NAGARAJA Vs. ELECTION COMMISSIONER STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is calling in question the Government Order dated 18-1-2010 which is impugned at Annexure-B to the petition.

(2.) The grievance put forth by the petitioner is that though there is large number of Scheduled Caste population in Allur Village, the seat has not been reserved for Scheduled Caste in any one of the earlier election or during the present election. It is pointed out that in the present election, the seats reserved for Scheduled Caste have been assigned to Banawadi, Mylanahalli, Palanahalli and Veerapura Villages, but no seat has been assigned to Allur Village. In this regard, it is pointed out that even in the earlier election for the year 2005, similar reservation has been made in respect of scheduled caste, except indicating one of the seats for scheduled caste woman by minor rotation. It is therefore contended that the notification is not sustainable.

(3.) Learned Government Advocate would contend that keeping in view the fact that there is 'nil' population of the Scheduled Tribe in almost all the villages except one, Scheduled Tribe seat has been reserved in Udukunte in the last election and the same has been continued. In view of the said fact, reservation made presently in respect of the Scheduled Caste candidates is sustainable.