Point of Law: Rules of game cannot be altered after the commencement of the game and the said moral obligation is applicable to the respondent-State also.

ORDER :

“Any decision sought and rendered will not amount to ‘calling in question an election’ if it subserves the progress of the election and facilitates the completion of the election.”

The Hon'ble Supreme Court speaking Hon’ble Justice R.C. Lahoti, in the case of ELECTION COMMISSION OF INDIA v. ASHOK KUMAR AND OTHERS reported in (2000)8 SCC 216, has, at paragraphs 16 and 28 of the judgment, observed thus:

“16. This Court observed that the jurisdiction of courts is carved out of sovereign power of the State. People of free India are the sovereign and the exercise of judicial power is articulated in the provisions of the Constitution to be exercised by courts under the Constitution and the laws thereunder. It cannot be confined to the provisions of imperial statutes of a bygone age. Access to court which is an important right vested in every citizen implies the existence of the power of the Court to render justice according to law. Where Statute is silent and judicial intervention is required, Courts strive to redress grievances according to what is perceived to be principles of justice, equity and good conscience.

17 to 27. xxx xxx xxx

28. Election disputes are not just private civil disputes between two parties. Though there is an individual or a few individuals arrayed as parties before the Court but the stakes of the constituency as a whole are on trial. Whichever way the lis terminates it affects the fate of the constituency and the citizens generally. A conscientious approach with overriding consideration for welfare of the constituency and strengthening the democracy is called for. Neither turning a blind eye to the controversies which have arisen nor assuming a role of over-enthusiastic activist would do. The two extremes have to be avoided in dealing with election disputes.”

2. In these writ petitions, the petitioners have challenged the Notification No.PRA/AA/KA/CHUNAVANE/29/2021-2022 dated 27th January, 2022 reserving of posts for Office of Mayor and Deputy Mayor in Kalaburagi Municipal Corporation, to the Scheduled Caste and General categories respectively, and also challenged the inclusion of additional names in the voters list, dated 27th January, 2022. Since common issues are involved in all these writ petitions, the same are clubbed, heard together and are disposed of by this common order.

FACTS OF THE CASE:

3. It is the case of the petitioner in WP No.202488 of 2021 that, the petitioner is an elected Corporator from Ward No.53 of Kalaburagi. It is stated that the Office of Mayor and Deputy Mayor of Municipal Corporation in the State of Karnataka have to be filled up as per the provisions of Karnataka Municipal Corporations Act, 1976 (for short, hereinafter referred to as the ‘Act’) and the Karnataka Municipal Corporations (Election) (Amendment) Rules, 2014 (for short, hereinafter referred to as the ‘Rules’). Section 10 of the Act provides for reservation of Offices of Mayor and Deputy Mayor in the State of Karnataka. Proviso to Section 10 of the Act, contemplates that the posts to the aforementioned Offices shall be allotted by rotation in the prescribed manner as per Article 243-T of the Constitution of India. To facilitate reservation to various categories, the Government has issued notification dated 26th December, 2019 under Rule 73-A of the Rules. As per the said Notification, the Office of Mayor and Deputy Mayor of Kalaburagi Municipal Corporation, is reserved to Scheduled Tribe and Backward Class-A category. Thereafter, the respondent-State issued another Notification dated 11th February, 2021, reserving the posts of Office of Mayor and Deputy Mayor of Kalaburagi Municipal Corporation as per the guidelines under Government Order dated 21st January, 2021, resulting in reservation of posts of Mayor and Deputy Mayor to General (woman) and Backward Class-B categories, respectively. It is the case of the petitioner in Writ Petition No.202488 of 2021 that, no post has been reserved for the candidate belonging to S