N A NAGENDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The facts in this petition are not in serious controversy since the same could be ascertained from the relevant Gazette Notifications published by the authorities The petitioner is a voter in the Mandal Panchayat Constituency of Thuruvanur in Chitradurga District. It is common ground that the electoral roll of Chitradurga Zilla Parishad Constituency is also the electoral roll for the Thuruvanur Mandal Panchayat Constituency under Section 9 of the Karnataka Zilla Parishads, Tatuka Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (in short the Act). It is also not in dispute that the petitioner was eligible to vote in the elections to the Mandal Panchayat and also to contest for the Mandal Panchayat from the said Constituency. The elections to the Mandal Panchayat for the first time were held after the Act came into force. The first Notification under Section 5(1) of the Act was issued by the State Government notifying the number of Members of each Mandal Panchayat in Chitradurga District on 6-6-1986 and was published on 11-6-1986, We are concerned with Thuruvanur Mandal Panchayat and the State Government under Section 5(1) of the Act had fixed the total number of seats for that Mandal Panchayat at 26. This notification is the foundation of the issue of the subsequent notifications by the Deputy Commissioner in exercise of the power conferred under Section 5(5) and the proviso to Section 5(2) and 5(4) of the Act. That notification, Annexure-A, was made on 28-7-1986 and published in the Karnataka Gazette on 30-7-1986. It is common ground that the petitioner is not aggrieved by this notification. The second notification issued by the Deputy Commissioner is a corrigendum to the first notification, Annexure A, is Annexure-B dated 19-11-86 and published in the Gazette dated 27-11-1986. The changes made by him in that notification should be noticed at this stage. As regards Thuruvanur-I Constituency the territorial limit was changed from House Nos. 1-238, 1222-1368A to House No. 1-238, 1322-A-1368A. The number of seats allotted was altered from 3 to 2. As regards Thuruvanur-2 Constituency there was no change in the territorial limit as also in the number of seats. In Thuruvanur- 3 Constituency, the house numbers were changed from House Nos. 48A-623A to House NO.481A-725 and the number of seats allotted was reduced from 3 to 1. In respect of Thuruvanur-4 Constituency, the territorial limit was changed from House Nos.570-949 to 726-823A and the total number of seats allotted was reduced from 3 to 1. The territorial limit of Thuruvanur-5 Constituency was changed from H.Nos. 950-1165:1A-127:1 to H.No. 570-957 but there was no change in the number of seats allotted. As regards Thuruvanur-6 Constituency, the territorial limit was changed from H.Nos. 70-110:1186-1319 to H.No. 1186-1261:70-110 and 1A-127-1 and the number of seats allotted was reduced from 3 to 2. The territorial limit of Thuruvanur-7 Constituency was changed from H.Nos-865-A. 1954:1-69 to 865A-1956A:1-69:957-1065 and 1264-1319 but no change was effected in the number of seats allotted. As regards Thuruvanur-8 Constituency, the territorial limit was changed from Kadabanakatte H.Nos. 6-127 to Kadabanakatte H.No. 6-108 but the number of seats remained the same. In Thuru-vanur-9 Constituency, the territorial limit was changed from Kadabanakatte H.Nos. 130-227 to Kadabanakatte H.No. 111-159 and 161-200, but the number of seats remained the same. As regards Thuruvanur-10 Constituency, the change in territorial limit was from Kadabanakatte H.No. 228-320 and Myasarahatti to Kadabanakatte H.No. 200A 320A and Myasarahatti and the number of seats was increased from 1 to 2. The territorial limits of Thuruvanur-11 Constituency remained the same, but the number of seats allotted was increased from 1 to 2. The territorial limits of Thuruvanur-11 Constituency remained the same, but the number of seats allotted was increased from, 1 to 2. The territorial limit of Thuruvanur-12 Constituency was changed from Bangarakkana-halli to Bangarakkariahalli Complete Village and Havalenahalli H.No. 1-20 and the number of seats allotted was increased from 1 to 3. As regards Thuruvanur-13 Constituency, the territorial limit was changed from Bogalerahatti Aavalenahalli to Bogalerahatti and Aavalenahalli H.No. 21-85 and the number of seats allotted was increased from 1 to 3. At Table II in the original notification at Annexure-A, Thuruvanur-1 to 6 Constituencies were the Constituencies in which seats were reserved for S.C. and S.T. and in each of these Constituencies one seat was given to S.C. and S.T. to make up a total of 6 for S.C. and S.T. candidates. But in Annexure-B, the reserved constituencies were altered as follows: Thuruvanur-2, 6, 7, 10, 12 and 13. The total number of seats reserved for S.C. and b.T. remained the same, i.e., 6, At Table III dealing with the reservation of seats and the constituencies for women, in the original notification at Annexure-A, the Constituencies in which seats were reserved for women were Thuruvanur-1 to 6 and one seat reserved for S.C. and S.T. woman was in Thuruvanur-7 Constituency. But, in Annexure B, the Constituencies in which seats were reserved for women were Thuruvanur-5, 7, 12 and 13 and the Constituency in which one seat was reserved for S.C. and S.T. women was Thuruvanur-11. The total number of seats reserved for women was 6 in Annexure-A, but the number was reduced to 4 in Annexure-B. Number of seats reserved for S.C. & S.T. women remained the same in both Annexures-A and B, but the Constituency was altered from Thuruvanur-7 to Thuruvanur-11.

(2.) It cannot be disputed that these changes were substantial changes allegedly made to remove the clerical errors or other errors committed by inadvertence. The territorial limits were altered considerably in a number of constituencies and the number of seats in regard to S.C. & S.T. and reserved for S.C. & S.T. women was also altered. This notification at Annexure-B which is impugned in this Writ Petition was again amended by a corrigendum notification at Annexure-'C' which bears no date. But, it was published in the Gazette dated 24-12-1986. The reasons for making this corrigendum are not given in the notification. What all it says is "This is also a corrigendum to the notification dated 27-11-1986." So, in this notification the territorial limits of Thuruvanur 8 to 10, 12 and 13 Constituencies are once again changed. Thuruvanur-8 Constituency was changed to Kadabanakatte H.No. 6 to 127 and number of seats allotted was increased to 2. Thuruvanur-9 Constituency was changed to Kadabanakatte H.No. 128-159. The territorial limit of Thuruvanur-10 Constituency and the number of seats allotted remain the same. In respect of Thuruvanur-12 Constituency the territorial limit was changed by deleting House No. 2 to 20 and the territorial limit of Thuruvanur-13 Constituency was altered to Bogalerahatti complex and by deleting Havalenahalli H.No. 21-85 and the number of seats was reduced to 2. There is no change in Table II. But the change brought about in Table III is that one more seat is added to Thuruvanur 8 Constituency as reserved for women. A further corrigendum was made by the Deputy Commissioner on 26-12-1986. This was published in the Gazette dated 24-12-1986. This discrepancy was explained by the learned Government Pleader in the return filed by him and I will consider the same at the appropriate stage. In this notification the change made was that the territorial limit of Thuruvanur-9 Constituency is corrected as "Kadabanakatte H.No. 123 to 159 and 161 to 200." After these notifications were published the election process commenced. The calendar of events was published on 30-12-1986 and the elections were held on 20-1-1987. Some of the results were announced earlier because there was no contest and the results of the elections of the contested seats were announced on 21-1-1987. The Writ Petition was filed on 6-4-1987, i.e., within 3 months after the announcement of the results.

(3.) So, on these facts' the first point for consideration is whether the petition has to be thrown out on the ground of laches. The petitioner has explained the delay in filing this petition on the following grounds: