Point of Law : Reserving posts for both SC and ST category, which in totality would exceed 50%, there cannot be said to be in violation of mandate of Clause (a) of Sub-section (2) of Section 44 of the Act, so long as the reservation per category is 50%.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

a. Quash the 2020-II (2023) Term President and Vice President of Humnabad Taluk in respect reservation of ST Female for the post of Adhyaksha of Chandanhalli Gram Panchayat which is produced at Annexure-D issued by respondent No.3.

b. Direct the respondents to reserve the post of Adhyaksha of Chandanhalli Gram Panchayat, Tq; Humnabad, Dist. Bidar by following the rotation system.

c. Pass such other interim order or orders as deemed in the circumstances of the case, in the interest of justice & equity.

2. The petitioner claims to be an elected Member of Sonkere Chandanahalli Gram Panchayat and is aggrieved by the reservation made for the post of Adhyaksha and Upadhyaksha in Chandanahalli Gram Panchayat.

3. The contention of Sri.Gourish Kashampur learned counsel for the petitioner is that:

3.1. The total posts in Humnabad taluk in which Chandanahalli Gram Panchayat is situate is 19, out of which 6 seats have been reserved for persons belonging Scheduled Caste [SC], 5 for Scheduled Tribe [ST] and 8 for the General/open category. There being no reservation made for Category-A or Category-B, he submits that the persons belonging to Category-A or Category-B have been deprived of such reservation even though there are several persons belonging to Category-A or Category-B elected to various gram panchayats in Humnabad talk.

3.2. Secondly, he submits that the reservation which has been made exceeds 50% of the permissible reservation inasmuch as 6 posts have been reserved for members of SC and 5 for members of ST which comes to total number of 11 when the posts being 19, the maximum that could have been reserved is 9.5 or rounded off to 10. Thus, he submits that one extra post having been reserved exceeds 50% reservation which could have been apportioned to either Category-A or Category-B and if not to either of them, to the General category.

3.3. Thirdly, he submits that there is repetition in the rotation of roster reservation inasmuch as first term for the year 2010 was reserved for ST-Female for the post of President and General for Vice President. The first term for the year 2015 was reserved for SC-Female for the post of President and ST-Female for the post of Vice President. First term in 2021 was reserved for General for President and SC-Female for Vice President and now for the second term, the reservation is made for ST-Female for President and General for the Vice President. Therefore, the contention is that the reservation from 2010 first term, 2015, 2021 and now has been made only for SC/ST and General and no reservation has been made for Category-A or Category-B. There being a repetition, there is injustice which is caused inasmuch as even with regard to SC/ST, the horizontal reservation is for female and the Males cannot contest for such posts in the elections.

3.4. On all these grounds, he submits that the above writ petition is requires to be allowed.

4. Sri.K.N.Phaneendra, learned Senior counsel for respondent No.2 submits that,

4.1. The entire reservation has to be done in terms Sub-section (2) of Section 44 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 [‘The Act’ for short].

4.2. By relying on Sub-clause (a) of Sub-section 2 of Section 44 of the Act, he submits that the total number of posts reserved for Adhyaksha and Upadhyaksha have to be in proportion to the total number of the population of the SC and STs.

4.3. By relying on Clause (c) of Sub-section 2 of Section 44 of the Act, he submits that not less than 50% of the total number of offices of Adhyaksha and Upadhyaksha of Gram Panchayats in the State are to be reserved for persons belonging to SC and ST and backward classes and as such, he submits that the Election Commission has evolved a formula to cater to all the requirements.

4.4. In this regard, he submits that the total SC rural population of the State, as also that of the STs of the State is taken into considerat