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2010 DIGILAW 413 (KAR)

C. R. RAMESH BABU v. STATE OF KARNATAKA

2010-03-30

A.S.BOPANNA

body2010
ORDER Learned Government Advocate to accept notice for respondents and file memo of appearance within four weeks. Learned Counsel for the third respondent is permitted four weeks time to file vakalath. Misc. No. 2602 of 2010 is allowed. The details indicated in the application are also read as part of the petition. 2. The petitioner is calling in question the notification dated 23-1-2010 which is impugned at Annexure-B to the petition insofar as the reservation made reserving one seat in favour of Scheduled Caste of Karakuru Grama Panchayat and one seat in favour of Backward Class A Group (BC-A) of Kadirenagaripalli Grama Panchayat. 3. The contention of the learned Counsel for the petitioner is that in the previous election to the said Grama Panchayats, one seat was reserved to SC in Karakuru Village and one seat for BC-A in Kadirenagaripalli Village while in the present elections also, the seat has been reserved for SC and BC-A which is not sustainable considering that the population of that community is negligible in the said villages. It is contended that the same should have been rotated so that the other categories would also have representation in the said place. It is also pointed out that insofar as Karakuru Village, the same has been reserved for Scheduled Caste even though in the earlier election also, there was reservation made for Scheduled Caste. 4. The learned Government Advocate and the learned Counsel for the Election Commission would point out that insofar as Karakuru Grama Panchayat in the earlier election of 2005, the post reserved was for SC women while in the present election, it is reserved for SC general. Similarly in Kadirenagaripalli Grama Panchayat, one seat has been reserved to Scheduled Tribe since in the earlier election one seat was reserved for Scheduled Caste. Therefore, taking into consideration, the total number of seats in the Grama Panchayat and the reservation as provided to the Scheduled Caste and Scheduled Tribe, the rotation has been made keeping in view the reservations made in the earlier elections. 5. In the light of what has been contended, a perusal of the notifications issued for the elections during the year 2005 and the present elections would indicate that insofar as Karakuru and Kadirenagaripalli Village, the respondents have provided seats depending on the rotation keeping in view the reservations made in the earlier elections. 5. In the light of what has been contended, a perusal of the notifications issued for the elections during the year 2005 and the present elections would indicate that insofar as Karakuru and Kadirenagaripalli Village, the respondents have provided seats depending on the rotation keeping in view the reservations made in the earlier elections. Since there is no glaring irregularity with regard to the manner in which the reservation has been made in the present notification and also considering the fact that the BC-A and the general category are also represented, I see no reason to interfere with the notification impugned in this petition. Accordingly, the petition being devoid of merit is disposed of. No order as to costs.