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18. Section 42(2) and 42(2-A) of the Act read with Section 42(11) and (12) of the Act in the light of the constitutional scheme as provided in Part IX-A of the Constitution makes it clear that there shall be reservation of seats for Scheduled Castes, Scheduled Tribes, Backward Classes and Women. Such reservation shall be provided by rotation. The term of the office of the Municipal Council is 5 years and the term of the President and Vice-President is 30 months from the date of election. As per the constitutional mandate there is an obligation on the State to provide reservation of seats for Scheduled Castes, Scheduled Tribes, Backward Classes and Women by rotation. The State has made Act and the rules providing reservation by rotation. Immediately after the general elections, the candidates elected in reserved seats and general seats hold office for a period of 30 months. After the expiry of the term, the reservation of constituency is changed to other category. Where a casual vacancy occurs due to the happening of the events as provided under Section 42(12) of the Act and a President or Vice-President is elected in such vacancy, he will be elected for general or reserved seat as provided for that term. If he continues for a further 30 months period from the date of such election in the seat reserved for general or reserved category as required by the provisions of the Act and rules made thereunder it will not be possible to provide reservation by rotation, thus the policy of reservation by rotation will be defeated, whereas if the elected President or Vice-President in casual vacancy holds office only for the remainder period, then the policy of reservation by rotation will not be defeated and it will consistent with the scheme of the Act and the constitutional mandate.

Keeping in view the principles laid down by the Apex Court we hold that the person elected as a President or Vice-President in casual vacancy will hold office for a remainder period only and not for 30 months.

23. We will now examine the rules which govern the reservation by rotation.

The policy of reservation by rotation was incorporated in the Municipalities Act and to implement the provisions of the Act, Karnataka Municipalities (President and Vice-President) Election (Amendment) Rules, 1995 are made amending the earlier rules by virtue of the power under Section 320 of the Act. Rule 13 of the Rules delineated the reservation of constituencies for different categories, such as, Scheduled Castes, Scheduled Tribes, Backward Classes, Women and General. As the Act empowered the State to provide reservation, the State is providing the reservation by rotation amending the rules from time to time so that reservation for the post of President and Vice-President by rotation is provided to the people of each region of the State. This rule is to effectively implement the reservation by rotation. Rule 13(6) empowered the State Government to change the reservation of a constituency after the expiry of the term to keep in line with the policy of reservation by rotation. Thus, the Act and rules formed part of the composite scheme for providing reservation by rotation. Therefore, while interpreting the provisions of the Act, the rules have to be taken into consideration as per the principle of interpretation of contemporanea expositio as held by the Supreme Court in the case of P. Kasilingam and Others v P.S.G. College of Technology and Others, which reads:

Therefore, keeping in view the principle laid down by the above judgments of the Apex Court, the rules and provisions of the Act providing reservation by rotation is an integrated scheme of the Act, so all the relevant provisions along with the concerned rule has to be read together to find out the intention of the legislature as per the principle of interpretation of contemporanea expositio. By applying the principle of interpretation of contemporanea expositio, it is in favour of holding that the reservation by rotation is essentiality of the Statute. Therefore, to keep the reservation by rotation is necessary, otherwise the reservation of the constituencies of all the regions in the term of 5 years of the Municipal Council is not possible. So to hold that the elected President and Vice-President in the casual vacancy holding office for the remainder period of regular vacancy is proper and justified.

Section 42(11) of the Act reads:

"Save as otherwise provided under this Act, the President and Vice-President shall hold office for a period of thirty months from the date of their election, provided that in the meantime they do not cease to be Councillors".

The holding of office by the President and Vice-President elected for a period of 30 months is subject to other provisions of the Act. Therefore, the sub-section has to be read with Section 42(2) and 42(2-A) along with Article 243T of the Constitution and Rule 13 of the Rules. The said provisions provide the reservation by rotation. So, if a person elected as President or Vice-President is to hold office for a period of 30 months from the date of election, the reservation by rotation will be defeated and there will be no possibility to provide reservation by rotation, as the term of the Municipal Council itself is 60 months. For example, if a person is elected as a President or Vice-President after 25th month and he has to continue for further more 30 months, then out of 60 months, that is 5 years, he will continue for 55 months. The same category of person continues in office for 55 months, which will be in contravention of the constitutional scheme and the Act.