RAVINDRA NAYAK Vs. KARNATAKA STATE ELECTION COMMISSION

JUDGEMENT

(1.) In Writ Petition Nos.44499/2018, 50796/2018 & 53609-53611/2018, 54664/2018, 43519/2018 and 44520/2018, the petitioners challenge the notification dated 10.08.2018 issued by the respondent State stipulating the reservation for various Wards of the Mangaluru City Corporation in light of upcoming elections in March 2019.

(2.) The petitioners being aspirant candidates who intend to contest elections in various Wards contend that the notification dated 10.08.2018 is illegal and not in compliance with stipulations of the legislative enactment, the constitutional mandate as well as guidelines specifying reservation policy and matrix, issued on 02.02.2015 as per Government Order numbered G.O. No. [1] ("Guidelines").

(3.) It is contended that Article 243T of the Constitution of India mandates reservation of seats for Scheduled Castes and Scheduled Tribes in every Municipality (as defined under Article 243Q of the Constitution of India) and that these seats should be allotted by rotation to different constituencies in a Municipality. The Guidelines, it is submitted, have been passed consequent to the undertaking by the State of Karnataka to ensure conduct of elections in accordance with reservation and rotation made as per the Guidelines published prior to the election process pursuant to orders passed by this Court in A. Ramdas and others v. State of Karnataka, Department of Urban Development and Others reported in, 2001 ILR(Kar) 5354. The said Guidelines specify that they have been framed consequent to the official notification of the population Census of 2011 and guideline No.8 stipulates that there would be reservation and rotation across categories [being Scheduled Caste (SC), Scheduled Caste-Woman [SC(W)], Scheduled Tribe (ST), Scheduled Tribe Woman [ST(W)], Backward Class 'A' [BC(A)], Backward Class 'A' Woman [BC(A)(W)], Backward Class 'B' [BC(B)], Backward Class 'B' Woman [BC(B)(W)], General Woman [G(W)]. Further, guideline No.10 stipulates that to the extent practicable, repetition of the same category of reservation in a constituency shall be avoided between elections, in addition to various other stipulations and directions concerning the process of reservation and rotation.