M. L. DHANALAKSHMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner No.1 is a member of Lalanakere Grama Panchayat and petitioner No.2 is a member of Bindaganavile Grama Panchayat, both in Nagamangala Taluk. The petitioners are aggrieved of the notification issued by the 3rd respondent - Deputy Commissioner cum Election Officer. It is the contention of the petitioner that Scheduled Tribe category reservation was never given to the post of Adhyaksha of Lalanakere Grama Panchayat and therefore the reservation of Scheduled Tribe should have been given. Learned Additional Advocate General would submit that there is no reservation for Scheduled Tribe category seats in the entire Taluk and therefore it is impermissible for the Deputy Commissioner to make any reservation to any of the Grama Panchayat in the taluk for Scheduled Tribe category.

(2.) Insofar as the petitioner No.2 is concerned, learned counsel for the petitioner submits that reservation for the post of Adhyaksha should have been given to Scheduled Caste and not further reservation for female category, in Bindiganavele Grama Panchayat. Learned Additional Advocate General would submit that in the year 2020 (I term) Scheduled Caste reservation was given to Bindiganavele Grama Panchayat. In terms of the guidelines, when the Deputy Commissioner took up the rotation in reservation in Scheduled Castes category, it was found that having regard to the total number of seats of Scheduled Castes and there being 3 posts reserved for the Scheduled Castes category in the taluk, Bramhadevarahalli, Bindiganvele and Anchechittanhalli Grama Panchayats were found to be eligible. Further 2 posts out of the 3 are required to be reserved for female category. Anchechittanhalli which would had general reservation in the I term of the year 2020 elections was directly eligible for allotment of Scheduled Castes (Female) category. This is based on the Clause 4 of the guidelines which clearly states that as far as possible, while allocating reservation of the Scheduled Castes and Scheduled Tribes category, regard should be had to the fact that if in the previous round of elections the reservation was provided to a female category, then reservation of female category to such grama panchayat should be avoided. Therefore since Anchechittanhalli had general reservation and not in female category, said grama panchayat become directly eligible for allotment of Scheduled Caste female category. Thereafter one more seat of the female category to be allotted between Bindiganvele and Bramhadevarahalli. Since both the grama panchayats earlier had female reservation, by way of picking a lottery, the Scheduled Caste female reservation fell to Bindiganavele. The learned Additional Advocate General would therefore submits that the Deputy Commissioner has followed the guidelines and no fault can be found in the impugned notification.

(3.) Learned Additional Advocate General submits that commencing from the year 2020, a computer system known as GPPVP application is put in place for rotation in reservation and human intervention is not permissible. Learned Additional Advocate General would therefore submits the Deputy Commissioner has followed the guidelines which is in the form of a Government Order dtd. 25/5/2023 which provides the method and steps which are required to be followed.