MAHALAKSHMI Vs. DEPUTY COMMISSIONER BELLARY DISTRICT BELLARY

JUDGEMENT

(1.) SINCE the questions raised in both the petitions are similar and identical, both these petitions were heard together and are disposed of by this common order.

(2.) THE petitioners in these petitions are members of karekallu grama panchayat in bellary taluk (hereinafter referred to as "the panchayat" ). The said panchayat has been constituted as provided under Section, 4 of the Karnataka panchayat RAJ Act, 1993 (hereinafter referred to as "the act"), and it consists of karekallu I and ii, byalachintha, gollaranagenahalli, tembarahalli and dasaranagenahalli villages. The petitioners are persons belonging to scheduled caste. However, it is the case of the petitioners that they were elected to the panchayat in respect of seats reserved for the category of women (general) during the election held to the membership of the panchayat on 26th of March 2000. Subsequently, the first respondent-deputy commissioner, by means of his notification dated 11th of april, 2000, a copy of which has been produced as Annexure-C , notified the reservation of offices of adhyaksha and upadhyaksha in respect of 40 village grama panchayats in bellary taluk and district. Insofar as karekallu grama panchayat is concerned, the office of adhyaksha was reserved for women (general) and the office of upadhyaksha was reserved for backward classes (category-b) at serial no,. 29 of the notification Annexure-C.

(3.) IN these petitions, the petitioners have sought for a direction to respondents 1 and 2 to hold election to the office of adhyaksha of the karekallu grama panchayat in accordance with the reservation made by the first respondent by means of his notification Annexure-C ; and for a further direction to respondents 1 and 2 to hold the election to the office of adhyaksha of the panchayat only among the women members belonging to the category of women (general) and not to accept the nominations of women belonging to other categories.