GANESHA R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, a member of Pillanagere Grama Panchayat, Shivamogga Taluk, is aggrieved of the impugned notification dtd. 23/6/2023. It is contended that although the Grama Panchayat has 2 members of the Scheduled Caste category, nevertheless, reservation of Scheduled Caste (Woman) was once given in the year 2005 (II term) and thereafter, no reservation of Scheduled Caste category is given to the Grama Panchayat.

(2.) Learned Counsel for the petitioner seeks to contend that in Gajanuru Grama Panchayat though there are 3 members of the Scheduled Caste category, nevertheless, the Scheduled Caste reservation is given to the Grama Panchayat for the 2nd time after it was earlier allotted in the year 2005 (I term). Similarly, it is pointed out to Kadekal Grama Panchayat, where in the year 2005 (I term) reservation of Scheduled Caste was given to the post of Adhyaksha, again this time it is reserved for Scheduled Caste. Kumsi Grama Panchayat was also pointed out while contending that there are 3 members of Scheduled Caste category and in the year 2000 (II term) Scheduled Caste reservation was given and now again Scheduled Caste reservation is repeated.

(3.) Learned Additional Advocate General would submit that Shivamogga Taluk has 42 Grama Panchayats. In the 42 Grama Panchayats, there are 8 posts reserved for Scheduled Caste category, 2 posts for Scheduled Tribe, 9 posts for category 'A', 2 posts for category 'B' and 21 posts are reserved for General category. In terms of the guidelines issued by the State Election Commission, which is in the form of a Government Order dtd. 25/5/2023, rotation in reservation shall commence from the Scheduled Caste category. Accordingly, having regard to the fact that the 8 number of Scheduled Caste reservation is available for the post of Adhyaksha, the same is required to be rotated amongst the Grama Panchayats, which are 42 in number. By a simple calculation, it would take minimum five terms for the cycle to complete in the Taluk. With this in mind, it is submitted that Pillanagere Grama Panchayat had earlier been given reservation of Scheduled Caste (Woman) in the year 2005 (II term). Therefore, after 2005 (II term), this election being the fifth term, in all probability the Grama Panchayat may get Scheduled Caste reservation in the next term, since the cycle would come back after completion of the five terms logically.