In WP No. 13650 of 2023, the petitioner challenged the reservation list for the Ryapte Grama Panchayat elections. The High Court of Karnataka held that the Election Officer correctly followed the Government Order guidelines and the computerized rotation system, dismissing the petition.
The writ petition stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:24084 WP No. 13650 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 13650 OF 2023 (LB-ELE)
BETWEEN:
SMT. LEELAVATHI W/O NAGARAJU H R AGED ABOUT 26 YEARS, R/AT NO. 142, HUSSAINPURA VILLAGE AND POST, NAGALAMADIKE HOBLI, PAVAGADA TALUK, TUMKURU DISTRICT-572136.
…PETITIONER
(BY SRI. NARASI REDDY G., ADVOCATE)
AND:
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:24084 WP No. 13650 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESERVATION LIST FOR THE SECOND TERM PRESIDENT AND VICE PRESIDENT POST IN RESPECT OF RYAPTE GRAM PANCHAYAT, PAVAGADA TALUK, TUMKUR DISTRICT BY THE R5 ELECTION OFFICER, TUMKUR DISTRICT DTD 21.06.2023 AS PER ANNEXURE-G WHEREIN, THE RESERVATION FOR THE UPCOMING GRAM PANCHAYAT ELECTIONS FOR THE RYAPTE GRAM PANCHAYAT AND OTHER GRAM PANCHAYATS HAS BEEN NOTIFIED AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:24084 WP No. 13650 of 2023
ORDER
R.DEVDAS J., (ORAL):
The grievance of the petitioner is that in Ryapte Grama Panchayat of Pavagada Taluk, Tumakur District, reservation to the post of Adhyaksha in the category of Scheduled Tribe (woman) was never given commencing from 1993, till date. On the other hand, reservation was provided for Scheduled Caste (woman) twice earlier and in the impugned notification once again reservation is given for Scheduled Caste (woman) for the post of Adhyaksha.
them is reserved for BCA and 8 General Merit candidates. While working out the rotation in reservation in terms of the guidelines, the first step that is required to be done is to identify the Grama Panchyatas in the Taluk which are required to be assigned reservation of Scheduled Caste categories.
and the total number of posts reserved in Ryapte Grama Panchayat, which shows that 4 members belong to Scheduled Caste community and the process of rotation in reservation suggested that the reservation this time has to be provided for Scheduled Caste category, the Election Officer and Deputy Commissioner has proceeded to concur with the results given by a computerized system.
submitted in the very beginning itself, that the entire process of rotation in reservation is now done by a computerized system which is known as ‘GPPVP application’. It is submitted that the entire process has been computerized so that there is no human intervention. Even after computerization, there may be certain cases where the Election Authority is confronted with more than one constituency standing on equal footing. Only in those circumstances, the Election Authority is permitted to use the method of lottery in terms of clause 3(vi) of the
Government Order dated 25.05.2023 issued by the State Election Commission.
Sd/JUDGE
DL
3 issues framed by the court
Whether the reservation for Scheduled Caste (woman) for the post of Adhyaksha in Ryapte Grama Panchayat was lawful under the rotation guidelines.
Whether the Election Officer-cum-Deputy Commissioner correctly followed the computerized process for rotation in reservation.
Whether the petitioner is entitled to a writ of quo-warranto or certiorari to quash the reservation list.
2 provisions across 2 enactments
SMT. LEELAVATHI W/O NAGARAJU
STATE OF KARNATAKA
THE DIRECTOR AND THE WORKING GOVERNMENT JOINT SECRETARY
THE DEPUTY COMMISSIONER TUMKUR DISTRICT
THE CHIEF EXECUTIVE OFFICER TUMKUR ZILLA PANCHAYAT
THE DISTRICT ELECTION OFFICER TUMKUR DISTRICT
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
