PRASHANTH B. G. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is a resident of Kusubur, Somwarpet Taluk, Kodagu District. His grievance is with respect to Beluru constituency of Beluru Gram Panchayat, where there are 15 seats for the entire Gram Panchayat and the Gram Panchayat is divided into five constituencies. The specific grievance is regarding Beluru constituency which has two seats. It is submitted that on the previous occasion i.e., 2015 elections, two seats were reserved for Backward Class-A, Woman and General.

(2.) It is submitted that there are three seats reserved for Scheduled Castes and in terms of the rotation policy in the second round itself, at least one seat should have been reserved for Scheduled Castes in Beluru constituency. The other grievance of the petitioner is that there is only one seat reserved for Scheduled Tribe and the same is always reserved for (Woman).

(3.) Learned Senior Counsel Sri K.N.Phanindra, appearing for the third respondent-State Election Commission admits that there is a population of 49 Scheduled Caste persons in Beluru constituency and therefore the submission of the petitioner that in the second round invariably one seat should have been reserved for Scheduled Caste persons, is acceptable. It is submitted that since there are five constituencies and during 2015, if three seats of Scheduled Castes were distributed amongst the other three constituencies, then in the next round, invariably the other two who were left without reservation for Scheduled Castes would naturally get reservation of Scheduled Castes including a repetition in one of the previous constituency.