RAMA BOVI Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this petition, petitioner who is a voter of Banavar Town and belonging to Bovi community, which is a Scheduled Caste community, prays for the issue of writ quashing the final notification dated 29th June 1968 issued under S.13 of the Mysore Municipalities Act, 1964 (hereinaftercalled the Act), determining the territorial divisions and the number of seats aloltted to each of the territorial divisions. Incidentally, he seeks a writ of certiorari striking down Ss.13 and 14 of the Act. It may be mentioned that the petitioner's Counsel did not press for this relief.

(2.) He further seeks a writ of mandamus to direct the first respondent-State of Mysore, to make proper divisions for elections under S.13 of the Act, and the second respondent to maintain a proper list of voters and to hold elections for the Banavar Municipality in accordance with the rules. In the affidavit filed in support of the petition, the ground urged is that under the provisions of sub-sec. (3) of S.11 of the Act it is necessary that one seat at least should be reserved for the Scheduled Castes irrespective of the population of such caste within the area of the Municipality. It is submitted that the territorial divisions set out in the impugned notification (Ex.'D') are vague. It is also contended that the voters lists maintained for the purpose of election is irregular and not maintained in accordance with the territorial divisions, nor are they divided into parts so as to designate the voters included in each part with particulars as to their residence and other details. In para 23 of the affidavit, it is alleged that owing to the failure to publish the list of polling stations and the polling areas, the petitioner and other voters had no idea where exactly they have to vote and they could do so only with the help of the agents of the candidates.

(3.) In para 25, it is mentioned that the petitioner came to know that there was no reservation at all for the Scheduled Castes on 'later enquiries'. He submits that as he has no other remedy under the law, he has filed this petition under Art..226 of the Constitution of India. In the reply affidavit filed by the petitioner besides reiterating what has been stated in the earlier affidavit, he submits that as per voters lists, Exs. T 'K' and 'L', there are more than hundred voters belonging to Schedule 'Castes and therefore one seat at least should have been reserved under the impugned notification Ex.-D.