R. GOVINDA REDDY @ K.R. GOVINDA REDDY S/O RAMAREDDY, MEMBER, GRAM PANCHAYAT Vs. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT AND OTHERS

JUDGEMENT

(1.) THE petitioner is calling in question the notification dated 18.01.2010, which is impugned at Annexure -B to the petition.

(2.) BY the said notification, out of two seats which is available for Lingavarahatti, one seat has been assigned to Schedule Tribe while the other is assigned to backward class 'A'. The petitioner contends that the said reservation is not in conformity with the rotation prescribed. It is contended that even in the earlier election in the year 2005, one seat had been assigned to backward class 'A' and therefore, there is repetition. It is therefore contended that the one seat ought to have been assigned either to back ward class 'B' to the general category or any other category instead of repeating the same to backward class 'A'. Therefore, the petitioner seeks for interference with the said notification.

(3.) IN the light of the above, insofar as the manner in which the seats had been assigned in the last two elections as well as this election, it is not in dispute. Therefore, keeping this aspect in view, it is seen that insofar as Lingavarahatti in the year 2000, one seat has been assigned in general category out of the two seats. In the elections in the year 2005; one seat was assigned to backward 'A' and other was for general. Hence, keeping this aspect in view, in the present election, the seat has been assigned to schedule tribe and backward class 'A'.