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2018 Supreme(Kar) 840

S.SUNIL DUTT YADAV
Ravindra Nayak – Appellant
Versus
Karnataka State Election Commission – Respondent


Advocates Appeared:
For the Petitioner:Sri. Abishek Marla M.J., Advocate
For the Respondent:Sri K.N.Phaneendra, Senior Counsel a/w Smt. Vaishali Hegde, Advocate, Sri Vishwajith Shetty, Advocate, Sri Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA, Sri S.Rajashekar, Advocate

ORDER :

In Writ Petition Nos.44499/2018, 50796/2018 & 53609-53611/2018, 54664/2018, 43519/2018 and 44520/2018, the petitioners challenge the notification dated 10.08.2018 issued by the respondent–State stipulating the reservation for various Wards of the Mangaluru City Corporation in light of upcoming elections in March 2019.

2. The petitioners being aspirant candidates who intend to contest elections in various Wards contend that the notification dated 10.08.2018 is illegal and not in compliance with stipulations of the legislative enactment, the constitutional mandate as well as guidelines specifying reservation policy and matrix, issued on 02.02.2015 as per Government Order numbered G.O. No. 240 of 2013 (“Guidelines”).

3. It is contended that Article 243T of the Constitution of India mandates reservation of seats for Scheduled Castes and Scheduled Tribes in every Municipality (as defined under Article 243Q of the Constitution of India) and that these seats should be allotted by rotation to different constituencies in a Municipality. The Guidelines, it is submitted, have been pa





















































































































































































































































































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