PARVATHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these matters the learned Addl . Government Advocate takes notice for the respondent State Government.

(2.) In all these writ petitions, the petitioners are challenging the notification dated 3.9.2018, issued by the respondent State Government, allotting the offices of the President and Vice-President of various categories, for the 9th term, in respect of the City Municipal Councils, under Rule 13 and 13-A of the Karnataka Municipalities (President and Vice- President) Election (Amendment) Rules, 2018, and guidelines issued vide order No.UDD 78 MLR 2018 dated 16.8.2018.

(3.) The learned Addl . Advocate General has brought to the notice of this Court the orders passed by a co-ordinate Bench in W.P.Nos.39966-967/2018 in the case of R.Girish and another vs. the State of Karnataka and another and W.P.Nos.44075-44094/2018 in the case of Mrs.Jayashree and others vs. State of Karnataka and another, which were decided on 9.10.2018. In both these batch of writ petitions, the co-ordinate bench, while referring to the decision in Smt.Latha and others vs. State of Karnataka and others, reported in, 2017 2 KarLJ 421, wherein it was held that this Court cannot entertain on merits and upon factual scrutiny of the reservations fixed categorywise in the election for the post of President and Vice-President, the impugned notification cannot be quashed as no mala fides are established on the part of the State to have fixed these reservations for any illegal purpose and the writ jurisdiction in the present cases is barred by Article 243-O of the Constitution of India and the writ petitions were therefore dismissed.