J. SHIVALINGE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is a member of Nagegowdana Doddi Grama Panchayat, Malavalli Taluk, is aggrieved of the impugned notification dtd. 14/6/2023, issued by the Deputy Commissioner-cum-District Election Officer.

(2.) Learned Senior Counsel Sri.D.R.Ravishankar, appearing for the petitioner submits that there is only one seat reserved for Scheduled Caste category in the Grama Panchayat and the reservation is now given to Scheduled Caste category. Learned Senior Counsel submits that earlier too, in the year 2005 (II term) reservation of Scheduled Caste category was given to the Grama Panchayat. On the other hand, reservation of BCM 'B' category is never given to the Grama Panchayat, till now. It is therefore sought to be submitted that the policy of rotation in reservation has not been complied with.

(3.) Learned Additional Advocate General would submit that in Malavalli Taluk there are 39 Grama Panchayats and 8 posts are reserved for Scheduled Caste, 9 posts for BCM 'A' and 2 posts for BCM 'B'. In terms of the guidelines issued by the State Election Commission, which is in the form of a Government Order dtd. 25/5/2023, the rotation in reservation shall commence from the Scheduled Caste category. In that view of the matter it is pointed out from the worksheet maintained by the Deputy Commissioner that after keeping away the Grama Panchayats which had received the reservation of Scheduled Caste category in the immediate past, the next set of 8 Grama Panchayats were identified and Nagegowdana Doddi Grama Panchayat was directly eligible for Scheduled Caste category, having regard to the number of posts assigned to the Grama Panchayats and the completion of the cycle. Moreover, it is submitted that in BCM 'B' category there are only 2 posts in the entire Taluk and therefore, it may take a longer time to complete the cycle and this is only in the 10th term of the election and having regard to the fact the only 2 posts are reserved for BCM 'B' category and there are 39 Grama Panchayats in the Taluk, it is possible that many of the Grama Panchayats have still not got the reservation of BCM 'B' category.