SIDHARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE Petitioners are Members of Bilagi Town Panchayat. The Petitioners are aggrieved by the notification dated. 12-7-2004 vide No. UDD 51 MLR 2004 (P-3) in so far as it relates to the provision for the Posts of President and Vice President in Bilagi Town Panchayat in the ensuing elections scheduled for the year 2004. In the impugned Notification, the provision so far as bilagi Town Panchayat is concerned at Sl. No. 12, the post of President is earmarked for a woman candidate from general category and post of Vice President is not reserved in favour of any category, in the sense it is open to the General Category/ all persons.

(2.) THE grievance of the petitioners is in the context of similar provisions that had been made for these two posts in the earlier three elections in this Panchayat. The pattern of reservation during the four elections including the present election as notified under the Notification dated 12-7-2004 is as under. RESERVATION TO THE POST OF PRESIDENT AND VICE PRESIDENT IN BILAGI town PANCHAYAT SINCE 1996 year Post Category Post Category 1996 President Gen. (W) Vice. Pres. B. C. (A)1998 President S. C. (W) Vice. Pres. B. C. (A)2001 President General Vice. Pres. S. C. (W)2004 President Gen. (W) Vice. Pres. Gen.

(3.) THE grievance mainly is that while issuing the Notification, the requirement of Rule 13-A of the Karnataka Municipalities (President and Vice-President) Election (Amendment Rules) 2001 has not been followed; that in fact there is violation of the rule and further that post of President being earmarked for women candidates in general category virtually amounts to providing excess reservation in favour of women in general category over and above what has been provided for under Section 42 (2) (2-A) of the Karnataka Town Municipalities Act. It is on such grounds the notification in so far as it relates to Bilagi Town Panchayat is attacked as also any election that is to be held in pursuance of this Notification.