ORDER

The petitioner filed the present writ petition for a writ of certiorari to quash to impugned notice issued by the 4th respondent bearing No.ELN(PAPUMSA)CR 05/2018-19 dated 13.06.2018, as per Annexure-K and to quash Section 42(11) of the Karnataka Municipalities Act, 1964, as it is unconstitutional, ultra vires and opposed to Section 18(1)(a) of the Karnataka Municipalities Act, 1964.

I FACTS OF THE CASE:

2. It is the case of the petitioner that the petitioner was elected as a member of Town Panchayath, Sargur, from ward No.11 of Sargur Town, H.D.Kote Taluk, Mysuru District and has been serving the public since 2015. The petitioner is known in public as most sincere and honest member of the Panchayath serving with devotion and she is deserved for the post of President. The petitioner belongs to BCM(A) category as she belongs to Thogata community, which was not given any chance to represent the post of President in Sargur Town Panchayat for the last 13 years. Though it was brought to the notice of all the respondent authorities, deliberately with political forces they were going on with repetition, depriving petitioner’s right to contest to the post of President and represent her catergory. It is further contended that though the category GW (General Women) was allotted in the last election during the year 2016 for the post of President of Sargur Town Panchayat, now once again the same GW category is repeated for the present year i.e., 2018 which is illegal and contrary to the law laid down by this Court and the Apex Court.

3. It is further contended that the third respondent, all of a sudden, ignoring the mandate of law and without there being any notification fixing the category, repeating the old fixation of category given in the 2016 notification once again issued the notice calling upon the Tahsildar to hold the election for the post of the President of Sargur Town Panchayath, as per Annexure- J. The 3rd respondent/ Deputy Commissioner issued notice to hold elections to the post of President of Sargur Town Panchayath on 13.06.2018. The impugned notice of meeting of Town Panchayat shows to hold the election on 21.06.2018 on the basis of reservation of category notified in the notification dated 24.02.2016.

4. It is further contended that, for the election to the post of President to Sargur Town Panchayat for the year 2018, the Deputy Commissioner, without making separate list of reservation category, adopted the earlier reservation made during the year 2016, which clearly depicts the arbitrary act of the respondents. Though this fact was brought to the notice of the Deputy Commissioner, he has not taken any action. On 15.09.2015, general election for Sargur Town Panchayath was held and the petitioner was elected as a member of Sargur Town Panchayath from BCAW (backward class women) category. On 07.10.2015, one Smt.Ratna was elected as President. On 03.02.2017, said Smt.Rathna resigned to the post of President. On 08.03.2017, election was held to the vacant post of President and the petitioner was elected as President. On 13.06.2018, the third respondent issued notice to hold election to the post of President on 21.06.2018. Hence, the present writ petition is filed for the relief sought for.

II STATEMENT OF OBJECTIONS:

5. The respondents/State filed objections and specifically contended that the very writ petition filed by the petitioner is not maintainable and contended that the Sargur Town Panchayath election was conducted in the year 2015 and one Smt. Ratna was elected as President on 07.10.2015 for a term of 30 months as per the provisions of Section 42(11) of the Karnataka Municipalities Act, 1964 (‘Act’ for short). In the interregnum of the 30 months, Smt. Ratna tendered her resignation to the post of President of Sargur Town Panchayath on 03.02.2017 and the same was accepted by the Government on 13.02.2017 as the said Smt.Ratna did not withdraw her resignation within ten days. The post of President became vacant due to