C. R. HALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are the members of Hiregowja Grama Panchayat of Chikamagaluru Taluk and District are aggrieved of the impugned notification issued by the Deputy Commissioner-cum-Election Officer in respect of the post of Adhyaksha. It is submitted that during the year 2010 (II term) reservation of Category-B (Female) was given in the grama panchayat for the post of Adhyaksha, this time again the same reservation is repeated. Learned counsel would also submit that Scheduled Tribe reservation has never come to the grama panchayat although there is sizable population. Scheduled Caste reservation has come to the gram panchayat only once in the year 2005 (II term).

(2.) Learned counsel for the petitioner also submits that since female reservation was given in the previous elections, in the form of Category- A (Female), even in terms of the guidelines, female reservation should not have been repeated. To this learned Additional Advocate General submits, while taking this Court through the worksheet, that while allocating the female category reservation amongst BCMB, since all the 3 grama panchayats which were eligible for reservation of BCMB category, namely kuduvalli, Hiregouja and Bilekallahalli, female category was picked by a lottery system, in terms of clause VI of the guidelines.

(3.) Learned Additional Advocate General would submit that there are 47 grama panchayats in the Taluk. The Taluk has got 9 Scheduled Caste posts, 1 Scheduled Tribe, 10 BCMA, 3 BCMB and 24 General Category posts. However, most importantly it is pointed out that out of the 47 grama panchayats, 37 have no reservation of BCMB category. Therefore, it is submitted that when 3 posts of BCMB category are rotated amongst 10 grama panchayats, during the III or IV term, the category would be repeated. The learned Additional Advocate General would therefore submit that though the grama panchayat had the reservation of BCMB (Female) during the year 2010 (II term), threee turns thereafter the category is repeated and that is because of the factors above stated.