MOHAMMED IBRAHIM S/O LATE IMAMUDDIN SHAIKH Vs. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT BY ITS SECRETARY AND OTHERS

JUDGEMENT

(1.) ALL the four writ appeals involve similar questions of fact and law, hence are heard together for common disposal.

(2.) THESE appeals pertain to the Municipal elections of Chikkaballapur City Municipality. The Election Commissioner is R -4 in both the appeals who issued notification dated 4.08.2007 for conducting elections to the local bodies including Chikkaballapur Municipality. The Government by notification dated 30.07.2007 issued notification regarding the roster pattern to be followed in the election to the various Municipalities as per Annexure -C. The calendar of events dated 04.08.2007 was stayed by this court on 7.8.2007. The Supreme Court in S.L.P. No. 14334/2007, in view of the undertaking of R -4 that elections would be held before 30.09.2007 stayed the stay order granted by this court in W.P. No. 12391/2007. The calendar of events dated 4.8.2007 virtually had became unworkable and infructuous, therefore R -4 issued calendar of events dated 4.9.2007. The date of filing of nomination commenced from 10.9.2007 and closing date for nomination is 17.9.2007. The Government issued a corrigendum at Annexure -A dated 3.9.2007 in effecting certain changes in the roster pattern for some of the wards in the various Municipalities including the elections for Chikkaballapur Municipality. Annexure -C notified Ward No. 4 as seat reserved for general (Woman) and Ward No. 23 was reserved for general category. The Government by corrigendum at Annexure -A interchanged the reservation making Ward No. 4 as general seat and Ward No. 23 as General (Woman). The corrigendum at Annexure A is made applicable for the purpose of receiving nominations. R -5 filed the writ petition challenging the corrigendum at Annexure -A dated 03.09.2007 as illegal and sought a direction that the elections to be held to Ward No. 4 and Ward No. 23 as per the roster published in Annexure -C.

(3.) SRI Jayakumar S. Patil, learned Senior Counsel for R -5 in W.A. No. 1718/2007 in support of the order of the learned single Judge submitted the following arguments -