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2016 Supreme(Kar) 261

VINEET KOTHARI
Anil Lobo – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr S. Rajashekar, Adv.
For the Respondent: Mr V. Sreenidhi, Mr K N Phaneendra

ORDER :

1. Both these petitions are disposed of by a common order.

2. The petitioner Mr Anil Lobo who contested the elections for the post of Councilor of the Moodabidri Municipal Council, Mangalore Taluk has assailed the validity of the notification dated 16.10.1995 particularly, the Note appended to the said notification which gives classification of Category A and Category B of Backward Classes for the purpose of reservation of seats and offices of Chair Persons in the City Corporations and Municipal Councils.

The petitioner being a Christian, belongs to Category B but since he is an income tax assessee, he, as per the said Note 2, could not claim any reservation on the basis of his caste in the said elections. The relevant Note under Category B of the said notification dated 16.10.1995 is quoted below for ready reference.

No person falling under Category B shall be entitled to the benefit of reservation in the seats and offices of Mayor of City of City Corporations President – Municipal Councils/City Municipal Councils/Town Panchayats

(i) He/She or either of his/her: parents/guardian/his or her spouses is a Class I or Class II Officer in the service of the Government or holds an equ

















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