D. M. Siddappa v. District Commissioner, Commissioners Office
2010-04-16
A.S.BOPANNA
body2010
DigiLaw.ai
ORDER A.S. Bopanna, J.— The petitioner is calling in question the notification dated 18-1-2010. The petitioner is a resident of Vanakemardikaval Village, which is a part of Dummi Gram Panchayat. 2. The grievance primarily is in respect of the Vanakemardikaval constituency. It is contended that in the elections in the year 2005, one seat is reserved for Scheduled Tribe (woman) and the other was for BCM(A). In the instant election also, the same seats have been reserved inasmuch as one is allotted to Scheduled Caste and the other one is to BCM(A). It is therefore contended that out of two seats available in the said constituency, it is being consecutively allotted to the reserved categories, which is contrary to the guidelines of the Election Commission. 3. The learned Government Advocate would however seek to justify the notification. It is contended that out of the total 22 seats in the Gram Panchayat, six have been reserved for Scheduled Caste, three for Scheduled Tribe, six for BCM(A), one for BCM(B) and six seats for general. Insofar as the allocation of seats, in the last election one seat was allocated to Scheduled Tribe and the same is allocated to Scheduled Caste in the present election since there is sizeable population of the said category in the said constituency and therefore the same has been allocated. With regard to the allocation of BCM(A) seat, it is contended that there are six seats reserved for that category and since there are eight constituencies, while allocating and rotating the same, there is bound to be repetition and therefore the petitioner cannot have any grievance. 4. In the light of what has been contended, insofar as the seats allocated to the Scheduled Tribe (Woman) in the last election, the said seat is allocated to Scheduled Caste in the present election in the said Vanakemardikaval constituency. I do not see any error inasmuch as there has been rotation between the two categories and in any event, since there are six Scheduled Caste seats, the said constituency should be allocated with one seat since during the last election it was not allocated. However, with regard to the repetition of the BCM(A) seat to the same constituency, it is seen that firstly though there are only two seats in the said constituency, both the seats have been allocated to reserved categories.
However, with regard to the repetition of the BCM(A) seat to the same constituency, it is seen that firstly though there are only two seats in the said constituency, both the seats have been allocated to reserved categories. Further, even though it is contended that there are six BCM(A) seats for rotation on account of which there would be repetition, the said contention of the respondents cannot be accepted for the reason that even for such category, six seats have been allocated and as such there should have been a proper rotation of the same. 5. In this regard, it is seen that one other constituency viz., Kalkarelambani Hatti, where only three seats are available, one general seat was allocated in the election for the year 2005. Even in the present election, the said constituency has been allotted two general seats even though according to them one is reserved for general woman. A perusal of the reservations made in respect of the said Kalkarelambani Hatti Constituency in the last election as well as this election would indicate that no seat belonging to the category of BCM(A) has been allocated even though six seats are available under the said category. Therefore, the repetition in Vanakemardikaval Constituency could have been avoided, if the general seat which has been repeated in Kalkarelambani Hatti, more particularly in the present election when two seats have been allocated to Vanakemardikaval, one would have to shift to Vanakemardikaval. Therefore, the notification to the extent of allocating the second seat to BCM(A) category to Vanakemardikaval cannot be sustained and to the said extent, the same stands quashed. By way of modification, a corrigendum would have to be issued allocating the general seat allocated to Kalkarelambani Hatti to Vanakemardikaval and the BCM(A) seat allocated to Vanakemardikaval will have to be now allocated to Kalkarelambani Hatti. The corrigendum to this effect shall be issued forthwith so as to enable the appropriate candidates to file their nominations in the ensuing elections. 6. In terms of the above, the petition stands disposed of with no order as to costs. 7. The authenticated copy of this order shall be made available to the learned Government Advocate for needful action.