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2010 Supreme(Kar) 1056

JAGDISH SINGH KHEHAR, A.S.BOPANNA
Karnataka State Election Commission, Bangalore – Appellant
Versus
G. Sangappa – Respondent


Advocates appeared:
In Writ Appeal Nos. 4506 of 2010 Sri K.N. Phanindra, for Appellant;
Sri D. Nagaraj, for Caveator-Respondent-1; Sri Basavaraj Karaddy, Prl. Government Advocate, for Respondents-2 and 3.
In Writ Appeal Nos. 4507-08 of 2010 Sri. K.N. Phanindra, for Appellant;
Sri S.S. Koti and Sri Vinayaka S. Koti, for Respondents-1 and 2 and Sri Basavaraj S. Karaddy, Prl. Government Advocate for Respondent-3.

JUDGMENT

J.S. Khehar, CJ: Respondent No.1 approached this Court by filing W.P. No.36337 of 2010, wherein, he assailed a notification issued by the State Election Commission dated 08.11.2010 ("Annexure-A", to the instant writ appeal). Through the aforesaid notification, the State Election Commission had earmarked constituencies category-wise for purposes of reservation. The reservation made were not only for Scheduled Castes, Scheduled Tribes and Backward Classes, but also for Women. The remaining constituencies were to be filled up without any reservation. The claim of respondent No.1 before this Court was, that the reservation contemplated under the Karnataka Panchayat Raj Act, 1993 (hereinafter referred to as the 'Panchayat Raj Act'), read with the provisions of the Karnataka Panchayat Raj (Reservation of Seats in Taluk Panchayats and Zilla Panchayats by Rotation) Rules, 1998 (hereinafter referred to as the Reservation by Rotation Rules, 1998), have to be in consonance with the mandate of reservation contained in Article 243D of the Constitution of India. The pointed submission at the hands of respondent No.1, during the course of writ proceedings was, that the "rotation" in the m








































































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