Dismissed

Sri. J. Shivalinge Gowda v. the State of Karnataka

Karnataka HC21 Jul 2023WP/15548/2023

Case brief

AI extract

What is this about?

This writ petition challenged a notification reserving a President seat for the Scheduled Caste category in Nagegowdana Doddi Grama Panchayat, arguing it violated rotation norms as BCM 'B' seats were previously unallocated. The High Court observed that the Deputy Commissioner followed State Election Commission guidelines using a computerized system, finding no fault and dismissing the petition.

What the court decided

AI extract

Sri. J. Shivalinge Gowda Vs the State of Karnataka — Election Law | Karnataka HC (2023)

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NC: 2023:KHC:25401 WP No. 15548 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS

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WRIT PETITION NO. 15548 OF 2023 (LB-ELE)

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BETWEEN:

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SRI. J. SHIVALINGE GOWDA S/O. LATE JAVAREGOWDA, AGED ABOUT 63 YEARS, R/AT THAMMADAHALLI VILLAGE, MALAVALLI TALUK, KANDEGALA POST, MANDYA-571 401.

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…PETITIONER

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(BY SRI. D.R. RAVISHANKAR, SR. COUNSEL FOR SRI. SARAVANA S., ADVOCATE)

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AND:

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Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, VIDHANA SOUDHA, BANGALORE-560 001.

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NAGEGOWDANADODDI GRAMA PANCHAYAT MALLAVALLI TALUK, MANDYA-571 401, REPRESENTED BY ITS EXECUTIVE OFFICER.

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NC: 2023:KHC:25401 WP No. 15548 of 2023

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DISTRICT COMMISSIONER AND ELECTION OFFICER MANDYA, MANDYA-571 401.

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KARNATAKA STATE ELECTION COMMISSION REPRESENTED BY ITS COMMISSIONER, R/O. NO. 16, 1 AND 2^ND FLOOR, BELLARY ROAD, SADHASHIVANAGAR, BENGALURU-560 080.

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…RESPONDENTS

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(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI. SANTHOSH KUMAR M.B., HCGP FOR R1 & R3 SRI. VIKRAM H BHAT., ADVOCATE FOR SMT. VAISHALI HEGDE, ADVOCATE FOR R4 V/O DT. 20.07.2023, NOTICE TO R5 & R6 IS D/W)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTIFICATION ISSUED BY R4 25/05/2023 IN VIDE NO.RAA.CHU.AH 53 EGP 2022 BENGALURU, RESERVING THE POST OF PRESIDENT AND VIDE PRESIDENT IN THE CATEGORY OF SCHEDULE CASTE, SCHEDULE TRIBE, BACK WARD (A) BACK WARD (B) GENERAL (WOMEN) AS PER ANNEXURE-A SO FAR IT CONCERNS THER2 GRAM PANCHAYAT AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING – B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC:25401 WP No. 15548 of 2023

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ORDER

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R.DEVDAS J., (ORAL):

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The petitioner, who is a member of Nagegowdana Doddi Grama Panchayat, Malavalli Taluk, is aggrieved of the impugned notification dated 14.06.2023, issued by the Deputy Commissioner-cum-District Election Officer.

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Learned Senior Counsel Sri.D.R.Ravishankar, appearing for the petitioner submits that there is only one seat reserved for Scheduled Caste category in the Grama Panchayat and the reservation is now given to Scheduled Caste category. Learned Senior Counsel submits that earlier too, in the year 2005 (II term) reservation of Scheduled Caste category was given to the Grama Panchayat. On the other hand, reservation of BCM ‘B’ category is never given to the Grama Panchayat, till now. It is therefore sought to be submitted that the policy of rotation in reservation has not been complied with.

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Learned Additional Advocate General would submit that in Malavalli Taluk there are 39 Grama Panchayats and

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4 - NC: 2023:KHC:25401 WP No. 15548 of 2023

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8 posts are reserved for Scheduled Caste, 9 posts for BCM

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‘A’ and 2 posts for BCM ‘B’. In terms of the guidelines issued by the State Election Commission, which is in the form of a Government Order dated 25.05.2023, the rotation in reservation shall commence from the Scheduled Caste category. In that view of the matter it is pointed out from the worksheet maintained by the Deputy Commissioner that after keeping away the Grama Panchayats which had received the reservation of Scheduled Caste category in the immediate past, the next set of 8 Grama Panchayats were identified and Nagegowdana Doddi Grama Panchayat was directly eligible for Scheduled Caste category, having regard to the number of posts assigned to the Grama Panchayats and the completion of the cycle. Moreover, it is submitted that in BCM ‘B’ category there are only 2 posts in the entire Taluk and therefore, it may take a longer time to complete the cycle and this is only in the 10^th term of the election

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and having regard to the fact the only 2 posts are reserved for BCM ‘B’ category and there are 39 Grama

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5 - NC: 2023:KHC:25401 WP No. 15548 of 2023

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Panchayats in the Taluk, it is possible that many of the Grama Panchayats have still not got the reservation of BCM ‘B’ category.

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Learned Additional Advocate General further submits that commencing from the year 2020 a computer system known as GPPVP application is put in place for rotation in reservation and human intervention is not permissible. Learned Additional Advocate General would therefore submit the Deputy Commissioner has followed the guidelines which is in the form of a Government Order dated 25.05.2023 which provides the method and steps which are required to be followed. Nevertheless, since the entire process has been computerized and no human intervention was permissible, no fault can be found in the action of the Deputy Commissioner.

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Learned Senior Counsel would also submit that although 80% of the population in the Grama Panchayat belong to the Backward Classes, whether it is category ‘A’ or category ‘B’, the number of seats allocated to the

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6 - NC: 2023:KHC:25401 WP No. 15548 of 2023

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Grama Panchayat in respect of BCM ‘B’ is only one , and it is not in proportion to the population. However, learned Additional Advocate General would submit that this exercise of fixing the number of posts took place in the year 2020 on the basis of the population Census of the year 2011. Even otherwise, such contention cannot be considered in this writ petition, since that exercise was undertaken in the year 2020 and at that point of time, the petitioner should have questioned the fixation of number of posts for BCM ‘B’ category.

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Having heard the learned Senior Counsel appearing for the petitioner, learned Additional Advocate General for the respondent-State and on perusing the petition papers, this Court is of the considered opinion that in matters of reservation and in fact in all matters which arise out of writ jurisdiction of this Court under Article 226 of the Constitution of India, this Court is required to consider whether the authority has followed the prescribed norms. This Court will not be concerned about the end

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7 - NC: 2023:KHC:25401 WP No. 15548 of 2023

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results. If the authority is able to satisfy this Court that prescribed norms are followed, normally this Court would not interfere in a matter arising out of Article 226 of the Constitution of India. Having regard to the said position of law, and having found that the respondent-Deputy Commissioner-cum-District Election Officer has followed the norms prescribed by the State Election Commission, there is no cause for interference in the present case and

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no fault can be found in the impugned notification.

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Consequently, the writ petition stands dismissed .

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Pending I.As., if any, stand disposed of.

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Sd/JUDGE

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Sri. J. Shivalinge Gowda v. the State of Karnataka

Case brief

What is this about?

What the court decided

Sri. J. Shivalinge Gowda v. the State of Karnataka

Case brief

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