ABDULLA KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question the final Notification dtd. 25/11/2021 issued by the 1st respondent depicting reservation for Sira City Municipal Council ('CMC' for short).

(2.) Heard Sri Jayakumar S.Patil, learned Senior Counsel for Sri Mahammed Tahir, learned counsel for the petitioners, Sri Dhyan Chinnappa, Additional Advocate General along with Smt. Prathima Honnapura, Additional Government Advocate for respondents 1 and and Sri K.N. Phanidra, learned Senior Counsel for Smt. Vaishali Hegde, learned counsel for respondent No.4.

(3.) Shorn of unnecessary details, facts in brief germane for consideration of the lis are as follows: The petitioners claim to be residents of Sira and prospective candidates for the ensuing elections to the CMC. The petitioners belong to Ward No.19 of the CMC. Therefore, the petition concerns Ward No.19 alone of the CMC. The issue in the petition is with regard to policy of reservation and its rotation for the CMC. The first general election to the City Municipal Council was held in the year 2007. The term of office of Members in terms of the Karnataka Municipalities Act, 1964 ('the 1964 Act' for short) is five years. For the elections that were held in the year 2007, a notification was issued by the State Government on 12/10/2007 depicting reservation for Ward No.19 to be reserved for General (Woman), after which elections were notified in the year 2013. It is not in dispute that the policy of reservation and elections notified in the year 2013 became subject matter of several writ petitions before this Court and ultimately decided by the Apex Court. The Apex Court directed that within one week from the date of decision of the Apex Court if the State Government would not notify any policy of reservation for conduct of elections of the year 2013, the earlier reservation notification dtd. 12/10/2007 be applied and elections be conducted. Therefore, the reservation notification dtd. 12/10/2007 stood repeated for the elections in the year 2013 as well. It is in that light Ward No.19 of the CMC was depicted to be reserved for General (Woman) in the 2013 as was done in the year 2007.