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Karnataka High Court · body

2016 DIGILAW 300 (KAR)

Rajashree v. State of Karnataka

2016-03-23

B.MANOHAR

body2016
ORDER : B. Manohar, J. The petitioners in these writ petitions have challenged the Notification dated 04.03.2016 insofar as reserving office of the President of Sadalaga Town Municipal Council to BCA category is concerned. Further, the petitioners have also sought for direction to respondent No. 1 to conduct election as per the notification dated 24.02.2016. 2. In the writ petitions, the petitioners have contended that they are the elected members of the Town Municipal Council, Sadalaga in the election held in the year 2013. As per notification dated 24.02.2016 the office of the President was reserved for BCA (Woman) category. However, by subsequent notification dated 04.03.2016 the State Govt, has modified the said notification and office was reserved for BCA category. Hence, these writ petitions are filed. 3. The State Government following Section 42 (2-A) (a) of the Karnataka Municipalities Act, 1964, provided reservation for the office 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 belonging 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 (Contd. on Column 2) 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. 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-2 Reservation of offices in Town Municipal Councils Sl. No. Category President Vice-President 1 SC 10 10 2 SC-Women 9 9 3 ST 4 4 4 ST-Women 4 4 5 Backward Class-A 12 12 6 Backward Class-A (Women) 11 11 7 Backward Class-B 3 3 8 Backward Class-B (Women) 3 3 9 General 29 29 10 General-Women 28 28 Total 113 113 4. For enforcement of the above reservation, the State Government has issued the guidelines dated 05.02.2016. As per the guidelines, the reservation of the offices of President and Vice-President of the Town Municipal Councils as specified by the Government as per Amendment to sub-section (2A) of Section 42, the offices of Presidents and Vice-Presidents of the Town 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 01.06.1994 and the said rotation would complete when all categories are represented. Thereafter, a fresh cycle of rotation shall be operated. The office of the President and Vice-President of Town 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. 5. 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 Town Municipal Council in the State in terms of Rule 13 of the Karnataka Municipalities (President and Vice-President) (Election) (Amendment) Rules, 2015. 6. 6. So far as Sadalaga Town Municipal Council is concerned, the first term was reserved for the SC (Woman) category, second term was reserved for the general woman category, third term was reserved for general category, 4th term was reserved for BCB category, 5th term was reserved for BCA category, 6th term was reserved for general category, 7th term was reserved for general woman category and now for the 8th term the office is reserved for BCA (Woman) category. However, subsequently, it was modified without assigning any reasons in the notification dated 04.03.2016, modified the earlier notification dated 24.02.2016. As per the guidelines issued by the State Government the rotation in respect of other categories shall ensure that there is no repetition of reservation of seats. With reference to reservation in the previous seven terms as far as possible except general and general woman category. Insofar as Sadalaga Town Municipal Council is concerned, the office of the President was already reserved for the BCA category in the 5th term. By amendment to notification dated 04.03.2016 once again the office of the President is reserved for BCA category, which is contrary to law. That, earlier in the 7th term no reservation was made for BCA woman category. Hence, amending the notification and reserving the seat to BCA amounts to repetition, which is not permissible in law. 7. The case of the petitioners are that the modification made is in violation of the Karnataka Municipalities (President and Vice-President) (Election) (Amendment), Rules, 2015 and Notification dated 05.02.2016 and for an extraneous consideration. 8. Sri. Ravi V. Hosamani, learned Additional Government Advocate appearing for respondents 1 to 3 argued in support of the amended notification dated 04.03.2016 and contended that there is some error in fixing the reservation for the office of the President is concerned in the Notification dated 24.02.2016. Subsequently, that mistake has been rectified in the Notification dated 04.03.2016. 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-R3 wherein reservation of the President and Vice-President of the Town Municipal Councils are made available. 9. He has made available the chart Annexure-R3 wherein reservation of the President and Vice-President of the Town Municipal Councils are made available. 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. 10. The guidelines issued by the State Govt, which are very clear that, unless all categories are represented in rotation, repetition cannot be made. The cycle of rotation shall commence from the first term, after the first ordinary election held after 01.06.1994 and would complete, when all the categories are represented. Thereafter fresh cycle of rotation shall be operated. In the instant case without completion of the full cycle of rotation the BCA was repeated once again. Hence, notification dated 04.03.2016 cannot be sustained. The election is to be held as per the notification dated 24.02.2016. 11. Accordingly, I pass the following order: ORDER 12. Writ Petitions are allowed. Notification dated 04.03.2016 issued by the State Government modifying the notification dated 24.02.2016 insofar Sadalaga Town Municipal Council is concerned, is hereby quashed. Election to the office of the President of Sadalaga Town Municipal Council shall be held as per the notification dated 24.02.2016. 13. Learned Additional Government Advocate is directed to inform the same to the Returning Officer Sadalaga.