Indian Kanoon - Search engine for Indian Law

- 39 -

AND CONNECTED MATTERS contrary to the undertaking and the affidavit filed before the Hon'ble Apex Court. It is the vehement contention of the learned counsel for the petitioners that not following the principle of rotation for reservation as per the fresh cycle of rotation deprives the petitioners of their eligible legal right of contesting for the post of President and Vice President to the local bodies, thereby the notification issued is arbitrary, illegal, violative of principles of natural justice, breach of the undertaking given before the Hon'ble Apex Court and the affidavit filed before the Hon'ble Apex Court.

44. It is further contended by the learned Additional Advocate General that the reservation rotation system of different categories for the office of President and Vice President of City Municipal Council, Town Municipal Council and Town Panchayat is prepared by the National Informatics Centre (NIC) as per the Act and Rules and also the steps agreed by the Hon'ble Supreme Court for the entire State of Karnataka. Under the circumstances the contention and allegations made by the learned counsel for the petitioners in

- 51 -

AND CONNECTED MATTERS this batch of petitions with regard to there being no proper reservation rotation system followed in accordance to the affidavit of undertaking put forth before the Hon'ble Supreme Court may not be correct as the respondent state has followed the Act and Rules and the reservation rotation system in accordance to the steps formulated by the Hon'ble Supreme Court and there is no violation or breach of the undertaking given before the Hon'ble Supreme Court. It is also not open to the particular Municipal Councillor to claim as a matter of right that a particular reservation should be provided to the respective Municipal Council. Under the circumstances these writ petitions are not maintainable on facts and in law. Hence, the same deserves to be dismissed.

AND CONNECTED MATTERS no violation of the constitutional provisions and also the undertaking given before the Hon'ble Supreme Court. Learned Additional Advocate General contends that the Division Bench of this Court in Writ Appeal No.551/2020 considered all these aspects and set aside the judgement of the learned single Judge, which is correct and the same requires to be followed in the present batch of petitions.

46. It is the vehement contention of the learned Additional Advocate General that elections to several other City Municipal Council, Town Municipal Council and Town Panchayat have been concluded. The process of reservation of seats and rotation system have been followed in all the Municipal Councils and Town Panchayats, any alteration that would be now made at the behest of petitioners would change the overall reservation of seats and the rotation system already formulated by the State. Therefore any tinkering of the reservation of seats for following the rotation system as contended by the petitioners would affect the remaining Municipal Councils and Town Panchayats. It is contended by the learned Additional Advocate General that