Karnataka High Court
Sri Ravi D vs The State Of Karnataka on 11 July, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:23955
WP No. 13819 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.13819 OF 2023 (LB-ELE)
BETWEEN:
1. SRI RAVI D
S/O B M DASIAH
AGED ABOUT 38 YEARS,
ELECTED GRAMA PANCHAYAT
MEMBER OF THELLANURU
R/AT ANAGANAVADI BEEDI,
BALAGUNASE, THELLANUR
KOLLEGALA TALUK
CHAMARAJA NAGAR DISTRICT 571440
2. SRI. KALINGA
S/O JOGENDRA
AGED ABOUT 42 YEARS,
Digitally signed ELECTED GRAMA PANCHAYAT
by JUANITA
THEJESWINI MEMBER OF THELLANURU
Location: HIGH
COURT OF R/AT THELLANURU
KARNATAKA
BALAGUNASE, THELLANUR
KOLLEGALA TALUK
CHAMARAJA NAGAR DISTRICT 571440
...PETITIONERS
(BY SRI. VIJAYA RAGHAVA SARATHY H M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY,
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NC: 2023:KHC:23955
WP No. 13819 of 2023
DEPARTMENT OF PANCHAYATH RAJ
MULTISTORIED BUILDING,
BENGALURU 560 001
2. THE STATE ELECTION COMMISSION
REP BY ITS SECRETARY,
K.S.CM.F BUILDING
NO. 8 1st FLOOR, CUNNIGHAM ROAD,
BENGALURU-560052
3. THE DEPUTY COMMISSIONER
CHAMARAJA NAGAR DISTRICT
CHAMARAJA NAGAR 571313
4. ASSITANT COMMISSIONER
KOLLEGALA SUB DIVISION,
KOLLEGALA
CHAMARAJANAGAR DISTRICT 571 440
5. THE TAHASILDAR
KOLLEGALA TALUK,
KOLLEGALA
CHAMARAJA NAGAR DISTRICT 571 440
6. THELLANURU GRAMA PANCHAYAT
REP BY ITS SECRETARY
KOLLEGALA TALUK,
KOLLEGALA
CHAMARAJA NAGAR DISTRICT 571 440
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG FOR
SRI. SANTHOSH KUMAR M.B., HCGP FOR R1, R3 TO R5
SRI. VIKRAM H BHAT., ADVOCATE FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R2)
V/O DT. 04.07.2023, NOTICE TO R6 IS D/W
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NC: 2023:KHC:23955
WP No. 13819 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED RESERVATION LIST PUBLISHED BY THE R-3
DEPUTY COMMISSIONER FOR SL.NO.16 OF THELLANURU
GRAMA PANCHAYAT AT ANNEXURE, BEARING NO. ELN(3) CR
/33/2023-24 DTD 26/06/2023 (ANNEXURE-A) IN SO FAR AS
RESERVATION MADE TO THE OFFICE OF ADHYAKSHA OF
THELLANURU GRAMA PANCHAYATH IS CONCERNED AS THE
ORDER ULTRA VIRSE THE SEC 44 OF THE KARNATAKA
PANCHAYATH RAJ ACT, 1993 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioners are members of Thellanur Grama Panchayath of Kollegal Taluk, Chamarajanagar District. Their grievance is that in Thellanuru Gram Panchayat, which has got 5 posts of Scheduled Caste members, 3 are reserved for the female category and reservation for the post of Scheduled Caste has never been given to the post of Adhyaksha of the Gram Panchayat. It was pointed out that commencing from the year 1993, having regard to -4- NC: 2023:KHC:23955 WP No. 13819 of 2023 the population of the Scheduled Caste persons in the constituency, twice reservation for Scheduled Caste (Women) was given, in the year 2005 (I term) and 2010 (II term). This time again, the post of President is reserved for Scheduled Caste (Women). On the other hand, it is pointed from Singanallur constituency which has got 8 posts for Scheduled Caste, that 4 posts are reserved for Women, and commencing from 1993 the post of Adhyaksha was reserved for Scheduled Caste category in the year 2000, 2005 (II term), 2015 and this time again reservation is provided for Scheduled Caste category and never was the post reserved for Scheduled Caste (Women).
2. Statement of objections have been filed at the hands of the respondent - Deputy Commissioner, who is the Election authority to provide rotation and reservations in terms of the guidelines issued by the State Government and the State Election Commission. The learned Additional Advocate General submits that the process of -5- NC: 2023:KHC:23955 WP No. 13819 of 2023 rotation in reservation is now done through the computerized process known as GPPVP application and no human intervention is possible. Having regard to the said system, it is submitted that in terms of the guidelines which is in the form of a Government Order dated 25.05.2023, the first step towards the identification of the reservation and providing rotation to the reservation is to identify such of the constituencies which are eligible to have reservation of Scheduled Caste categories. Following the said procedure, the Deputy Commissioner found that Sattegala, Dhanagere, Kongarahalli, Singanalluru, Thellanuru, Mulluru and Kunapalli Gram Panchayat are eligible for reservation for Scheduled Caste in the Adhyaksha posts. Again going by the guidelines, 4 out of the 7 gram panchayaths were required to be selected for reservation to Women. It is submitted that since Thellanuru, Mulluru and Kunagalli were not reserved for Women in the previous term i.e. 2020 (I term), the reservations were provided as Scheduled Caste (Women) to these 3 gram panchayats. For the remaining one post -6- NC: 2023:KHC:23955 WP No. 13819 of 2023 of Women amongst the Scheduled Caste category, since Sattegala and Dhanagere grama panchayat have equal representation of women members in the scheduled caste category, the system of lottery was applied and the selection was made.
3. Learned Additional Advocate General submits that the provisions for rotation in reservation now being computerized and no human intervention is permissible, the petitioners cannot be permitted to make allegations that the guidelines governing the policy of rotation in reservation was not followed by the Deputy Commissioner. The learned Additional Advocate General seeks to place reliance on certain decisions of this Court to contend that provisions for reservations amongst categories for the Women cannot be construed as a separate category. They are required to be construed as gender reservation.
4. Having heard the learned counsel for the petitioner, the learned Additional Advocate General and on perusing the petition papers this Court is of the considered -7- NC: 2023:KHC:23955 WP No. 13819 of 2023 opinion that even if the respondent contend that a computerized application is now working out the rotation in the reservation, nevertheless going by the steps that are required to be followed in terms of the guidelines, the first step is to identify all those constituencies where reservation for scheduled caste are to be provided by way of rotation. To that extent, the information provided in the statement of objections shows that Thellanuru constituency for which the petitioners are seeking reservation was also identified as constituency eligible for Scheduled Caste category. However, the fault that is obvious is the system is that the Deputy Commissioner has not taken into consideration the fact that in the earlier two terms, commencing from 1993 twice reservation was provided to post of Adhyaksha of Thellanuru Gram Panchayat for Scheduled Caste (Women). Similarly, Singanalluru Grama Panchayat was also provided reservation of Scheduled Caste for the post of Adhyaksha, thrice, as was pointed out by the learned counsel for the petitioner. Therefore the simple solution was to have -8- NC: 2023:KHC:23955 WP No. 13819 of 2023 given the reservation of Scheduled Caste (Women) for Singanalluru and Scheduled Caste for Thellanuru. If the system has not taken this aspect into consideration, then something needs to be done about the system and the method of feeding information into the system.
5. The statement of the learned Additional Advocate General that the Taluk has to be taken as unit for rotation in reservation is acceptable. However, the issue is here is not the consideration of a particular grama panchayat. If the rule of rotation in reservation is properly followed, if the computer application was properly tuned to the guidelines, then it should have taken into consideration the fact that wherever reservation of Scheduled Caste (Women) was given earlier, the same was required to be allotted with Scheduled Caste category without further reservation of Women. There are two more aspects which are glaring having regard to the same two constituencies which were pointed out by the learned counsel for the petitioner namely Singanalluru and -9- NC: 2023:KHC:23955 WP No. 13819 of 2023 Thellanuru. This Court finds that in the present notification reservation is provided for the Singanalluru constituency to the post of Adhyaksha (Scheduled Caste) and Upaddyaksha (Scheduled Tribe). Going by the guidelines it clearly provides that as far as possible such reservation for the posts of Adhyaksha and Upa -adhyakha reservation should not be provided to Scheduled Caste and Scheduled Tribe at the same time. This too appears to be a glaring mistake which would be in contravention of the guidelines.
6. This Court is also not oblivious to the fact that any changes that are brought to the reservation will have a cascading effect, however, as noticed herein above, the simple solution for the case on hand is to change the reservation in the two grama panchayats namely Thellanuru and Singanalluru which would meet the requirements of the law and the guidelines. Since Singanalluru has already had reservation of Scheduled Caste thrice for the post of Adhyaksha and never had
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NC: 2023:KHC:23955 WP No. 13819 of 2023 Scheduled Caste (Women) reservation, this time if the reservation for the post of Adhyaksha is made for Schdeuled Caste (Women), there can be no grievance voice by the members of Singanalluru grama panchayat. Similarly the reservation for the post of Adhyaksha in Thellanuru Grama Panchayat may be changed to Scheduled Caste instead of Scheduled Caste (Women). These swapping will meet the requirement of law and the guidelines.
7. For the reasons stated above, this Court proceeds to pass the following:
ORDER
(i) The writ petition is allowed.
(ii) The impugned notification dated 15.06.2023 at Annexure-A is directed to be modified while swapping the reservation to the post of Adhyaksha between the Thellanuru Grama Panchayat and Singanalluru Grama Panchayat.
Singanalluru may be given the Scheduled
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NC: 2023:KHC:23955 WP No. 13819 of 2023 Caste (Women) reservation and reservation for the post of Adhyaksha of Thellanuru Gram Panchayat, it shall be Scheduled Caste.
(iii) The Deputy Commissioner and the competent authority may re-notify the reservation accordingly and go ahead with the elections.
Ordered accordingly.
Sd/-
JUDGE KLY