LAXMI REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has sought for quashing the Notification dated 13-1-2010 issued by first respondent vide Annexure-E in so far as it relates to reservation to the post of Adyaksha of Zilla. Panchayath, Yadgir to Scheduled Tribe category.

(2.) Petitioner contested and was elected as a member of Gulbarga Zilla Panchayath from Konkal constituency in the election held during the year 2005. So also the 3rd respondent contested and was elected as a member of Gulbarga Zilla Panchayath from Kanapur S.H. constitutency. The Government of Karnataka issued a Notification under the provisions of the Land Revenue Act splitting the Gulbarga District to form a new District i.e., Yadgir District. Consequently Gulbarga District is now bifurcated into two Districts, Viz., Gulbarga District and Yadgir District w.e.f 30-12-2009. The' petitioner and the respondent No. 3 though were elected as members of Zilla Panchayath, Gulbarga, are now the members of Zilla Panchayath, Yadgir in view of the fact that the respective constituencies from which they are elected fall within newly formed Yadgir District Thus petitioner and respondent No. 3 continue to be Zilla Panchayath Members in Yadgir District as per Section 302-A of the Karnataka Panchayath Raj Act.

(3.) First respondent issued Notification as per Annexure-D dated 29-12-2009 under Section 177(2) of the Panchayath Raj Act relating to reservation to the offices of Adyaksha and Upadyaksha. The Notification at Annexure 'D' dated 29-12-2009 reveals that both the posts i.e., Adyaksha and Upadyaksha were meant for general category. Subsequently another Notification is issued as per Annexure-E dated 13-01-2010 under the provisions of Section 177(2) of the Panchayath Raj Act modifying the earlier Notification dated 29-12-2009. The Notification Annexure-E dated 13-1-2010 declares that the post of Adyaksha is reserved for Scheduled Tribe and whereas post of Upadyaksha is reserved for General (Woman).