V. VANAJA Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The prayer made by the petitioner in this writ petition is for quashing the impugned Notification bearing No. UDD 25 MLR 2016(2), Bangalore, dated 24-2-2016 issued by the respondent 1 insofar it relates to making reservation for the post of President and Vice-President of the 4th respondent-Municipality at SI. No. 9 vide Annexure-A and to direct the respondents to redo the list at SI. Nos. 7, 9, 19, 35, 50, 51, 62 and 111, in Annexure-A, dated 24-2-2016 and re-allot either President or Vice-President to the Scheduled Caste Woman Category at respondent 4-Municipality at SI. No. 9.

(2.) The learned Counsel for the petitioner submitted the that petitioner is the elected Councillor of respondent 4-Bagepalli Town Municipality. She belongs to SC Community and had won the election as Councillor under the category of Scheduled Caste Woman as per the elections results declared on 11-3-2013. The respondent 1 has published the notification for the allotment of the offices of the President and Vice-President to various categories for the Eight terms election in respect of Town Municipal Councils vide notification, without following the guidelines dated 5-2-2016 and in violation of Rule 13(5) of the Karnataka Municipalities (President and Vice-President) Election Rules, 1965 both the office of the President and Vice-President of a Town Municipal Council is reserved for woman which is illegal and violation and even in the eighth term of election the respondents 1 and 2 not yet reserved in favour of Scheduled Caste woman category for the office of the President or Vice-President. The petitioner being aggrieved by the action of the respondent in not reserving the post of President or Vice-President to Scheduled Caste woman in the petitioner's Town Municipal Council, has been constrained to approach this Court. Hence, he prays to allow the writ petition.

(3.) The learned Counsel for the respondents have submitted the that petitioner has prayed to quash the notification dated 24-2-2016 in No. UDD 25 MLR 2016(2), Bangalore insofar as the reservation of office of the President of the Bagepalii Town Municipal Council marked at Annexure-C issued by the respondent and to direct them to maintain the reservation for the Bagepalii Town Municipal Council in respect of President of the Municipality for SC Woman. It is submitted the thatre is no error in the Government allotting office of the President and Vice-President to various categories in respect of certain Town Municipal Councils under Rules 13 and 13-A of the Karnataka Municipalities (President and Vice-President) Election (Amendment) Rules, 2015 and guidelines issued vide Order No. UDD 25 MLR 2016(2), dated 5-2-2016.