C PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In a robust democracy, every election raises enough heat and dust. The recent Grama Panchayat election is no exception to this rule. A large number of petitions have poured into this Court. Some petitioners have challenged the Notification dated 25-5-2015 issued by the State Election Commission whereby the Election Commission has laid down guidelines for the Deputy Commissioners for reserving the seat of President (Adhyaksha) and Vice-President (Upadhyaksha) of Grama Panchayat for the Scheduled Caste ('SC' for short), Scheduled Tribe ('ST', for short), Other Backward Class Category 'A' ('OBC-A', for short), Other Backward Class Category 'B' ('OBC-B', for short), and for women. Other petitioners have challenged different notifications issued by the Deputy Commissioner (s) showing specific category wise reservation for the two posts of President and Vice-President of different Grama Panchayats. A list of Writ Petitions challenging different Orders passed by the Deputy Commissioners is attached with this judgment as Schedule-I. Still some other petitioners have challenged both the notification dated 25-5-2015 passed by the State Election Commission and the notification issued by the Deputy Commissioner. However, as identical legal issues have been raised and similar facts have been canvassed in all of these petitions, they are being decided by this common judgment.

(2.) The facts are being taken from C. Prakash and Others vs. The State of Karnataka by Its Secretary and Others (W.P.Nos.25693-97 and 25764-68 of 2015). According to the petitioners, the Grama Panchayat elections took place on 2-6-2015, and the election results were declared on 5-6-2015. All the petitioners in this petition were elected as members of the Chikkamudavadi Grama Panchayat. The said Grama Panchayat falls within the territorial limits of Kanakapura Taluk of Ramanagar District.

(3.) Mr. K. N. Subba Reddy, the learned Senior Counsel, has mainly confined his arguments to challenging the legality of the notification dated 25-5-2015 issued by the State Election Commission on the following grounds: firstly, wanting to fortify the Panchayat Raj in the country, in 1992, Part IX was inserted in the Constitution of India. While Art. 243 B of the Constitution of India speaks about the constitution of Panchayat in every State, Art. 243 C of the Constitution of India prescribes the Composition of the Panchayats. Most importantly, Art. 243 D of the Constitution of India not only makes it mandatory for the reservation of seats for the SC and ST communities, but also prescribes the extent and the manner in which reservation of the post of Chairperson has to be implemented. Sub-Article (4) of Art. 243 D lays down that "the offices of the Chairperson in the Panchayats at the Village level or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide." While the sub-Article sets up the number of seats of Chairpersons to be reserved for SC and ST on the pro-rata basis of the SC and ST population to the total population of the State, it prescribes at least 1/3 of the Seats of Chairpersons for women including the women of SC and ST communities. The 3rd proviso of the said sub-Article further lays down that "the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level." Thus, the said Article directs that the State should be taken as the unit for working out the reservation of posts for President and Vice-Presidents of Grama Panchayat. It further prescribes that such reservation should be done by rotation in different Grama Panchayats of the State.