Karnataka High Court
P.E. Sureshbabu vs The Additional Secretary on 15 June, 2022
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO.2625/2021 (LB-RES)
BETWEEN:
1. P.E. SURESHBABU
S/O SRI LATE P.R. EKANTHA RAO,
AGED ABOUT 47 YEARS,
GRAMA PANCHAYATH MEMBER AND AGRICULTURIST,
RAMAJOGIHALLY VILLAGE AND POST,
CHALLAKERE TALUK
CHITRADURGA DISTRICT - 577 522
2. P.B. UMESHBABU
S/O BHEEMAREDDY
AGED ABOUT 43 YEARS,
GRAMA PANCHAYATH MEMBER AND AGRICULTURIST,
RAMAJOGIHALLY VILLAGE AND POST,
CHALLAKERE TALUK
CHITRADURGA DISTRICT - 577 522.
...PETITIONERS
(BY SRI. SUMANTH L. BHARADWAJ, ADVOCATE)
AND:
1. THE ADDITIONAL SECRETARY
STATE ELECTION COMMISSION
BEHIND K.S.C.M.C. BUILDING
NO.8, 1ST FLOOR, KANNIGUM ROAD
BANGALORE - 52
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA - 577 501
2
3. THE TAHSILDAR
CHALLAKERE TALUK
CHALLAKERE - 577 522
4. THE PANCHAYATH DEVELOPMENT OFFICER
RAMAJOGIHALLY GRAM PANCHAYATH
CHALLAKERE TALUK,
RAMAJOGIHALLY - 577 522
5. THE STATE OF KARNATAKA
REPRESENTED BY SECRETARY,
DEPARTMENT OF PANCHAYATH RAJ
AND RURAL DEVELOPMENT,
M.S.BUILDING,
BANGALORE - 560 001.
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, ADDITIONAL GOVERNMENT
ADVOCATE FOR RESPONDENT NOS.1 TO 3 AND 5;
SRI. GIREESHA KODGI, ADVOCATE FOR RESPONDENT NO.6;
NOTICE SERVED ON RESPONDENT NO.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION RESERVING THE CATEGORY ISSUED BY THE 2ND
RESPONDENT IN NO.CHUNAVANE/C.R./83-2/2020-21 DATED
28.01.2021 VIDE ANNEXURE-C PRODUCED IN THE WRIT
PETITION SO FAR IT RELATES TO RESERVATION OF OFFICE OF
ADHYAKSHA AND UPADHYAKSHA TO THE 4TH RESPONDENT
RAMAJOGIHALLY GRAM PANCHAYATH, CHALLAKERE TALUK
CHITRADURGA DISTRICT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
The petitioners have sought for a writ in the nature of certiorari to quash the notification bearing No.CHUNAVANE/C.R./83-2/2020-21, dated 28.01.2021 in so far as it relates to reservation of the post of President and Vice-President of respondent No.4.
2. The petitioners claim to be the elected members of Ramajogihally Grama Panchayath. They contend that the office of President and Vice-President has to be reserved on a rotation basis amongst the Panchayaths in the Taluks. The petitioners claim that in so far as respondent No.4 is concerned, the said posts were reserved for Backward Community (A) and Backward Community (B) in the elections conducted in the year 2002-03 and again were reserved for Schedule Tribe and Backward Community (A) respectively in the elections held in the year 2005. It was again reserved for Women (General) and Schedule Caste in the year 2006 and thereafter, for Schedule Caste and Schedule Tribe in the 4 year 2010-11. In the year 2012-13, it was General and General (Women) and in the year 2015-16, it was reserved for Schedule Tribe (Women). The petitioners, therefore, contend that the reservation is not rotated according to the circulars issued by the State Government. They further contended that the respondent No.2 issued a circular dated 28.01.2021 reserving the post of President and Vice-President to Schedule Caste and Schedule Tribe (Women). The petitioners contend that as per the guidelines prescribed, while reserving the post of President and Vice-President, wherever more number of candidates are elected in a particular category, the office of President should be reserved for that category and the rotation should be as provided under Section 44 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The petitioners also contend that as per the circular dated 28.01.2021, both the posts should not be reserved for the same category. They contend that while reserving the posts, the seats reserved for women for the posts in the earlier term of the Panchayat should be excluded. The 5 petitioners, therefore, contend that the reservation of the posts to Schedule Caste and Schedule Tribe (Women) as per the circular dated 28.01.2021 is in absolute violation of the guidelines issued by the respondent No.1 on 01.01.2021. The petitioners contend that following the circular dated 28.01.2021, the respondent No.3 issued a calendar of events to hold elections to the post of President and Vice-President in Challakere Taluk fixing the date of election to Ramajogihally Panchayath on 09.02.2021.
3. The learned counsel for the petitioners is aggrieved by the calendar of events and contends that the reservation of the posts of President and Vice-President deserve to be re-considered according to Section 44 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
4. The learned Additional Government Advocate for respondent Nos.1 to 3 and 5 submitted that the petitioners have approached this Court after calendar of events was issued. She submitted that the elections to 6 Ramajogihally Grama Panchayath is already held on 09.02.2021 and therefore, the petitioners are not entitled to any reliefs. However, the learned Additional Government Advocate fairly submitted that the concerns raised by the petitioners would be considered in the elections for the next term.
5. I have considered the submissions made by the learned counsel for the parties.
6. It is seen that this Court in terms of the interim order dated 08.02.2021 had stayed the elections to the post of Vice-President of the respondent No.4. Now that the elections to the post of President of Ramajogihally Grama Panchayath is already held as per the statement of the learned Additional Government Advocate, no purpose would be served in keeping this writ petition pending.
7. Hence, this writ petition is disposed off, directing the respondent Nos.1 and 2 to consider the reservation of the posts of President and Vice-President of 7 Ramajogihally Grama Panchayath, Challakere Taluk, in accordance with the guidelines dated 01.01.2021 issued by the State Government, more particularly guideline Nos.3(iv) and (vii) and Section 44 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, as expeditiously as possible, at any rate, before the elections to the posts of President and Vice-President for the next term is finalized.
In view of the disposal of the writ petition, I.A.No.2/2022 for vacating stay does not survive for consideration and the same stands disposed off.
Sd/-
JUDGE PMR