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26. There is no reason to make any inference of mala fides and ulterior motives merely because in a particular case, it may even prima facie appear that the reservation by rotation was altered by the State and in the background it may appear that it would sub-serve the cause of a political gain for the ruling party. Even if it were to be so, assuming while denying, the only remedy available to the petitioners is to file appropriate Election Petition before the competent election Tribunal and not otherwise.

"xx xx xx xx xx xx xx xx xx 13. If the State is directed to redo the reservation of rotation at this stage, it will have a cascading effect as the election to 160 local bodies out of 176 local bodies have already been over. Therefore, keeping in view the law declared by this Court in N.P. Ponnuswami Vs. Returning Officer, Namakkal Constitutency, Namakkal, Salem District And Others - AIR 1952 SC 64, this Court cannot interfere with the notifications at this stage. Petitioners have to avail the alternative remedy available to them in law for challenging the election. It should also to Date of Judgment 06-01-2017 W.P.Nos.22740-762/2016 Smt. Latha & Ors. Vs. State of Karnataka & Ors. be noted here that having regard to the various factors, it may not be possible to make reservation with mathematical precision and accuracy. As long as there are legitimate considerations in the matter of rotating the reservation, some deviation allowing some flexibility in the joints is permissible. In this connection, it is beneficial to notice the observations of this Court in Smt. Rekha Parashuram Kattimani Vs. State Of Karnataka, Represented By Its Secretary, RDPR Department And Others

as     there          are      legitimate
considerations in the matter of
rotating     the    reservation,     some
deviation,          allowing         some

"flexibility in the joints", in my opinion, is permissible. I say so, also, keeping in mind the fact that census of backward classes, is unavailable and hence there is neither criteria, or foundation for rotating the reservations to the Chairpersons, for the said class. The suggested criteria such as alphabetical order of the names of the different District; reckoning the population figures by excluding the Scheduled Caste and Schedule Tribe; and drawing of lots, to provide reservation by way of rotation to Backward classes, I am afraid none pass the test of rationality of reasonableness to qualify acceptance".

Date of Judgment 06-01-2017 W.P.Nos.22740-762/2016 Smt. Latha & Ors. Vs. State of Karnataka & Ors.

14. As undertaken by the State, it has to set right the rotation of reservation atleast for the next term well in advance or in the alternative take steps to amend the Act and the Rules in accordance with law. Writ petitions are dismissed with liberty with liberty to challenge the elections by filing election petitions before the Competent Court. No costs."