N. MANJUNATH REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are all members of Kaiwara Grama Panchayath, Chinthamani Taluk, Chikkaballapura District. They are aggrieved of the impugned notification wherein the reservation for the post of the Adhyaksha is made for Scheduled Caste (Female).

(2.) Learned counsel for the petitioner submits that during the first term of the 2021 elections the post of Vice- president was reserved for Scheduled Tribe (Female) and the same has been now given to the post of President. It is further pointed out that in the Gram Panchayat there is only one member coming from the category of Scheduled Tribe and the same member was the Vice-president in the previous term, since reservation was given for Scheduled Tribe (Female) to the post of Vice-President. Now in view of the reservation of Scheduled Tribe (Women) given to the post of President, the very same member who was earlier the Vice-president will become eligible for contesting for the elections and since there is only one member coming from the community, she will be elected unanimously.

(3.) Learned Additional Advocate General appearing for the respondent No.3 - Deputy Commissioner cum Deputy Election Commissioner submits that the Deputy Commissioner has followed the guidelines issued by the State Election Commission which is in the form of Government Order dtd. 25/5/2023. Taking this Court through the work sheet, it is submitted that after allotting the reservation in the category of Scheduled Castes, when it came to the reservation of 4 posts of Scheduled Tribes, the Deputy Commissioner has considered the fact that out of the 4 posts reserved for Scheduled Tribe in the Taluk, 2 are required to be reserved for Women. In terms of the hierarchy, having regard to the total number of population of Scheduled Tribes and the previous reservations given, Mindigal Grama Panchayat was directly eligible for reservation of Scheduled Tribe category. Thereafter since Kaiwara, Santhekalahalli, Oolavadi, Masthenahalli and Hirekattigenahalli grams panchayats were equally eligible for reservation of Scheduled Caste posts, by way of a lottery Kaiwara, Santhekalahalli and Oolavadi were picked. Further since two posts were to be reserved for the women category, again by way of lottery Kaiwara and Mindigal were picked up for reservation of Schedule Tribe (Female) category. Learned Additional Advocate General would therefore submit that the Deputy Commissioner has followed the guidelines in its letter and spirit.