VARALAKSHMI J. AND SMT. NOORJAHAN Vs. STATE OF KARNATAKA, BRUHATH BANGALORE MAHANAGARA PALIKE N.R. SQUARE AND THE REGIONAL COMMISSIONER

JUDGEMENT

(1.) THE petitioners challenge the notification dated 8.2.2013 in No. UDD 32 MLR 2013 produced at Annexure -N to the writ petition and sought for quashing the same and consequently restore the reservation to the office of Mayor for 14th term as notified in Notification dated 17.2.2011 in No. UDD 36 MLR 2011 in favour of General (Woman). The petitioners stated that they are councilors of Bruhat Bangalore Mahanagara Palike (BBMP for short) elected from Ward No. 86, Marathalli and Ward No. 31 Kushalnagar in the election held in the month of April, 2010. Section 10(1)(a) of the Karnataka Municipal Corporations Act, 1976 and Rule 73 -A of the Karnataka Municipal Corporations (Election) Rules, 1976 govern reservation to the office of Mayors and Deputy Mayors in the Corporations. The Government of Karnataka issued notification dated 23.1.2008 in No. UDD 178 MLR 2007 issuing guidelines for reservation of office of Mayors and Deputy Mayors, in the Corporations. The said Government order was issued as per the directions issued by this Court in W P No. 39675/2004. Clause (ix) of the notification deals with sequence in the process of reservation of offices of Mayors and Deputy Mayors in City Corporations. Sub -clause (c) of clause (ix) stipulates that combined list of all Corporations in alphabetical order in English language shall be prepared indicating the points fixed for SW/ST/SC/STW As per the notification, reservation was prescribed to various City Corporations to the office of Mayors and Deputy Mayors by issuing notifications from time to time. Hitherto there were 15 terms reservations have been prescribed.

(2.) THE prayer made by the petitioners is only in respect of B.B.M.P. It is stated that for the 11th and 12th term, elections were not held to B.B.M.P. Mayor and Deputy Mayor for the 11th term was reserved for General and SC respectively and for 12th term it was reserved for SCW and BCA respectively. Since election for BBMP was not conducted for the said terms, subsequent terms namely 13th and 14th terms, the reservation fixed for the 11th and 12th term should have been carried forward (to the 13th and 14th term) and accordingly notification dated 17.2.2011 in NO. UDD 36 MLR 2011 was issued reserving Mayor and Deputy Mayor in favour of G(W) and BCA. This notification was issued for the 14th term reserving the post of Mayor and Deputy Mayor for G(W) and BCA. The petitioners, who are eligible and entitled as per the reservation to contest for office of Mayor and Deputy Mayor. Contrary to the guidelines, notification dated 8.2.2013 is issued modifying the notification dated 17.2.2011 reserving office of Mayor for the General and for Deputy Mayor to B.C.A. It is submitted, modification is, contrary to law and also principles of reservation followed hitherto.

(3.) STATEMENT of objections has been filed by the respondent State Government. Submission has been made in support of modification order dated 8.2.2013. It is stated that the notification dated 23.1.2008 was issued pursuant to the order passed by this Court in W P No. 39572/2008 whereby the respondent was directed for making the reservations to the office of Mayors and Deputy Mayors on the basis of rotation which has to be clear, definite and ascertainable and fixed one. It is further submitted that pursuant to the said notification, only office of Mayor was reserved for General (Woman). The said classification was made as per sub -clause (3) of Section 10(1) of the Act which provides for reservation of not less than one -third of the total number of offices of Mayor and Deputy Mayor in the State from each of the categories reserved for the persons belonging to Scheduled Caste/Scheduled Tribe/backward class and others which are not reserved for woman and that the office reserved to be allowed by rotation. The term of the said office is for one year.