RAVI D. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are members of Thellanur Grama Panchayath of Kollegal Taluk, Chamarajanagar District. Their grievance is that in Thellanuru Gram Panchayat, which has got 5 posts of Scheduled Caste members, 3 are reserved for the female category and reservation for the post of Scheduled Caste has never been given to the post of Adhyaksha of the Gram Panchayat. It was pointed out that commencing from the year 1993, having regard to the population of the Scheduled Caste persons in the constituency, twice reservation for Scheduled Caste (Women) was given, in the year 2005 (I term) and 2010 (II term). This time again, the post of President is reserved for Scheduled Caste (Women). On the other hand, it is pointed from Singanallur constituency which has got 8 posts for Scheduled Caste, that 4 posts are reserved for Women, and commencing from 1993 the post of Adhyaksha was reserved for Scheduled Caste category in the year 2000, 2005 (II term), 2015 and this time again reservation is provided for Scheduled Caste category and never was the post reserved for Scheduled Caste (Women).

(2.) Statement of objections have been filed at the hands of the respondent - Deputy Commissioner, who is the Election authority to provide rotation and reservations in terms of the guidelines issued by the State Government and the State Election Commission. The learned Additional Advocate General submits that the process of rotation in reservation is now done through the computerized process known as GPPVP application and no human intervention is possible. Having regard to the said system, it is submitted that in terms of the guidelines which is in the form of a Government Order dtd. 25/5/2023, the first step towards the identification of the reservation and providing rotation to the reservation is to identify such of the constituencies which are eligible to have reservation of Scheduled Caste categories. Following the said procedure, the Deputy Commissioner found that Sattegala, Dhanagere, Kongarahalli, Singanalluru, Thellanuru, Mulluru and Kunapalli Gram Panchayat are eligible for reservation for Scheduled Caste in the Adhyaksha posts. Again going by the guidelines, 4 out of the 7 gram panchayaths were required to be selected for reservation to Women. It is submitted that since Thellanuru, Mulluru and Kunagalli were not reserved for Women in the previous term i.e. 2020 (I term), the reservations were provided as Scheduled Caste (Women) to these 3 gram panchayats. For the remaining one post of Women amongst the Scheduled Caste category, since Sattegala and Dhanagere grama panchayat have equal representation of women members in the scheduled caste category, the system of lottery was applied and the selection was made.

(3.) Learned Additional Advocate General submits that the provisions for rotation in reservation now being computerized and no human intervention is permissible, the petitioners cannot be permitted to make allegations that the guidelines governing the policy of rotation in reservation was not followed by the Deputy Commissioner. The learned Additional Advocate General seeks to place reliance on certain decisions of this Court to contend that provisions for reservations amongst categories for the Women cannot be construed as a separate category. They are required to be construed as gender reservation.