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2016 DIGILAW 298 (KAR)

Vilas v. State of Karnataka

2016-03-23

B.MANOHAR

body2016
ORDER : B. Manohar, J. The petitioner in this writ petition has sought for quashing the Notification dated 4-3-2016 reserving the office of President of Nippani City Municipal Council to SC (Woman) category. Further, the petitioner has also sought direction to respondent Nos. 1 and 2 to conduct election to the office of the President of Nippani, CMC, as per notification dated 24-2-2016. 2. Petitioner is the elected councillor of Nippani C.M.C. from Ward No. 26 which was reserved for the SC category. He was the aspirant for the office of the President of C.M.C. Nippani. The State Government following Section 42(2-A)(a) of the Karnataka Municipalities Act, 1964, provided reservation for the officer of President and Vice-President to Backward Class, Scheduled Caste and Scheduled Tribe. Section 42 (2-A)(a) contemplates that such number of offices of President and Vice-President in the State for the persons Ire-longing to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State. Further, such number of offices of President and Vice-President in the State which shall as nearly as may be one-third of the total number of offices of President and Vice-President in the State for the persons belonging to the Backward Classes. Among the backward classes, 80% of total number of such offices shall be reserved for BCA category and remaining 20% of the offices shall be reserved for the persons belonging to the BCB category. Further, 50% of the seats shall be reserved for the Women category in all categories. Further, reservation of the offices shall not exceed 50% of the total number of offices of the President and Vice-President of the Municipal Councils in the State. The State Government amended the Karnataka Municipalities (President and Vice-President) (Election) Rules, 1965 (Amendment) Rules 2007 and (Amendment) Rules, 2013. As per the amended Rule 13 of the Karnataka Municipalities (President and Vice-President) (Election) (Amendment) Rules, 2015, the seats are reserved for the various categories as per Schedule-I which reads as under: Table -1 Reservation of Offices in City Municipal Councils SI. No. Category President Vice-President 1. SC 5 5 2. SC-Women 5 4 3. ST 2 2 4. As per the amended Rule 13 of the Karnataka Municipalities (President and Vice-President) (Election) (Amendment) Rules, 2015, the seats are reserved for the various categories as per Schedule-I which reads as under: Table -1 Reservation of Offices in City Municipal Councils SI. No. Category President Vice-President 1. SC 5 5 2. SC-Women 5 4 3. ST 2 2 4. ST-Women 2 2 5. Backward Class-A 6 6 6. Backward Class-A (Women) 5 5 7. Backward Class-B 2 2 8. Backward Class-B (Women) 1 1 9. General 15 15 10. General-Women 14 14 Total 57 57 3. For enforcement for the above reservation, the State Government has issued the guidelines dated 5-2-2016. As per the guidelines, the reservation of the offices of President and Vice-President of the City Municipal Councils as specified by the Government as per Amendment to sub-section (2-A) of Section 42, the offices of Presidents and Vice-President of the City Municipal Councils in the State shall be rotated to different categories viz., Scheduled Caste, Scheduled Caste (Women), Scheduled Tribe, Scheduled Tribe (Women), Backward Class-A, Backward Class-A (Women), Backward Class-B, Backward Class-B (Women), General, General (Women). As per the guideline, the cycle of rotation shall commence from the first term, after first ordinary election held after 1-6-1994 and the said rotation complete when all categories are represented. Thereafter, a fresh cycle of rotation shall be operated. The officer of the President and Vice-President of City Municipal Councils reserved in the previous seven categories, shall as far as possible not to be allotted to the same category until the cycle of rotation is completed in respect of the such category. 4. As per the Rules framed by the State Government and the guidelines issued, the State Government issued Notification for allotment of the office of the President and Vice-President to the various categories for the 8th term in respect of City Municipal Council in the State in terms of Rule 13 of the Karnataka Municipalities (President and Vice-President) (Election) (Amendment) Rules, 2015. 5. Insofar as Nippani City Municipal Council is concerned, the office of the President was reserved for SC category as per the Notification dated 24-2-2016. However, without any reason the State Government by modified the said Notification. As per partial modification of the Notification dated 4-3-2016 the office of the President was reserved for SC (Woman) category. Being aggrieved by the partial modification dated 24-2-2016. However, without any reason the State Government by modified the said Notification. As per partial modification of the Notification dated 4-3-2016 the office of the President was reserved for SC (Woman) category. Being aggrieved by the partial modification dated 24-2-2016. the petitioner has filed this writ petition. 6. The case of the petitioner is that the modification made is in violation of the Karnataka Municipalities (President and Vice-President) (Election) (Amendment) Rules, 2015 and Notification dated 5-2-2016 and for an extraneous consideration. 7. Sri. Ravi V. Hosamani, learned Additional Government Advocate appearing for respondents 1 to 3 argued in support of the amended notification dated 4-3-2016 and contended that there is some error in fixing the reservation for the officer of the President is concerned in the Notification dated 24-2-2016. Subsequently, that mistake has been rectified in the Notification dated 4-3-2016. Hence he submits that no irregularity has been committed and that the reservation of the office of the President has been made in accordance with the Karnataka Municipalities Act and Rules made thereunder and also the guidelines issued by the State Government. He has made available the chart Annexure-R1 wherein reservation of the President and Vice-President of the City Municipal Councils are made. 8. So far as the Nippani City Municipal Council is concerned, in the first term it was reserved for the Scheduled Caste Woman, second term was reserved for General, third term was reserved for BCA, fourth term was reserved for BCA (Woman), fifth term was reserved for General Women, sixth term was reserved for BCA Women, seventh term was reserved for BCB (Woman category) and for the eighth term the seat was reserved for SC category as per the Notification dated 24-2-2016. However, as per subsequent notification dated 4-3-2016 without assigning reasons the notification dated 24-2-2016 partially modified the office of the President of Nippani City Municipal Council was reserved for the SC (Woman) category once again, though it was reserved on earlier occasion. For the last eight elections the office of the President is not reserved for SC category. As per the population, Nippani stands at SI. No. 9. While reserving the office of the President the State Govt, ought to have reserved for SC category. As per the notification dated 24-2-2016 the State Govt, rightly reserved the office of the President for SC category. As per the population, Nippani stands at SI. No. 9. While reserving the office of the President the State Govt, ought to have reserved for SC category. As per the notification dated 24-2-2016 the State Govt, rightly reserved the office of the President for SC category. However, subsequently it was modified to SC (Woman) category, which gives scope to repetition. As per the guidelines issued by the State Govt, though seats are reserved for SC category, the candidate belonging to SC (Woman) can also contest for the said office. By amending the notification dated 4-3-2016 once again the office of the President was reserved for SC (Woman) category for (he 8th term, which amounts to repetition. 9. This Court in the case of M. Abdul Azeez v. The State of Karnataka, by its Secretary, Urban Development Department and others (2014 (1) KLJ 353) has clearly held that only after completion of one cycle of rotation for that category, the fresh cycle of rotation for that category shall commence. Hence, the notification dated 4-3-2016 issued by the State Government cannot be sustained. Hence, the election is to be held as per the notification dated 24-2-2016. Accordingly, I pass the following order. ORDER Writ Petition is allowed. Notification dated 4-3-2016 issued by the State Government modifying the notification dated 24-2-2016 insofar as Nippani City Municipal Council is hereby quashed. Election to the office of the President of Nippani City Municipal Council shall be held as per the notification dated 24-2-2016. Learned Additional Government Advocate is directed to inform the same to the Returning Officer, Nippani. Petition allowed.