KRISHNA T. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is a member of Hadya Grama Panchayat of Nanjangud Taluk, Mysore District is aggrieved of the impugned notification issued by the 3rd respondent - Deputy Commissioner-cum-Election Officer, wherein the post of Adhyaksha of the Grama Panchayat is reserved for General category and the post of Upa- adhyaksha is reserved for Scheduled Tribe (Female) category.

(2.) Learned counsel for the petitioner submits that although the Grama Panchayat has a sizable population of Scheduled Tribe and 2 members of the grama panchayat are from the Scheduled Tribe category, nevertheless Scheduled Tribe reservation for the post of Adhyaksha or the post of Upadhyaksha was never given till date. Learned counsel submits that in the year 2010 (I term), the post of Adhyaksha was reserved for Scheduled Tribe (Female) and similarly during the year 2010 (I term) the post of Upadhyaksha for Scheduled Tribe (Female) category. However, Scheduled Tribe, as such, was never given reservation in the grama panchayat till date. On the other hand, Rampura Grama Panchayat which was given Scheduled Tribe reservation for the post of Upadhyaksha during the year 2010 (II term), is once again given Scheduled Tribe in the impugned notification. Similarly in Kasuvinahalli Grama Panchayat Scheduled Tribe reservation was given to the post of Upadhyaksha during the year 2010 (I term), this time again Scheduled Tribe (Female) reservation is given. In Shiramalli Grama Panchayat Scheduled Tribe reservation was given for the post of Upadhyaksha during the I term of 2010 and this time again Schedule Tribe (Female) reservation is given. In Kurihundi Grama Panchayat, although reservation was given to the post of Adhyaksha during the year 2015 for Scheduled Tribe (Female), this time reservation is given to the post of Upadhyaksha in Scheduled Tribe category.

(3.) Learned Additional Advocate General, while taking this Court through the worksheet maintained by the Deputy Commissioner submits that Nanjangud Taluk has 45 grama panchayats. Of the 45 grama panchayats there are 12 posts reserved for Scheduled Caste, 8 for Scheduled Tribe, 2 for Category-A, none for the Category -B and 23 for General category. The learned Additional Advocate General would therefore submit that since Hadya Grama Panchayat had reservation of Scheduled Tribe (Female) in the year 2010 (II term) and having regard to the fact that 8 posts of Scheduled Tribe category are required to be rotated in 45 grama panchayats, it would take minimum of 5 terms to complete the cycle, if not more. In that view of the matter it is submitted that since the grama panchayat had a Scheduled Tribe reservation during the II term of 2010 and this is only the III term after the said term of 2010, the petitioner cannot expect reservation of Scheduled Tribe in the grama panchayat to the post of Adhyaksha.