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2016 DIGILAW 700 (KAR)

Harish K. S. v. State of Karnataka

2016-09-19

VINEET KOTHARI

body2016
ORDER : Vineet Kothari, J. 1. The petitioners by these writ petitions have claimed the following reliefs: i. Issue a writ of certiorari to quash the Notification dated 24-2-2016 vide No. UDD 25 MLR 2016(3) passed by the 1st respondent as per Annexure-A; ii. Issue a writ of certiorari to quash the Notification dated 8-9-2016 vide No. ELN CR 01/2016-17 passed by 3rd respondent as per Annexthe-B; iii. Issue a writ of mandamus directing the respondents to conduct the election to the post of President and Vice-President to the Koppa Town Panchayat in accordance with Notification dated 5-2-2016 vide Annexure-C. 2. Learned Counsel for the petitioners drew the attention of the Court towards the regulation with regard to providing reservation for the post of Adhyaksha and Upadhyaksha as per the provisions of Rules 13 and 13-A of the Karnataka Municipalities (President and Vice-President) Election (Amendment) Rules, 2015 and guidelines issued vide Order No. UDD 19 MLR 2016, dated 5-2-2016. It is submitted that the present petitioner 1 belonging to General Category and petitioner 2 belonging to OBC-B category, have approached this Court for directing the respondent-State Government to provide reservation for OBC-B category in the said ensuing elections which are commencing from today onwards. It is further submitted that though petitioner 2, a Government nominated member of the said Town Panchayat belongs to OBC-B category, is not aspiring to contest the elections, since no such reservation has been provided for these posts and the same would be clear from the tabular chart given in paragraph 5 of the writ petition since 1996, yet the State Government should be directed to provide for such reservation in the ensuing elections. 3. Learned AGA appearing for respondents 1 to 3, however, supported the impugned notification and submitted that the reservations have been given as per the policy decision taken by the State Government. 4. Having heard learned Counsel on both sides, this Court is satisfied that no interference at the instance of the present petitioners, is called for. 3. Learned AGA appearing for respondents 1 to 3, however, supported the impugned notification and submitted that the reservations have been given as per the policy decision taken by the State Government. 4. Having heard learned Counsel on both sides, this Court is satisfied that no interference at the instance of the present petitioners, is called for. Upon a specific query from the Court, learned Counsel for the petitioners fairly submitted that none of these two petitioners are aspiring to contest the elections for the post of President and Vice-President for the Koppa Town Panchayat as per the notification, Annexure-A, dated 24-2-2016, whereby it is notified that the post of President is reserved for General (Women) (GW) category and the post of Vice-President is reserved for General (G) category. 5. The petitioners' contention that OBC-B category is reserved for the post of President and SC (Women) category is reserved for the post of Vice-President, need not be examined by this Court just for academic purposes. The petitioners are admittedly neither in the fray for these elections, nor they can be otherwise interested in the reservation for these posts in the elections. Hence, the petitioners cannot be said to be prejudiced by the notification dated 24-2-2016 issued by the respondent-State. 6. The writ petitions are not only premature and not maintainable but, moreover, in view of the constitutional bar enacted under Article 243-0 of the Constitution of India, no interference in the State Election process is called for. Writ petitions are therefore, dismissed. No costs.