T. VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have assailed notification dated 23/08/2013 issued by respondent No.1 (Annexure "C") insofar as Town Panchayat, Kudligi, is concerned, which is at Sl.No.36 in the said notification.

(2.) According to the petitioners, they are elected members of the 3rd respondent Town Panchayat. Elections were held on 02/03/2013 and the results were declared on 8/03/2013. The Council comprises of 20 members out of which 13 are men and 7 are women. That pursuant to the Article 243-R of the Constitution, second respondent has issued notification dated 05/02/2013 which is at Annexure "A" stating elections could be held to the local bodies. Thereafter, notification dated 23/08/2013 was issued allotting the offices of the President and Vice-President to various bodies for the Seventh term pursuant to the election held to the local bodies by rotation. According to the petitioners as per the impugned notification, insofar as reservation to the post of President to the respondent- Town Pan-chayat is concerned, it is reserved for woman. The grievance of the petitioners is two fold. It is firstly stated that continuously for last two years, it is only a woman who has been elected as President of the Town Panchayat in view of the reservation made and secondly, insofar as the respondent-Town Panchayat, is concerned, both posts of President as well as Vice-President are reserved for woman in the present term. As far as the post of President is concerned, it is reserved for Backward Caste woman and insofar as post of Vice-President is concerned, it is reserved for General woman and that both the posts are simultaneously reserved for women. Under these circumstances petitioners contend that there is unequal representation and that the male members of the Town Municipal Council are unable to contest for the post of President and Vice-President in the present term is concerned. Therefore, they have assailed Annexure "C" notification reserving the post of President for BCA woman and the post of Vice-President for General woman as far as respondent-Town Panchayat is concerned.

(3.) These writ petitions were listed on several dates and I have heard the learned counsel for the petitioners and learned Additional Government Advocate for respondents 1 and 2.