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Call on Thursday as requested.
9-12-2004:
Respondent-State Government has not placed materials before this Court indicating the manner of rotation of reservation in respect of the categories of Backward Classes and Scheduled Castes as provided under Section 42(2-A) of the Karnataka Municipalities Act (in short, 'the Act').
2. Sri Narayana, learned High Court Government Pleader, has filed a memo on behalf of the 1st respondent purporting to place on record the particulars regarding rotation of reservation in respect of elections to ten Municipalities held in December 2003 and also rotation of reservations for the elections to the posts of President and Vice-President to various categories. The material now placed on record obviously is only indicative of the manner in which reservation had been provided during the last four terms of elections to the posts of President and Vice-President in the Municipalities.
Call on 13-1-2005.
Copy of this order shall be furnished to Government Advocate.
13-1-2005:
Learned Advocate General, appearing for the State submits that the State is in the process of streamlining the rotation of reservation for the purpose of holding elections to the posts of Presidents and Vice-Presidents in various City Municipal Councils in the State. While the reservation provided for in the earlier three rounds of elections are also being taken note of for the purpose of streamlining the rotation of reservation henceforth and to ensure that a pattern which emerges can ensure and automatically ensure that future rotations are to be in place, copies of statement showing the previous reservations made in favour of the different categories in the last three rounds of elections are also placed before the Court.
Sri Narayana, learned Government Pleader, appearing for the respondents submits that the learned Advocate General is unable to attend this matter today, in view of his other engagements and requests that the matter may be called next week.
While there is no difficulty for fixing the date of hearing to the convenience of the learned Advocate General, what is noticed is that the State has not so far placed even the blueprint indicating the manner of providing for such reservation and rotation of the reservation in different City Municipal Councils, notwithstanding time having been given to place the same before the Court for past about six months. It is rather surprising may shocking to see the inaction on the part of the respondent-State on this aspect of the matter, which is of important and necessity for holding elections in accordance with the statutory provisions. Unless the respondents come up with their blueprint plan by next week, this Court will have to draw an inference that the respondents are incapable of doing so.
Bring up all these matters for further orders on 15-2-2005, at the request of learned Advocate General.
15-2-2005:
A memo has been filed on behalf of the respondents on 14 2-2005 inter alia purporting to contain the pattern of reservation and the manner of rotation of reservation in favour of different categories for the purpose of holding elections to the post of 'President' and 'Vice-President' in the various City Municipal Councils in the State.
2. Learned Advocate General appearing for the respondents submits that the memo filed on 14-2-2005 with the contents as referred to above has been filed by mistake even before it was fully scrutinized; that the memo had been filed even before it was brought to the notice of the Advocate General and it had been filed when the learned Advocate General was out of town and on scrutiny of the same, it was found by the learned Advocate General that the matter was incomplete; that it called for certain corrections and in such circumstances seeks the permission of the Court to withdraw the memo with its contents with the assurance that a proper memo will be filed with the corrected pattern of rotation being indicated; that a copy of the same will be served on the learned Council for the petitioners also before placing the same before the Court.