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2021 DIGILAW 236 (KAR)

H N Harishchandra, S/o. H. N. Narayana Gowda v. State of Karnataka Repd. By The Secretary, Department Of Panchayat Raj

2021-02-09

S.G.PANDIT

body2021
ORDER : Since these two writ petitions arise out of common facts and common relief is sought, both the writ petitions are taken up together for final disposal, with the consent of the learned counsel for the parties and disposed of by this common order. 2. Heard Sri.Vijaya Sarathy, learned counsel for the petitioners and learned Additional Government Advocate Smt.Prathima Honnapura for respondents No.1, 3 to 5 in both the writ petitions. 3. Learned counsel for the petitioners Vijay Sarathy would submit that the petitioners in both the writ petitions are elected Gram Panchayat members from General constituency to Hariharapura Gram Panchayat and Murukanahally Gram Panchayat, respectively. The grievance of the petitioners is that office of Adhyaksha in respect of Hariharapura and Murukanahally Gram Panchayats is reserved in favour of BC(A) category whereas it is the contention of the petitioners that the office of President to both the Gram Panchayats could not have been reserved in favour of BC(A) or any other reservation and it should have been allotted to General. Learned counsel for the petitioners would contend that the guidelines issued by the State Election Commission in its order dated 01.01.2021 states that the reservation of seats shall be allotted based on the number of candidates elected to the concerned Panchayat in each category. From Hariharapura Gram Panchayat, 2 BC(A) and from Murukanahally Gram Panchayat, 4 BC(A) candidates are elected. Learned counsel for the petitioners would submit that K.R.Pet Taluk consists of 34 Gram Panchayats. The Gram Panchayats such as Somanahalli, Beeruvalli, Bukinakere, Alambadi Kavalu, Agrahara Bachahalli and Shelanere consists 5 to 6 elected members of BC(A) category. It is his submission that the reservation to BC(A) ought to have been allotted to any of the above said Gram Panchayats where number of BC(A) elected members are more. Further, drawing attention to AnnexureE page 55 relating to Hariharapura Gram Panchayat, learned counsel for the petitioners submits that earlier on two occasions, in the first term of 2000 as well as during second term of 2005, the office of Adhyaksha of Hariharapura Gram Panchayat was reserved in favour of BC(A) and in respect of Murukanahally Gram Panchayat, which is at page 46 he submits that twice the office of Adhyaksha was reserved for BC(A) category i.e. during first term of 2000 as well as second term of 2005. Thus, he submits that this is the 3rd time, office of Adhyaksha of both the Gram Panchayats are reserved in favour of BC(A) category. Thus, he prays for setting aside AnnexureA/reservation sheet to the office of Adhyaksha in respect of K.R.Pet Taluk particularly Hariharapura and Murukanahally Gram Panchayats. 4. Learned Additional Government Advocate produces the check list for Category BC(A) in respect of K.R.Pet Taluk as well as check list in respect of all 34 Gram Panchayats till the year 2015. The learned AGA points out that wherever there are more number of BC(A) elected Gram Panchayat members, the office of Adhyaksha of such Gram Panchayats were earmarked for BC(A) during the first term of 2015 and in the present term also if the reservation is allotted to BC(A) category to those Gram Panchayaths, it would amount to repetition and it would be violative of rotation. Therefore, even though only 2 elected members of BC(A) category were available in Hariharapura and Murukanahally Gram Panchayats, taking note of the fact that the allotment of reservation during previous term, the reservation on rotation is allotted to BC(A) category to Murukanahally and Hariharapura Gram Panchayats. Thus she prays for dismissal of the writ petitions. 5. Article 243D(4) of the Constitution of India provides for reservation to the offices of Adyaksha and Upadyaksha in the Panchayats for scheduled castes, scheduled tribes and women. Such offices reserved shall be allotted by rotation to different panchayats at each level. Clause 6 of Article 243D of the Constitution of India empowers the State legislature for making provision for reservation of seats in any Panchayat or offices of Adyaksha in the Panchayats at any level in favour of backward classes of citizens. Section 44(2) of the Act empowers the Deputy Commissioner subject to the general or special order of the State Election Commission reserve the offices of Adyakshas and Upa Adyakshas of Gram Panchayats in the State for the scheduled castes and scheduled tribes and backward classes. The women are provided with reservation of not less than 50% of the offices of Adyaksha and Upadyaksha of Gram Panchayat in each category. The reservation shall be allotted by rotation to different Gram Panchayats. The women are provided with reservation of not less than 50% of the offices of Adyaksha and Upadyaksha of Gram Panchayat in each category. The reservation shall be allotted by rotation to different Gram Panchayats. The State Election Commission in exercise of its power under Section 44(2) of the Act has issued an order dated 01.01.2021 laying down the guidelines to the Deputy Commissioners in the matter of reservation of office of Adhyaksha and Upadhyaksha of Panchayats in their respective Districts. 6. In both the writ petitions petitioners are elected Gram Panchayat members from General constituency. Under AnnexureA, the office of Adhyaksha of both Gram Panchayats is reserved in favour of BC(A) category. The chart indicates that in both the Gram Panchayats i.e., Hariharapura and Murukanahally Gram Panchayats, BC(A) was reserved for the office of Adhyaksha during the first term of 2000 and second term of 2005. The office of Adhyaksha in respect of Hariharapura since 1993 was reserved in favour of Scheduled Caste (female), BC(A), Scheduled Tribe (female), BC(B), BC(A), General (female), General, Scheduled Caste (W) and for the present term of 2020, BC(A) category. 7. In respect of Murukanahally Gram Panchayat, since 1993 the office of Adhyaksha was reserved in favour of General (female), BC(A), Scheduled Caste, Scheduled Tribe, BC(A), General (female), General, General (female) and for the present term 2020 it is reserved for BC(A). To appreciate the contention of the petitioners that reservation ought to have been allotted to Gram Panchayats where more number of BC(A) candidates have been elected, the chart produced by the learned AGA is to be looked into. It indicates that, out of 34 Gram Panchayats in K.R.Pet Taluk, 17 are reserved for General category, out of which 7 are reserved for Women. 9 offices of Adhyaksha are reserved for BC(A) category, out of which, 5 are reserved for Woman. Agraharabachahalli, Shelanere, Hirekalale, Somanahalli, Beeruvalli consists of 6 BC(A) elected Gram Panchayat members whereas Akkihebbal, Gangigere, Anegola, Mandagere, Kikkeri, Dabbegatta, Bukinakere, Alambadikavalu consists of 5 BC(A) elected members. When those Gram Panchayats were verified with the check list produced by the learned AGA, it is seen that during the term of 2015, Bukinakere, Somanhalli, Alambadikavalu, Beeruvalli were reserved for BC(A) category. If the contention of the petitioners is accepted and reservation to BC(A) is allotted to those Gram Panchayats, it would amount to repetition and there would be violation of rotation. If the contention of the petitioners is accepted and reservation to BC(A) is allotted to those Gram Panchayats, it would amount to repetition and there would be violation of rotation. Caluse 3 (ii) and (iii) of the order dated 01.01.2021 of the Election Commission requires that leaving out the Gram Panchayaths where the reservation was provided to particular category during the previous term, the other Gram Panchayaths where number of elected candidates are more to be arranged in descending order. In that process Adhyaksha of Hariharapura and Murukanahally Gram Panchyaths are reserved for BC(A). Therefore the submission of the learned AGA is to be accepted. Hariharapura and Murukanahally Gram Panchayaths were provided with BC(A) reservation in 2005 and after that for the present term it is reserved for BC(A) category. Thus I find that there is substantial compliance with the reservation as well as rotation. This Court would not venture a detailed enquiry to find out the rotation and reservation to the office of Adhyaksha of Gram Panchayath under Article 226 of the Constitution. Thus I find no merit in the writ petitions. Accordingly the petitions stand rejected.