CHELUVAMMA Vs. SECRETARY KARNATAKA STATE ELECTION COMMISSION BANGALORE

JUDGEMENT

(1.) THE petitioners, in these petitions, are the Councillors of the 4th respondent Dasarahalli Municipal Council.

(2.) ). In these petitions, they have prayed for quashing the notification dated 20th of December, 1995, a copy of which has been produced as Annexure-E, in so far as it relates to reservation of five seats to the Scheduled Castes in the State of Karnataka under Rule 13 of the Karnataka Municipalities (President and Vice-President) (Election) Rules, 1995 (hereinafter referred to as "the Rules"); and for quashing the notification dated 14th of August, 1998, a copy of which has been produced as Annexure-C; and also for a further direction to the second respondent to reserve the office of the President and Vice-President in the 4th respondent-Municipal Council to the reserved category as provided under sub-section (2a) of S. 42 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as "the Act" ).

(3.) A few facts that may be relevant for the disposal of these petitions, which are not in serious dispute, may be stated as hereunder : (a) The 4th respondent is a City Municipal Council. In all, there are 40 City Municipal Councils in the State. The 4th respondent-Municipal Council came to be constituted with effect from 17th of July, 1996. The second respondent, by means of notification Annexure-E dated 20th of December, 1995, initially allotted four seats each to the office of Adhyaksha and Upadhyaksha in the City Municipal Council when the total number of Municipalities as on that day being 33 to the member of Scheduled Castes; and thereafter, by means of notification dated 18th of May, 1996, it was enhanced to 5 each to the office of the President and Vice-President from four as, by then, the total number of City Municipalities in the State came to be enhanced to 40 as against 33.