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IN THE HIGH COURT OF KARNATAKA
E.S.Indiresh, J.
Yellappa - Appellant
Versus
Chief Secretary, Government Of Karnataka - Respondent
Writ Petition Nos. 202488 of 2021, 200346 and 200347 of 2022
Decided On : 04-02-2022
The Karnataka High Court held that the impugned notifications issued by the State Government reserving the posts of Mayor and Deputy Mayor of Kalaburagi Municipal Corporation were illegal and contrary to the Karnataka Municipal Corporations Act, 1976 (the Act) and the Rules made thereunder. The Court held that the State Government failed to follow the principle of rotation as mandated by Section 10(1-A) of the Act and the Rules, and that the inclusion of additional voters in the electoral list was also illegal. The Court directed the State Government to allot the offices of Mayor and Deputy Mayor in terms of the guidelines issued by the State Government as per Section 10(1-A) of the Act and to continue the election process from the stage where it was interrupted, as per the voter list issued earlier, and complete the entire election process within one month.
Fact of the Case:
The petitioners, elected corporators of Kalaburagi Municipal Corporation, challenged the State Government's notifications reserving the posts of Mayor and Deputy Mayor and the inclusion of additional voters in the electoral list. They contended that the notifications were illegal and contrary to the Act and the Rules, and that the inclusion of additional voters was also illegal.
Finding of the Court:
The Court found that the State Government failed to follow the principle of rotation as mandated by Section 10(1-A) of the Act and the Rules, and that the inclusion of additional voters in the electoral list was also illegal.
Issues: 1. Whether the impugned notifications issued by the State Government reserving the posts of Mayor and Deputy Mayor of Kalaburagi Municipal Corporation were illegal and contrary to the Act and the Rules made thereunder. 2. Whether the inclusion of additional voters in the electoral list was illegal.
Ratio Decidendi: The Court held that the impugned notifications were illegal and contrary to the Act and the Rules, and that the inclusion of additional voters in the electoral list was also illegal. The Court held that the State Government failed to follow the principle of rotation as mandated by Section 10(1-A) of the Act and the Rules, and that the inclusion of additional voters in the electoral list was also illegal.
Final Decision: The Court allowed the petitions, quashed the impugned notifications, and directed the State Government to allot the offices of Mayor and Deputy Mayor in terms of the guidelines issued by the State Government as per Section 10(1-A) of the Act and to continue the election process from the stage where it was interrupted, as per the voter list issued earlier, and complete the entire election process within one month.
JUDGMENT
E.S. Indiresh, J. - 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 dtd. 27/1/2022 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, dtd. 27/1/2022. 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'). Sec. 10 of the Act provides for reservation of Offices of Mayor and Deputy Mayor in the State of Karnataka. Proviso to Sec. 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 dtd. 26/12/2019 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 dtd. 11/2/2021, reserving the posts of Office of Mayor and Deputy Mayor of Kalaburagi Municipal Corporation as per the guidelines under Government Order dtd. 21/1/2021, 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 Scheduled Tribe in Kalaburagi Municipal Corporation till today and in view of the same, the Scheduled Tribe community has been discriminated while following the rotation policy by the respondent-State and as
The principle of rotation as mandated by Section 10(1-A) of the Karnataka Municipal Corporations Act, 1976 (the Act) and the Rules made thereunder.
Rules of game cannot be altered after the commencement of the game and the said moral obligation is applicable to the respondent-State also.
The 'power of judicial review' is specially conferred on the Constitutional Courts, i.e. the High Courts and the Supreme Court, under Articles 226 and 32 of the Constitution, respectively.
The constitutional mandate of reserving not less than one-third of the total number of seats for women and the statutory mandate of having regard to the concentration of population of SCs, STs, and O....
Point of law: Where the Government or any authority passes an order which is contrary to rules or law it becomes amenable to correction by the courts in exercise of writ jurisdiction
The court emphasized that the State Legislature has decided to rotate the seats of reserved categories, exercising its discretion in favor of the rotation of seats only, and quashed the impugned gaze....
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