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2004 DIGILAW 476 (KAR)

M. M. J. HARSHAVARDHAN v. STATE OF KARNATAKA

2004-07-26

D.V.SHYLENDRA KUMAR

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D. V. SHYLENDRA KUMAR, J. ( 1 ) THESE three petitioners claim that they are members of Kottur Town Panchayat. First petitioner represents the first elected under the general category. Second petitioner was elected against the post reserved for Scheduled Tribes (Women) candidate and the 3rd petitioner having been elected against the post reserved in favour of other Backward Classes. ( 2 ) PETITIONERS claim that they are aggrieved by the notification dated 12th July, 2004 issued by the Karnataka Government (Annexure-C) insofar as it relates to Kottur Town Panchayat which figures at Sl. No. 40 in the list of Panchayats in respect of which reservation against the posts of president and Vice-President were indicated in this notification. ( 3 ) INSOFAR as the Kottur Town Panchayat is concerned there is no reservation either for the post of President or Vice-President in the sense that both are falling under the general category open for contest by any candidate. ( 4 ) IT is the validity of this notification that is challenged in these writ petitions particularly having regard to the fact that these posts had been notified for reservation earlier during the elections held in 1996, the second period of 1996 and the first period of 2002 as under:. . (VERNACULAR MATTER OMMITED ). . ( 5 ) SRI Girji, learned Counsel for the petitioners submits that by the present notification opportunity has not been accorded to categories of ST and Backward Classes both for the posts of President and Vice-President and such notification is not in order. Submission of learned counsel for the petitioners is that insofar as the post of President is concerned the category of scheduled Tribe had not been given opportunity during the last three elections to the post of president and as such that should have been reserved for a candidate belonging to Scheduled tribe. ( 6 ) THE complaint in respect of the post of Vice-President is that this post had been reserved as against a person belonging to Scheduled Tribe (Women) during the first period of 1996. It was not reserved and was available to the general category during the second period and it was again given to the general category during the first half of 2002 but earmarked for women. It was not reserved and was available to the general category during the second period and it was again given to the general category during the first half of 2002 but earmarked for women. ( 7 ) LEARNED Counsel submits that the earmarking of the post of Vice-President successively for the general category is in violation of the provisions of Section 42 (2-A) of the Karnataka municipalities Act, 1964. ( 8 ) ON a perusal of the pattern of distribution of the post of President and Vice-President for the last 3 periods it is obvious that the post of President was available to the general category once, later to Backward Classes and then to Scheduled Caste. The cycle as contemplated under the provisions of Section 42 (2-A) has been completed and if at the beginning of a new cycle is it not reserved and is made available to a candidate from the general category no exception can be taken for the same. Accordingly there is no lacuna in the post being made available to a candidate from general category for the present period in terms of the notification dated 12th july, 2004. ( 9 ) WRIT petition challenging this part of notification relating to the post of the President does not survive for consideration. In fact none of the petitioners can have any grievance on this count. ( 10 ) INSOFAR as the post of Vice-President is concerned it was reserved for Scheduled Caste (Women) for the first part of 1996 and it was available to a general candidate for the second part of 1996. However yet again it was made available to general category in the first part of 2002. Notwithstanding the post of Vice-President was available to general category during the first part in 2002 which in itself was to the deprivation of a candidate representing the Backward Class, it is again made available to the general category under the impugned notification. ( 11 ) THOUGH the cycle for 3 periods is now complete and if it is taken to be a now cycle any category can come in at the first place of the new cycle, in the earlier cycle the category of backward Classes having been totally excluded, it is only fair that this category is given the first opportunity even assuming that it is a new cycle. ( 12 ) IN the circumstances while writ petitions presented by petitioners 1 and 2 are dismissed and they are required to pay separate Court fee on these petitions in respect of the writ petition of smt. Indira Issue Emergent notice. ( 13 ) LEARNED Government Pleader is directed to take notice on behalf of Rule 1. ( 14 ) SRI Phanindra, Standing Counsel for Rule 2 is directed to take notice on behalf of Rule 2. ( 15 ) AT the request of Sri Narayan, learned Government Pleader Call on 28-7-2004 for further orders. ( 16 ) REGISTRY to collect Court fee from petitioners 1 and 2. Learned Counsel for the petitioners to ensure that proper Court fee is paid within two weeks from today.