RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is a resident of Kudumallige Village, Thirthahalli Taluk, Shivamogga District. His grievance is that in the impugned notification dated 04.08.2020 with respect to Kudumallige, Bekshe Kenjigudde and Biluve constituencies, no seat is reserved for Backward class-A general category. It is submitted that since 2010 there has been no reservation for Backward class-A general category with respect to both the constituencies.

(2.) Learned Counsel Smt.Vaishali Hegde, submits that there are 10 seats allocated to Kudumallige Gram Panchayat. Out of the said ten seats, one seat each is reserved for Scheduled Caste woman, Scheduled Tribe woman and Backward Class B, while two seats are reserved for Backward Class-A Woman and 4 for general category. It is submitted that based on the 2011 census, the number of seats for every Gram Panchayat has been determined in the previous election i.e., 2015. It is submitted that in the impugned notification the determination for seats which was done on the basis of the 2011 census in the year 2015 has been continued, as there is no change in the population figures. It is submitted that when there is no seat reserved for Backward class general category, the petitioner cannot claim that a seat has to be reserved for Backward class-A general category.

(3.) Having heard the learned Counsels and on perusing the petition papers, this Court finds that the petitioner has not analysed the allocation and determination of seats made by the Deputy Commission in proper perspective. As rightly submitted by the learned Counsel for the respondent- State Election Commission, out of 10 seats when not even one seat was reserved for Backward class-A category, the petitioner cannot claim that a seat should have been reserved for any of the three constituencies. Such a question would not arise, since there is no seat reserved for Backward class-A category in terms of the determination of seats already made in the year 2015 based on the 2011 census. That being the case, there is no merit in the writ petition.