Petitioners have assailed notification dated 23/08/2013 issued by respondent No.1(Annexure “C”) insofar as Town Panchayat, Kudligi, is concerned, which is at Sl.No.36 in the said notification.

2. According to the petitioners, they are elected members of the 3rd respondent Town Panchayat. Elections were held on 02/03/2013 and the results were declared on 8/03/2013. The Council comprises of 20 members out of which 13 are men and 7 are women. That pursuant to the Article 243R of the Constitution, second respondent has issued notification dated 05/02/2013 which is at Annexure “A” stating elections could be held to the local bodies. Thereafter, notification dated 23/08/2013 was issued allotting the offices of the President and Vice President to various bodies for the Seventh term pursuant to the election held to the local bodies by rotation. According to the petitioners as per the impugned notification, insofar as reservation to the post of President to the respondent Town Panchayat is concerned, it is reserved for woman. The grievance of the petitioners is two fold. It is firstly stated that continuously for last two years, it is only a woman who has been elected as President of the Town Panchayat in view of the reservation made and secondly, insofar as the respondent Town Panchayat, is concerned, both posts of President as well as Vice President are reserved for woman in the present term. As far as the post of President is concerned, it is reserved for backward caste woman and insofar as post of Vice President is concerned, it is reserved for General woman and that both the posts are simultaneously reserved for women. Under these circumstances petitioners contend that there is unequal representation and that the male members of the Town Municipal Council are unable to contest for the post of President and Vice President in the present term is concerned. Therefore, they have assailed Annexure “C” notification reserving the post of President for BCA woman and the post of Vice President for General woman as far as respondent Town Panchayat is concerned.

3. These writ petitions were listed on several dates and I have heard the learned counsel for the petitioners and learned Additional Government Advocate for respondents 1 and 2.

4. During the course of submission, it was brought to my notice by learned Addl. Government Advocate, that a provision similar to Sub-Rule (5) of Rule 13 of the Karnataka Municipalities (President and Vice President) Election Rule 1965 (hereinafter referred to as the ‘Rules’ for short) has been struck down by this Court by order dated 14/02/2011 passed in Writ Petition No.5873/2001 and connected matters in the case of Taluk Panchayat and Zilla Panchayat and that in this case the impugned notification would have to be upheld. That Rule, which prohibits simultaneous reservation of both posts for woman wherein reservation to the posts of Adyaksha and Upadakshaya made under the provisions of the Karnataka Panchayat Raj (Reservation of Offices of Adyaksha and Upadakshya, Zilla Panchayat) Rules, 2005 under the Karnataka Panchayat Raj Act, 1993 has been struck down. Therefore, there is no prohibition for two women to contest election for the post of President and Vice President of a Municipal body. It was also submitted that despite there being a prohibition in the proviso to that effect, in the instant case, reservation has been made keeping in mind equality of representation for all categories of persons and in view of striking down of the proviso under the aforesaid Rules made under the Karnataka Panchayat Raj Act 1993, by order dated 14/02/2011, a similar order could be passed in these writ petitions by upholding impugned notification.

5. Before delineating on the relevant provisions, it is noted that the State has taken a decision to reserve posts of Adhyaksha and Upadhakshya or President and Vice President of the local bodies. There are rules made in respect of each type of local body. Reservation is also