KARNATAKA STATE ELECTION COMMISSION, NOW REPRESENTED BY ITS UNDER SECRETARY Vs. SRI VENKATESHA, S/O SRI SIDDALINGAPPA AND OTHERS

JUDGEMENT

(1.) RESPONDENT Nos. 1 to 6 herein, approached this Court by Ming Writ Petition Nos. 35510 -15/2010, with a prayer to strike down the Karnataka Panchayat Raj (Amendment) Ordinance, 2010, in so far as it only puts a cap on the total reservation in favour of scheduled caste, scheduled tribe and backward classes provided under the Karnataka Panchayat Raj Act, 1993, at 50%, without fully enforcing the constitutional mandate in the matter of reservation in Panchayat elections. Respondent Nos. 1 to 6 also prayed for the issuance of a writ in the nature of certiorari, to quash the order dated 15.10.2010 issued by the Karnataka State Election Commission, as well as, the notifications dated 08.11.2010 reserving seats in the Panchayat elections so as to give effect to the order dated 15.10.2010

(2.) WRIT Petition Nos. 35510 -15/2010 came to be disposed of by a learned Single Judge of this Court on 19.11.2010, wherein a direction was issued to the State government, to give effect to the Constitutional mandate contained in Part IX of the Constitution of India, and more particularly to Articles 243D and 243T of the Constitution of India. This according to the Appellant was required to be done, by choosing, "more" politically backward classes/castes for reservation in the ensuing Panchayat elections. This Court by its order dated 19.11.2010 (passed while disposing of Writ Petition Nos. 35510 -15/2010), had required the State government, to re -draw the reservation notification, by eliminating the defects therein, i.e., by providing for reservation only on the basis of "political backwardness". It would be pertinent to mention, that for implementing the aforesaid direction, Respondent Nos. 1 to 6 were required to move a representation to the State government within three days (from the date of disposal of Writ Petition Nos. 35510 -15/2010 - decided on 19.11.2010), wherein they were required to furnish material particulars of "political backwardness" in respect of 199 castes declared by the State of Karnataka as Backward Classes for the State. Needless to mention, that the aforesaid purpose could also be achieved by showing, that certain castes were "politically advanced", and as such, could not be beneficiaries of reservation. Alternatively, this could be done by the private Respondents even by highlighting the castes included in the list of Backward Classes in the State of Karnataka, which had remained unrepresented in the Panchayat elections conducted hitherto before. The State government was in turn directed, to verify the correctness of the information furnished by Respondents Nos. 1 to 6, and to take a decision in the matter within two weeks, so as to provide reservation only to the "more" "politically backward" castes, in the list of Backward Classes.

(3.) THE Karnataka State Election Commission, has filed the instant writ appeals, so as to assail the order dated 19.11.2010 passed by this Court (while disposing of Writ Petition Nos. 35510 -15/2010). The primary purpose of filing the instant appeals by the State Election Commission was, the inevitable delay which would be caused in the electoral process, in case the directions issued by this Court were to be complied with. The different submissions advanced at the hands of the Appellant, while substantiating his aforesaid contention have been recorded by us in detail, while examining the merits of the controversy, raised through the instant writ appeals.