Prashanth B G, S/O Ganesh D M v. State Of Karnataka, Represented By The Principal Secretary Rural Development And Panchayat Raj Department
2020-11-04
R DEVDAS
body2020
DigiLaw.ai
ORDER : R. DEVDAS, J. The petitioner is a resident of Kusubur, Somwarpet Taluk, Kodagu District. His grievance is with respect to Beluru constituency of Beluru Gram Panchayat, where there are 15 seats for the entire Gram Panchayat and the Gram Panchayat is divided into five constituencies. The specific grievance is regarding Beluru constituency which has two seats. It is submitted that on the previous occasion i.e., 2015 elections, two seats were reserved for Backward Class-A, Woman and General. 2. It is submitted that there are three seats reserved for Scheduled Castes and in terms of the rotation policy in the second round itself, atleast one seat should have been reserved for Scheduled Castes in Beluru constituency. The other grievance of the petitioner is that there is only one seat reserved for Scheduled Tribe and the same is always reserved for (Woman). 3. Learned Senior Counsel Sri K.N.Phanindra, appearing for the third respondent-State Election Commission admits that there is a population of 49 Scheduled Caste persons in Beluru constituency and therefore the submission of the petitioner that in the second round invariably one seat should have been reserved for Scheduled Caste persons, is acceptable. It is submitted that since there are five constituencies and during 2015, if three seats of Scheduled Castes were distributed amongst the other three constituencies, then in the next round, invariably the other two who were left without reservation for Scheduled Castes would naturally get reservation of Scheduled Castes including a repetition in one of the previous constituency. 4. However, on the second aspect of the submission of the learned Counsel for the petitioner, it is submitted that in terms of Section 5(4) of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993, not less than fifty per cent of the seats reserved in each category, for persons belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and of the non-reserved seats in the Grama Panchayat shall be reserved for women. It is therefore submitted that if there is only one seat, in terms of Section 5(4) the same has to be reserved for woman. 5.
It is therefore submitted that if there is only one seat, in terms of Section 5(4) the same has to be reserved for woman. 5. In consideration of the submissions made by the learned Counsel for the petitioner, the learned Senior Counsel for the third respondent and having perused the petition papers, this Court finds that the grievance of the petitioner insofar as non-reservation of atleast one seat for Scheduled Caste category in Beluru constituency is contrary to the rules and guidelines issued by the Karnataka State Election Commission. 6. Consequently, the petition is allowed. The impugned notification dated 22.07.2020 insofar as it pertains to the Beluru Gram Panchayat is hereby quashed and set aside. The second respondent-Deputy Commissioner is hereby directed to redo the reservation and allotment of seats in terms of the Rules and the Circular dated 26.06.2020 issued by the State Election Commission and in the light of the observations made hereinabove. It is ordered accordingly. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of ten days from the date of receipt of a certified copy of this order. In view of the disposal of the main petition I.A.No.1/2020 does not survive for consideration and the same stands disposed of.