NAGARAJA v. ELECTION COMMISSIONER, STATE OF KARNATAKA, BANALORE
2010-03-31
A.S.BOPANNA
body2010
DigiLaw.ai
ORDER The petitioner is calling in question the Government Order dated 18-1-2010 which is impugned at Annexure-B to the petition. 2. The grievance put forth by the petitioner is that though there is large number of Scheduled Caste population in Allur Village, the seat has not been reserved for Scheduled Caste in anyone of the earlier election or during the present election. It is pointed out that in the present election, the seats reserved for Scheduled Caste have been assigned to Banawadi, Mylanahalli, Palanahalli and Veerapura Villages, but no seat has been assigned to Allur Village. In this regard, it is pointed out that even in the earlier election for the year 2005, similar reservation has been made in respect of scheduled caste, except indicating one of the seats for scheduled caste woman by minor rotation. It is therefore contended that the notification is not sustainable. 3. Learned Government Advocate would contend that keeping in view the fact that there is 'nil' population of the Scheduled Tribe in almost all the villages except one, Scheduled Tribe seat has been reserved in Udukunte in the last election and the same has been continued. In view of the said fact, reservation made presently in respect of the Scheduled Caste candidates is sustainable. 4. Having heard the learned Counsel for the parties, I have perused the notification issued in the earlier election on 25-1-2005. A perusal of the same would indicate that insofar as Scheduled Caste is concerned, the same was reserved to Banawadi, Mylanahalli, Palanahalli and Veerapura Villages. The Scheduled Tribe seat was allocated to Udukunte Village. Though the learned Government Advocate contends that since the Scheduled Tribe population is almost nil in the other constituency, presently the Scheduled Tribe seat which was allocated to Udukunte in the earlier election has been assigned to Allur Village. In my view, the same is not sustainable. I am of the said view for the reason that if the Scheduled Tribe seat was to be shifted to anyone of the other constituency, it should have been to the other constituency where the Scheduled Caste seat had been assigned earlier. Even otherwise, as per the guidelines issued by the State Election Commission, the seats assigned to Scheduled Caste category at the first instance, keeping in view the total population, would have to be shifted in the subsequent election.
Even otherwise, as per the guidelines issued by the State Election Commission, the seats assigned to Scheduled Caste category at the first instance, keeping in view the total population, would have to be shifted in the subsequent election. Since these aspects of the matter have not been kept in view, the impugned notification is not sustainable insofar as the reservation made to the Allur Village and since the said reservation has been questioned in this petition, the respondent 2 shall allocate Allur Village to Scheduled Caste for the ensuing election. 5. However, while redoing the reallocation of seat to Allur Village by providing reservation to Scheduled Caste, if any other change is required to the said notification, the same shall also be carried out by the respondent 1 by issuing corrigendum. 6. The appropriate notification shall thereafter be issued expeditiously. 7. The process in this regard shall be completed by the respondent 2 as expeditiously as possible, but not less than ten days from the date on which the certified copy of this order is furnished to the respondent 2. 8. An authenticated copy of this order shall be furnished to the learned Government Advocate to take appropriate action in the matter. 9. In terms of the above, the petition stands disposed of. No order as to costs.