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Provided that the offices reserved under this sub-section shall be allotted by rotation to different Grama Panchayats;
Explanation.- For the removal of doubts it is hereby declared that the principle of rotation for purposes of reservation of offices under this section shall commence from the first election to be held after the commencement of the Karnataka Panchayat Raj Act, 1993."

14. Therefore, keeping the said provisions in view, the Election Commission has issued the notification dated 05.09.2012 indicating the guidelines with regard to the reservation and rotations to be provided and effected in respect of the entire State. The number of the reserved posts to be rotated in the Grama Panchayats of each Taluk is also prescribed therein. Based on the said guidelines, the Deputy Commissioner would have to make the notification which has been presently made in respect of the different panchayaths in each Taluk and it is such notification which has been impugned herein. If this aspect of the matter is kept in view, at this stage, it is seen that the guidelines are provided by the Election Commission and by the subsequent notification by the Deputy Commissioner the allocations are made. Whether that would call for interference is the question ? No doubt, in the circumstance which arose in the cases cited by the learned counsel for the petitioners, this Court had interfered with the notifications which had been issued therein when it was found that the reservation made and rotated was not in order. At the same time, it is also to be noticed that in the case of Narayanamma, though this Court had laid down that there should be rotation with regard to the posts, this Court did not however choose to quash the notification instead it was held that in any event the petitioner therein could have contested from the general category. Therefore, it is clear that this Court would have to keep the overall circumstance in the background of the factual matrix and consider to what extent this Court should exercise its discretion.

I say that Section 138 of the Karnataka Panchayat Raj Act provides reservation for the offices of the Adhyaksha and Upadhyaksha of Taluk Panchayats.

I say that certain developments have taken place which have bearing on the reservation and rotation of seats to be notified by the State i.e., i) change in number of Districts; ii) Change in number of Taluks; iii) Declaration of population figures from time to time; iv) change in SC/ST ranking of taluks; v) amendment to Section 138 of the said Act, making reservation in favour of women from 33% to 50%; vi) the judgments rendered by the Hon'ble Supreme Court in Dr.Krishnamurthy's case reported in 2010, Section 202 and also the order dated 14.02.2011 passed by Hon'ble Court in W.P.No.5873/2011 and connected writ petitions; vii) effect of striking down of proviso to the Karnataka Panchayat Raj (Reservation to the Offices of the Adhyaksha and Upadhyaksha of the Taluk Panchayaths) Rules, 2005 and viii) amendment to 2005 Rules, making State as an unit for the purpose of rotating the reservation of seats to the offices of Adhyaksha and Upadhyaksha.

20. First and foremost, as noticed, in respect of the reservation of posts for Adhyaksha and Upadhyaksha in the Taluk Panchayats, this Court while considering the similar grievances was of the view that the same does not call for interference. Secondly, in the instant facts, it is seen that the elections to be held to the post of Adyaksha and Upadhyaksha of the Grama Panchayat is in respect of 5628 Grama Panchayats. The said Grama Panchayats are spread over 30 Districts of the State and the total number of Grama Panchayats in a Taluk are taken into consideration for the purpose of reserving and rotating the posts among the Grama Panchayats in the Taluk. For instance, in Bangalore North Taluk alone, there are 30 Grama Panchayats regarding which the number of posts to be reserved have been indicated in the guidelines of the Election Commission so as to provide the seats for Scheduled Castes-8, Scheduled Tribe-1, BCM 'A' -5, BCM 'B'-1 and the general seats-15. Further, the reservation for the women candidates among them is shown at 50%. The number of such Grama Panchayats varies from 7 being the least and 65 being the most number of Grama Panchayats in a Taluk. Therefore, in such circumstance, when large number of Grama Panchayats are to elect the Adhyaksha and Upadhyaksha and a clear guideline has been issued by the Election Commission and the notifications have thereafter been issued by the Deputy Commissioners in this regard, at this stage, even though the elections have not been notified to all the Grama Panchayats, the grievance put forth by the petitioners herein if examined and ultimately the concerned Deputy Commissioners were to be directed to issue fresh notification rectifying the errors if any, the same would have to be redone by looking into the reservations which have been made in respect of all the Grama Panchayats in the Taluk, as otherwise the displacement of the present reservation and rotation is likely to cause imbalance in the allocation of reservation and rotations which have already been made in respect of the other Grama Panchayats in the same Taluk. That in turn is likely to give rise to fresh grievance to the members of the other Grama Panchayath, which would remain a vicious circle.

23. One other contentions raised by the learned counsel on behalf of some of the petitioners seeking intervention of the Court is that there being no appeal against the manner of reservations being made by the notifications, the reservation and rotation made thereof by the Deputy Commissioners even if arbitrary would remain unchallenged. In this regard, first and foremost the same would be available for challenge in an election petition has been noticed. Even otherwise, during the earlier part of this order, this Court has noticed and extracted the affidavit undertaking which had been filed on behalf of the State Government in the case relating to the Election of Adhyaksha and Upadhyakha to the Taluk Panchayats. To allay the apprehensions of the petitioners in that regard in future, a direction is issued to the State Government to adopt the same procedure as undertaken to be done in respect of the elections relating to Taluk Panchayats while notifying the reservation/rotation in respect of the elections of Adhyaksha and Upadhyaksha posts in the Grama Panchayats as well. Hence, the said affidavit undertaking is treated as an undertaking in this regard also to which the State Government shall remain bound.