ALTAF KHARORI MOHIDDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These intra Court appeals are filed by the original writ petitioners, assailing the impugned order passed by the learned Single Judge in W.P. No. 107977/2024 and W.P. No. 107601/2024, dtd. 9/4/2025.

(2.) The writ petitions were filed by the two petitioners who were elected as members of Bhatkal Town Municipal Council and Annigeri Town Municipal Council. Their grievance, in common, was that although the posts of the President of the respective Municipal Councils were reserved for SC (Woman) candidate in Bhatkal and ST (Woman) candidate in Annigeri, however, since no such candidate was available, the respective Deputy Commissioners issued notifications changing the reservation to SC candidate in Bhatkal and ST candidate in Annigeri.

(3.) Although the prayers in both the writ petitions were to quash the impugned notifications passed by the respective Deputy Commissioners, nevertheless it was argued before the learned Single Judge that the reservation of the post of President should be modified to accommodate Backward Classes candidates. Before this Court too, the learned counsel for the appellants had initially contended that if change could be made in favour of SC candidate and ST candidate respectively, it could also be done in favour of a candidate belonging to Backward Classes, since earlier the post was never reserved for Backward Classes. This submission was putforth, both before the learned Single Judge and before this Court, on the ground that rotation is mandated by the provisions of the Constitution of India as well as the provisions of the Act and the Rules. However, when this Court expressed its prima facie opinion that such a contention would militate the express provisions of the Constitution of India and the provisions of the Act and the Rules, the learned counsel submitted that if there was no other alternative, then the posts should be kept vacant.