C VELAYUDHAN Vs. KERALA STATE ELECTION COMMISSION THIRUVANANTHAPURAM

JUDGEMENT

(1.) The petitioner challenges the decision of the Election Commission in reserving the Office of Chairperson of Chittur - Thathamangalam Municipality to Scheduled Caste (Women).

(2.) The petitioner is the Councillor of ward No. 11 of the Municipality. It is pointed out that there are three categories of reservation, viz. Scheduled Caste, Scheduled Caste (Women) and Women (General). The principle of selection by rotation has been provided in the various sub-sections of S.10 of the Kerala Municipality Act.

(3.) The point raised by the petitioner is that reservation of office of Chairperson in favour of Scheduled Caste, Scheduled Caste (Women) and Women (General) must be taken as one unit vis - a - vis general quota. Once there is reservation for any of these categories, then in the next election it will be allotted to general quota. When the principle of rotation is adopted, then the same will be complete only if it is followed through the three different categories, viz. Scheduled Caste, Scheduled Caste (Women) and Women (General). In Chittur - Thathamangalam Municipality in 2000-2005 the Office of Chairperson was reserved for Scheduled Caste (Women), 2005-2010 it was general and now again in 2010-2015 it is reserved as Scheduled Caste (Women). It is pointed out that it should have been excluded for reservation as Scheduled Caste (Women) this time. The petitioner is a Scheduled Caste and therefore there was a fair chance of getting a reservation for Scheduled Caste (General). Various contentions have been detailed in the grounds of the writ petition also.