Back
IN THE HIGH COURT OF KARNATAKA (DHARWAD BENCH)
B. Manohar, J.
Manjunath Yamanappa Elemmi - Appellant
Vs.
The State of Karnataka and Ors. - Respondents
Writ Petition No. 102319/2016 (LB-RES)
Decided On : 16-03-2016
Reservation - President of City Municipal Council - Karnataka Municipalities Act, 1964, Section 42 (2-A) (a) - Amendment Rules 2015 - Guidelines dated 05.02.2016
Fact of the Case:
The petitioner sought to quash a notification regarding the reservation of the President of City Municipal Council, Bagalkote, in favor of BCA-Women category. The State Government had provided reservation for the office of President and Vice-President to Backward Class, Scheduled Caste, and Scheduled Tribe as per Section 42 (2-A) (a) of the Karnataka Municipalities Act, 1964, and subsequent amendments and guidelines.
Finding of the Court:
The court found that the modification in the notification was in violation of the Karnataka Municipalities (President and Vice-President) (Election) (Amendment) Rules, 2015 and the guidelines dated 05.02.2016. It held that the reservation of the office of the President had to be made in accordance with the rotation cycle specified in the guidelines, and the amended notification could not be sustained.
Issues: Violation of reservation rules and guidelines, repetition of reservation categories, and eligibility of BCA (Women) to contest for the reserved post.
Ratio Decidendi: The court relied on the interpretation of the Karnataka Municipalities Act, 1964, and the guidelines dated 05.02.2016 to determine that the modification in the notification was contrary to law and that reservation categories should not be repeated until the completion of one cycle of rotation for that category.
Final Decision: The writ petition was allowed, and the Notification dated 04.03.2016 insofar as Bagalkot City Municipal Council is concerned was quashed. The court directed that the election to the office of President had to be held as per the Notification dated 24.02.2016.
B. Manohar, J.
1. The petitioner in this writ petition has sought for quashing the Notification dated 04.03.2016 issued by the 1st respondent insofar as reservation made to the post of President of City Municipal Council, Bagalkote, in favour of BCA-Women category is concerned.
2. In the writ petition, the petitioner has contended that he was elected as a member of the Bagalkote City Municipal Counsel to the 10th ward which was reserved for the BCA category during the election held in the year 2013. He was an aspirant to the post of President of the City Municipal Council, Bagalkote. The State Government following Section 42 (2-A) (a) of the Karnataka Municipalities Act, 1964, provided reservation for the office of President and Vice-President to Backward Class, Scheduled Caste and Scheduled Tribe. Section 42 (2-A) (a) contemplates that such number of offices of President and Vice-President in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State. Further, such number of offices of President and Vice-President in the State which shall as nearly as may be one-third of the total number of offices of President and Vice-President in the State for the persons belonging to the Backward Classes. Among the backward classes, 80% of total number of such offices shall be reserved for BCA category and remaining 20% of the offices shall be reserved for the persons belonging to the BCB category. Further, 50% of the seats shall be reserved for the Women category in all categories. Further, reservation of the offices shall not exceed 50% of the total number of offices of the President and Vice-President of the Municipal Councils in the State. The State Government amended the Karnataka Municipalities (President and Vice-President) (Election) Rules, 1965 (Amendment) Rules 2007 and (Amendment) Rules, 2013. As per the amended Rule 13 of the Karnataka Municipalities (President and Vice-President) (Election) (Amendment) Rules, 2015, the seats are reserved for the various categories as per Schedule I which reads as under:
Table – 1
Reservation of offices in City Municipal Councils
Sl. No.
Category
President
Vice-President
1
SC
5
5
2
SC-Women
5
5
3
ST
2
2
4
St-Women
2
2
5
Backward Class – A
6
6
6
Backward Class – A (Women)
5
5
7
Backward Class – B
2
2
8
Backward Class – B (Women)
1
1
9
General
15
15
10
General-Women
14
14
Total
57
57
3. For enforcement of the above reservation, the State Government has issued the guidelines dated 05.02.2016. As per the guidelines, the reservation of the offices of President and Vice-President of the City Municipal Councils as specified by the Government as per Amendment to sub-section (2A) of Section 42, the offices of Presidents and Vice-Presidents of the City Municipal Councils in the State shall be rotated to different categories viz., Scheduled Caste, Scheduled Caste (Women), Scheduled Tribe, Scheduled Tribe (Women), Backward Class-A, Backward Class-A(Women), Backward Class-B, Backward Class-B(Women), General, General(Women). As per the guideline, the cycle of rotation shall commence from the first term, after first ordinary election held after 01.06.1994 and the said rotation would complete when all categories are represented. Thereafter, a fresh cycle of rotation shall be operated. The office of the President and Vice-President of City Municipal Councils reserved in the previous seven categories, shall as far as possible not to be allotted to the same category until the cycle of rotation is completed
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
