, Backward Class Category-B Women, in the previous term to be not repeated in the same category for the subsequent term till the completion of the rotation system as held by the Hon'ble Apex Court.
60. It is relevant to extract the provisions of section 42 of the Karnataka Municipalities Act, which reads as under:
"42. President and vice-president.--(1) For every municipal council, there shall be a president and a vice-president.
(2) Subject to the provisions of sub-section (2A) the Councillors shall at the first meeting of the Municipal Council after the general election and at a subsequent meeting held immediately before the expiry of term of office of the President and Vice-president chose two members from amongst the elected councillors to be respectively president and Vice-President and so often as there is a casual vacancy in the office of the President, or Vice-President shall choose another member from amongst the elected
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AND CONNECTED MATTERS councillors to be the President or Vice-president, as the case may be.
(2A) There shall be reserved by the Government in the prescribed manner,--
(a) such number of offices of President and Vice-President in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State;
(b) such number of offices of President and Vice-president in the State which shall as nearly as may be one-third of the total number of offices of President and Vice-president in the State for the persons belonging to the Backward Classes;
Provided that out of the offices reserved under this clause eighty percent of the total number of such offices shall be reserved for the persons falling under category "A" and the remaining twenty percent of the offices shall be reserved for the persons falling under category "B":
Provided further that if no person falling under category "A" is available, offices reserved for that category shall also be filled by the persons falling under category "B" and vice versa.
Provided also that the number of offices of President and Vice-President reserved for the backward classes under this clause shall be so determined that the total number of offices of
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AND CONNECTED MATTERS President and Vice-President reserved for the scheduled castes and the scheduled tribes and the backward classes under this clause shall not exceed fifty percent of the total number of offices of President and Vice-President of the Municipal Councils in the State.
(c) not more than fifty percent of the total number of offices of the President and Vice-
President in the State from each of the categories, reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and those which are non- reserved, for women:
Provided that the offices reserved under this sub-section shall be allotted by rotation in the prescribed manner to different municipal councils.
Explanation.--For the removal of doubts it is hereby declared that the principal of rotation for the purpose of reservation of offices under this sub-section shall commence from the first ordinary election to be held after the first day of June 1994 (3) The election of the president or the vice-
president and the filling up of vacancies in the said offices and the determination of disputes relating to such election shall be 1 [*****] in accordance with such rules as may be prescribed:
Provided that the authority to determine such election disputes shall be such judicial officer as may be prescribed.
(4) x x x (5) During a vacancy in the office of the president of a municipal council and when there
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AND CONNECTED MATTERS is no vice-president to take his place or if a vice- president fails to assume charge of the office of president which has fallen vacant as required by sub-section (2) of section 44, then without prejudice to any action under sub-section (10) the Deputy Commissioner or the person performing the duties of the Deputy Commissioner for the time being in the case of [city municipal councils and in the case of town municipal councils] any officer nominated by him in this behalf not below the rank of an Assistant Commissioner in the case of [municipal councils] at district headquarters or the Tahsildar or the person performing the duties of the Tahsildar for the time being [or any other person not disqualified for being a Councillor] in the case of other [municipal councils] shall, notwithstanding anything contained in this Act or in the rules or orders issued thereunder, perform the functions of the president.
(6) Every president who, for a period exceeding two months and every vice-president who for a period exceeding one month, absents himself from the [municipal area] in such manner as to be unable to perform his duties as such president or vice-president, shall cease to be president or vice-president, unless leave so to absent himself has been granted by the municipal council. The question whether a vacancy has arisen under this sub-section shall be decided by the Deputy Commissioner.
(7) Leave under sub-section (6) shall not be granted for a period exceeding six months. Whenever leave is granted to a president and the office of the vice-president is vacant, the vacancy in the office of the president shall be filled up by election by the municipal council from among the [elected councillors] within such period and in such manner as may be
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AND CONNECTED MATTERS prescribed. [****] When leave is granted to a vice-president or when the vice-president is acting for the president, the vacancy in the office of the vice-president may be filled up by election of some other [elected councillor] thereto.
(8) If a vice-president of a municipal council is elected [*****] as president of the municipal council, he shall be deemed to have vacated his office as vice-president.
(9) Every president and every vice-president of a municipal council shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a [majority of the total number of councillors having voting right and by a majority of not less than two-thirds of the councillors having voting right present and voting] at a special general meeting convened for the purpose:
Provided that no such resolution shall be moved unless notice of the resolution is signed by not less than one-third of the [total number of councillors having voting right] and at least ten days' notice has been given of the intention to move the resolution:
Provided further that where a resolution expressing want of confidence in any president or vice-president has been considered and negatived by a municipal council, a similar resolution in respect of the same president or vice-president shall not be given notice of or moved within one year from the date of the decision of the municipal council.
(10) Every president and vice-president shall, [****] , be removable from his office as such president or vice-president by the Government for misconduct in the discharge of
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AND CONNECTED MATTERS his duties or for neglect of or incapacity to perform his duties or if he is unable to pay [dues he owes to the Municipal Council or has suffered an order for commitment to civil prison for non- payment of any decretal debt] , and a president and vice-president so removed who does not cease to be a councillor under sub-section (2) of section 41, shall not be eligible for re-election as president or vice-president during the remainder of his term of office of councillor specified in section 18.
Provided that no such order shall be made except after the president or the Vice-President has been given an opportunity for submitting explanations.] (11) Save as otherwise provided under this Act, the President and Vice President shall hold office for a period of thirty months from the date of their election, provided that in the meantime they do not cease to be councillors.
(12) In the event of the non-acceptance of office, death, resignation or removal from office of a president or vice-president or of his election being void, or of his becoming incapable of acting in such office or having ceased to be a councillor, previous to the expiry of his term of office as president or vice-president, the vacancy shall be filled up [by election] , in accordance with the provisions of the foregoing sub-sections [****] (13) The President and the Vice-President may receive out of the Municipal Fund such monthly allowances, not exceeding rupees two hundred, as the Government may, from time to time, fix and different rates may be fixed for different municipal councils.
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AND CONNECTED MATTERS (14) The Municipal Council shall place at the disposal of the President annually such sum not exceeding one thousand rupees as may be determined by it; by way of sumptuary allowance."
61. It is also relevant to extract the provisions of section 352 of the Karnataka Municipalities Act relating to Town Panchayat, which reads as under:
"Sections 352, 14-Alterations in the voters list:-Whether the Returning Officer was at all competent to make alterations in the voters list?. Provided that if more than one Returning Officer is nominated or designated, the Deputy Commissioner shall specify the ward or wards for which each such officer is nominated or designated. Provided further that the list of voters for such ward of the municipal council shall not include any amendment, transposition, inclusion or deletion of entry made after the last date for making nomination for the election to such ward and before completion of such election. It spells out that no amendment, transposition, inclusion, or deletion of entry made after the last date for making nomination for the election in the voters list should be taken note of for the purpose of election of the Councillors. For this reason alone, the election of the present appellant could not have been sustained. Present appeal is dismissed. [Smt. Gowramma vs. M.P. Moulamma and Others, (2000) 1 Kant LJ 268]"
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AND CONNECTED MATTERS
62. It is also relevant to extract Rule 13 and 13A of the Karnataka Municipalities (President and Vice President) Election Rules, 1965, which reads as under:
"13. Reservation of Offices of President and Vice- President.-
(1) Reservation of offices of President and Vice- President of the City Municipal Council, Town Municipal Councils and Town Panchayats for different categories in accordance with sub-
section (2-A) of Section 42 read with Section 353 shall be as specified in the table below.
Table -1 Reservation of offices in City Municipal Councils Sl.No. Category President Vice-
President 1. SC 5 5 2. SC-Women 5 5 3. ST 2 2 4. ST-Women 2 2 5. Backward Class-A 6 6 6. Backward Class- 6 6 A(Women) 7. Backward Class-B 2 2 8. Backward Class-B 1 1 (Women)
9. General 15 15
10. General-Women 14 14 Total 58 58
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AND CONNECTED MATTERS Table -2 Reservation of offices in Town Municipal Councils Sl.No. Category President Vice-
President 1. SC 10 10 2. SC-Women 10 10 3. ST 4 4 4. ST-Women 4 4 5. Backward Class-A 12 12 6. Backward Class-A 12 12 (Women) 7. Backward Class-B 3 3 8. Backward Class-B 3 3 (Women) 9. General 29 29 10. General-Women 29 29 Total 116 116 Table -3 Reservation of offices in Town Panchayats Sl.No. Category President Vice-
President 1. SC 8 8 2. SC-Women 8 8 3. ST 3 3 4. ST-Women 3 3 5. Backward Class-A 10 10 6. Backward Class-A 9 9 (Women)
7. Backward Class-B 3 3
8. Backward Class-B 2 2 (Women) 9. General 23 23 10. General-Women 23 23 Total 92 92
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AND CONNECTED MATTERS (2) The Offices of President reserved for Scheduled Tribes shall be allotted by the Government to the Municipal Councils, or as the case may be, Town Panchayats having the highest percentage of population belonging to Scheduled Tribes with reference to the total population of the municipal area. The same procedure shall be followed by the Government for allotting to the Municipal Councils, or as the case may be, Town Panchayats the same number of offices of Vice-President for members belonging to the Scheduled Tribes but excluding the Municipal Councils, or as the case may be, Town Panchayats in which the office of President have been already allotted to them.
(3) The offices of President and Vice- President of Municipal Councils or as the case may be, Town Panchayats in the State shall be allotted by the Government for members belonging to the Scheduled Castes in the same manner as specified in sub-rule(1):
Provided that both the offices of President and Vice-President in any Municipal Council, or as the case may be, Town Panchayats shall not be allotted in favour of the category of Scheduled Castes and Scheduled Tribes only:
Provided further that if the reservation worked out to any category is less than 0.5% no offices of President and Vice-President be reserved to such category.
(4) The offices of President and Vice-
President of the Municipal Councils, or as the case may be, Town Panchayats, reserved for Backward Classes and those of unreserved category, shall be allotted by the Government taking into
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AND CONNECTED MATTERS consideration such factors as the Government may deem fit.
(5) The offices of President and Vice- President reserved for women in each category referred in sub-rule (1) shall be allotted by the Government to the Municipal Councils, or as the case may be, Town Panchayats taking into consideration such factors as the Government may deem fit:
Provided that both the offices of President and Vice- President of the Municipal Council, or as the case may be, Town Panchayats shall not be reserved for women.
(6) Omitted w.e.f., 22.11.2001."
"Rule 13-A. Rotation of offices.- (1) Subject to sub-rule (1) of Rule 13, the offices of President and Vice- President of the City Municipal Councils, Town Municipal Councils and Town Panchayats in the State shall be rotated to the different categories from term to term.
Explanation:- For the purpose of reservation of offices by rotation the cycle of rotation shall commence from first term after first ordinary election held after First day of June, 1994 and completed when all the categories are represented in all City Municipal Councils, Town Municipal Councils and Town Panchayats as the case may be. Thereafter, a fresh cycle of rotation shall commence.
(2) The office of the President and Vice-
President of City Municipal Councils, Town Municipal Councils and Town Panchayats reserved for Scheduled Caste, Scheduled Caste-Woman, Scheduled Tribe, Scheduled Tribe-Woman, Backward Class-Category A, Backward Class- Category A-Woman, Backward Class-Category B,
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AND CONNECTED MATTERS Backward Class-Category B-Woman, General- Woman in the previous terms shall as far as possible be not allotted to the same category in the succeeding term until the cycle of rotation is completed in respect of such category.
(3) Both the office of the President and Vice- President of the City Municipal Councils, Town Municipal Councils or Town Panchayats, as the case may be, shall not be allotted in favour of the same category of Scheduled Caste, Scheduled Tribe, Backward Class and Woman, and in case of an Office of the President is allotted to the category of the Scheduled Castes, the Office of the Vice- President shall not be allotted to the category of the Scheduled Tribes but shall be allotted to the next category in the cycle of rotation and vice versa.
(4) The offices reserved for persons belonging to Scheduled Castes and Scheduled Tribes shall be allotted by rotation to the City Municipal Councils, Town Municipal Councils or Town Panchayats, having the next higher percentage of population in which the offices have not been allotted to them in the previous terms.
(5) The Government shall prepare and maintain separate registers of offices of President and Vice- President of City Municipal Councils, Town Municipal Councils or Town Panchayats allotted to different categories in Form A. (6) The Government shall prepare and maintain separate registers of offices of President and Vice- President allotted by reservation for each category in different City Municipal Councils, Town Municipal Councils or Town Panchayats in Form B."
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AND CONNECTED MATTERS
63. Article 243ZG of the Constitution of India, reads as under:
"243ZG. Bar to interference by courts in electoral matters.-Notwithstanding anything in this Constitution,--
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243ZA shall not be called in question in any court;
(b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State."
64. On carefully going through Article 243ZG of the Constitution of India, it is apparently clear that there is a bar for interference by the Courts in election matters. In the present case on hand, the calendar of events have been issued election process has been completed in most of the City Municipal Councils, Town Municipal Councils and Town Panchayat, except the ones which are pending before this Court due to an interim order granted by this Court. This
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AND CONNECTED MATTERS Court will have to see whether these petitions are maintainable in view of the bar contained in article 243ZG of the Constitution of India on the several judgements of the Apex Court and whether there is any violation or deviation of the statutory provisions of the Karnataka Municipalities Act, 1964 and its Rules. It would also be relevant to see what would be the scope for interference by this Court under Article 226 of the Constitution of India.
65. In my humble opinion, after carefully analysing the detailed meticulous arguments put forth by all the learned counsels, there is a clear bar to maintain a petition related to elections under Article 243ZG of the Constitution of India and that too in the present case when already the calendar of events are published and election to 60% of the City Municipal Councils, Town Municipal Councils and Town Panchayats are already over. It is also apparently not in dispute that the reservation of seats and the rotation system is prepared by the National Informatics Centre (NIC) upon the direction given by the Hon'ble Supreme Court, which has been approved and accepted by the Hon'ble Apex Court and
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AND CONNECTED MATTERS the same is not objected to by the petitioners before the Apex Court. It is also relevant to note that any tinkering or interference by this Court at this stage would directly affect the remaining elected councillors for the post of President and Vice President, which has followed the reservation on the rotation system formulated at the instance of the National Informatics Centre (NIC).
66. It is also relevant to extract paragraph No.68 in the case of Fouziya Imtiaz Shaikh and another (supra).
"68. A conspectus of the aforesaid judgments in the context of municipal elections would yield the following results:
68.1. Under Article 243-ZG(b), no election to any municipality can be called in question except by an election petition presented to a Tribunal as is provided by or under any law made by the legislature of a State. This would mean that from the date of notification of the election till the date of the declaration of result a judicial hands-
off is mandated by the non obstante clause contained in Article 243-ZG debarring the writ court under Articles 226 and 227 from interfering once the election process has begun until it is over. The constitutional bar operates only during this period. It is therefore a matter of discretion exercisable by a writ court as to whether an interference is called for when the electoral process is "imminent" i.e the notification for elections is yet to be announced.
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AND CONNECTED MATTERS 68.2. If, however, the assistance of a writ court is required in subserving the progress of the election and facilitating its completion, the writ court may issue orders provided that the election process, once begun, cannot be postponed or protracted in any manner.
68.3. The non obstante clause contained in Article 243-ZG does not operate as a bar after the Election Tribunal decides an election dispute before it. Thus, the jurisdiction of the High Courts under Articles 226 and 227 and that of the Supreme Court under Article 136 of the Constitution of India is not affected as the non obstante clause in Article 243-ZG operates only during the process of election.
68.4. Under Article 243-ZA(1), the SEC is in overall charge of the superintendence, direction and control of the preparation of electoral rolls, and the conduct of all municipal elections. If there is a constitutional or statutory infraction by any authority including the State Government either before or during the election process, the SEC by virtue of its power under Article 243- ZA(1) can set right such infraction. For this purpose, it can direct the State Government or other authority to follow the Constitution or legislative enactment or direct such authority to correct an order which infracts the constitutional or statutory mandate. For this purpose, it can also approach a writ court to issue necessary directions in this behalf. It is entirely up to the SEC to set the election process in motion or, in cases where a constitutional or statutory provision is not followed or infracted, to postpone the election process until such illegal action is remedied. This the SEC will do taking into account the constitutional mandate of holding elections before the term of a municipality or Municipal Council is over. In
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AND CONNECTED MATTERS extraordinary cases, the SEC may conduct elections after such term is over, only for good reason.
68.5. Judicial review of a State Election Commission's order is available on grounds of review of administrative orders. Here again, the writ court must adopt a hands-off policy while the election process is on and interfere either before the process commences or after such process is completed unless interfering with such order subserves and facilitates the progress of the election.
68.6. Article 243-ZA(2) makes it clear that the law made by the legislature of a State, making provision with respect to matters relating to or in connection with elections to municipalities, is subject to the provisions of the Constitution, and in particular Article 243-T, which deals with reservation of seats.
68.7. The bar contained in Article 243-ZG(a) mandates that there be a judicial hands-off of the writ court or any court in questioning the validity of any law relating to delimitation of constituency or allotment of seats to such constituency made or purporting to be made under Article 243-ZA. This is by virtue of the non obstante clause contained in Article 243-ZG. The statutory provisions dealing with delimitation and allotment of seats cannot therefore be questioned in any court. However, orders made under such statutory provisions can be questioned in courts provided the statute concerned does not give such orders the status of a statutory provision.
68.8. Any challenge to orders relating to delimitation or allotment of seats including preparation of electoral rolls, not being part of
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AND CONNECTED MATTERS the election process as delineated above, can also be challenged in the manner provided by the statutory provisions dealing with delimitation of constituencies and allotment of seats to such constituencies.
68.9. The constitutional bar of Article 243- ZG(a) applies only to courts and not the State Election Commission, which is to supervise, direct and control preparation of electoral rolls and conduct elections to municipalities.
68.10. The result of this position is that it is the duty of the SEC to countermand illegal orders made by any authority including the State Government which delimit constituencies or allot seats to such constituencies, as is provided in Proposition 68.4 above. This may be done by the SEC either before or during the electoral process, bearing in mind its constitutional duty as delineated in the said proposition." Upon going through the above said judgment, it is seen that the above judgment may not be helpful to the petitioners herein.
67. In my humble opinion, when the matter is seized before the Honb'le Supreme Court for deciding the matter with regard to the reservation of seats and rotation system to be followed for the post of President and Vice President to the Municipal Councils and Town Panchayat and an interim
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AND CONNECTED MATTERS measure has been adopted to create a water right methodology for avoiding any kind of human intervention in future and accepted by the Hon'ble Supreme Court based on the affidavit and undertaking provided by the State Government, it would not be right for this Court to interfere in the process of election when already the calendar of events are published and 60% of the elections having been concluded for the remaining City Municipal Councils Town, Municipal Councils and Town Panchayats.
68. This Court does not find any violation or breach of the provisions of the statute with regard to following the rotation system on the reservation of seats as the same is done taking into consideration the entire State as a whole. The petitioners herein would certainly have the liberty to lay a challenge by way of filing an election petition in case of violation of any of the provisions of the Municipalities Act and the Rules, which would certainly be a ground for challenge in the election petition. Interference by this Court at this stage may not be appropriate and would be contrary to the several judgments of the Hon'ble Apex Court including the one relied
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AND CONNECTED MATTERS by the learned counsel for the petitioners in the case of Fouziya Imtiaz Shaikh and another stated supra.
69. The contention of the petitioners with regard to wrong filing of the affidavit, misrepresentation of facts by the State Government before the Hon'ble Supreme Court will have to be urged before the Hon'ble Supreme Court and it is open to the petitioners who are parties before the Hon'ble Apex Court to take suitable action if so advised and seek necessary remedy in the matters pending before the Hon'ble Apex Court.
70. In view of the above discussions, I do not find any good ground or reasons to interfere in the process of elections, which is already over for 60% of the City Municipal Councils, Town Municipal Councils and Town Panchayats. Accordingly, I pass the following:
ORDER The writ petitions are dismissed.
Sd/-
(PRADEEP SINGH YERUR) JUDGE MRK CT-MCK