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2010 DIGILAW 284 (KAR)

M. N. Virupakshaiah v. State of Karnataka

2010-03-03

RAM MOHAN REDDY

body2010
Judgment : Although Sri Virupakshaiah, learned Counsel for the petitioner contends that, from out of the total of 11 seats for membership to the Bevinahalli Gram Panchayat, 06 seats reserved for women represents excess of 60% of total number of seats, contrary to the mandate of the Constitution and the proviso to Section 5(3) of the Karnataka Panchayat Raj Act, 1993 (for short, ‘Act’), in my opinion, cannot be countenanced. 2. I say so because Article 243-D of the Constitution of India provides for reservation of seats. Clause (2) provides reservation for women of not less than 1/3rd of the total number of seats reserved for SC and ST women while clause (3) provides reservation for women of not less than 1/3rd of the total number of seats filed by direct election in every Panchayat. Clause (6) invests a jurisdiction in the State Legislature to make provision for reservation of seats in any Panchayat in favour of backward class of citizens. 3. Sub-section (3) of Section 5 of the Act provides for reservation of 1/3rd of the total number of seats of the Gram Panchayat for persons belonging to the backward classes, while the proviso states that from out of seats for backward classes, 80% of the total number of such seats would be reserved to persons falling under the category A and the remaining 20% for persons falling under category B. 4. Sub-section (4) provides for not less than 1/3rd of the seats reserved in each category, for persons belonging to SC, ST and Backward Classes and non-reserved seats in the Gram Panchayat for Women. 5. In the light of the Constitutional mandate and the statutory provisions, it is clear that, out of total of 11 seats in the Gram Panchayat, 1 seat reserved for SC is reserved for women while 1 out of the 2 seats for ST is reserved for women and 3 out of 4 seats reserved for Backward Classes fall under BCM(A) category, out of which 2 seats are reserved for women and the remaining 1 seat for BCM(B) category. Two out of 4 seats said to be for General are reserved for Women. Two out of 4 seats said to be for General are reserved for Women. The reservation of seats for women being strictly in accordance with the mandate of the Constitution as well as Section 5 of the Act, being in excess of 60% of the total number of seats in the Gram Panchayat cannot be found fault with. 6. Even according to the petitioner, the rotation of the reservation in the year 2005 for K. Bevinahalli-1 and 1 seat for ST; 01 BCM(A) women; and 1 General, while in the year 2010 it is 1 ST(W), 1 BCM(A) and 1 General (Women). So also the rotation to K. Bevinahalli-2, Salaganahalli Village and Kadalegundi village during the year 2005 are not the same for the year 2010 as set out in para 6 of memorandum of writ petition. 7. In the circumstances, there is no merit in the contentions of the petitioner and as a result, the writ petition is rejected.