STATE OF KARNATAKA Vs. RAMAPPA

JUDGEMENT

(1.) THESE writ appeals have been preferred by the government of Karnataka against the order of the learned single judge whereby he has declared sub-rule (6) of Rule 13 of the Karnataka municipalities (president and vice-president) election rules, 1965 (in short the 'rules') as amended by notification No. Hud 647 mlr 95, dated 20-12-1995 to be constitutionally invalid and has quashed the notifications dated 30-5-2001 (annexure-r2) and dated 2-6-2001 (Annexure-F) issued by the state government pursuant to the powers conferred on it under the said sub-rule.

(2.) THE writ petitions, out of which the present writ appeals arise, had been filed by the elected councilors of the city municipal councils and town municipal councils constituted under the Karnataka Municipalities Act (in short the 'act') questioning the validity of the above sub-rule and the notifications at annexures-f and r-2 on the ground that the said sub-rule conferred arbitrary and naked powers on the state government permitting it to reserve the offices of the chairpersons in the city municipal council, town municipal council and town panchayats (for convenience hereinafter referred to as 'municipalities') to scheduled castes/scheduled tribes/women and backward classes for second and subsequent elections, in any manner that it deems fit.

(3.) THE learned single judge after having gone through the government records found that the discretion so vested in the state government was grossly misused in order to appease the members of the ruling political party or even otherwise it was exercised in a most arbitrary manner without having any rational basis for making such reservations. Accordingly, the learned single judge has struck down the impugned Rule as well as the impugned notifications issued by the state government in exercise of the said powers.