In the High Court of Karnataka at Bengaluru

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29 TH DAY OF JUNE 2015

BEFORE

THE HON’BLE MR.JUSTICE RAGHVENDRA.S CHAUHAN

Writ Petition Nos.25693-25697 & 25764-768/2015. c/w Writ Petition Nos.24504, 24631, 25083-25085, 25543- 25554, 25573-25574, 25576, 26042, 26065-26067, 26098, 26106, 26135, 25165-25167, 25568, 25612-25613, 25657, 25702, 25840, 25857-25861, 26068-26070, 26083, 26091, 26092-26094, 26119-26122, 26133-26134, 26261, 26348 & 26442-443, 26365-26366, 26382, 26389, 25258, 26111, 26682, 26311, 26647, 26648, 26655, 26672, 25698- 25699, 25856, 26147, 26572, 26683, 25700-25701, 26110, 26688, 26689, 26646, 26806-26810, 24900-901, 25690- 25691, 25215, 25717 and 25870 of 2015.

W.P.Nos.25693-697 & 25764-768/2015:

Between :

1. C.Prakash, S/o.L.Shivalingaiah, Aged 57 years, R/o Chikkamudavadi Village Kanakapura Taluk, Ramangar Dist.

2. Smt.Chikkammannamma, W/o.Krishna, Aged 35 years, R/o.Thimmegowdanadoddi, Byalalu Dakle, Kanakapura Taluk, Ramangar Dist.

3. Mahesh, S/o.Bhadre Gowda, Aged 33 years, R/o Bylalu Village Kanakapura Taluk,Ramangar Dist.

4. Prashanthkumar, S/o.Puttalingaiah, Aged 38 years, R/o Chikkamudavadi Village Kanakapura Taluk, Ramangar Dist.

5. Smt.Padmavathi, W/o.Shanbulingaiah, Aged 46 years, R/o.Chikkamudavadi Village Kanakapura Taluk, Ramangar Dist.

6. Y.Narasimha Murthy S/o.Vairamudi Gowda, Aged 30 years, R/o.Chikkenahalli Village Anajawadi Dakhle, Kanakapura Taluk, Ramangar Dist.

7. Munindra, S/o Kenche Gowda, Aged 39 years, Anajawadi Dakhle, R/o Chikkenahalli Village, Kanakapura Taluk, Ramangar Dist.

8. Smt.Sujatha.B. W/o Narayanaswamy, Aged 37 years, Anajawadi Dakhle, R/o Chikkenahalli Village, Kanakapura Taluk, Ramangar Dist.

9. Smt.Bhagyamma, W/o Doddarangappa, Aged 45 years, Anajawadi Dakhle, R/o Chikkenahalli Village, Kanakapura Taluk, Ramangar Dist.

10. Shivalingaiah, S/o Late Basavaiah, Aged 57 years, R/o Anajawadi, Kanakapura Taluk, Ramangar Dist. …Petitioners

(By Sri.M.R.Rajagopal, Advocate)

And :

1. The State of Karnataka, By its Secretary, Department of Rural Development & Panchayat Raj, Vikasa Soudha, Bangalore.

2. The State Election Commission, By its Commissioner, Sheshadri Road, Bangalore.

3. The Deputy Commissioner, Ramanagar District, Ramanagar.

4. The Tahsildar, Kanakapura Taluk, Kanakapura. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w.Sri.D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

****** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned Notification dated 12.6.2015 issued by the R-3 Dy.Commissioner and published in the Karnataka Gazette dated 17.6.2015 as per Annexure-D.

W.P.No.24504/2015

Between :

Indramma, W/o.Chandrashekaraiah, Aged 34 years, Member of Gram Panchayat, Doddagangavadi Gram Panchayat, Ramnagar Taluk & District. …Petitioner

(By Sri.L.Srinivasa Babu, Adv.,)

And :

1. State of Karnataka,

Rep. by the Principal, Secretary to Department of Rural Development and Panchayat Raj, M.S.Building, Dr.Ambedkar Veedhi, Bangalore.

2. The Deputy Commissioner, Ramanagar District, Ramanagar.

3. The Doddagangawadi Gram Panchayat, Doddagangawadi, Ramanagar Taluk, Ramanagar District, Represented by its Panchayat Development Officer. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

****** This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the reservation made to the post of President or Vice President in respect of respondent, Doddagangawadi Gram Panchayat, Ramanagar Taluk and District is concerned, vide Ann-F Prajavani news paper dated 10.6.2015.

W.P.No.24631/2015

Between :

B.C.Channigaramaiah, Aged 60 years, S/o.Late Chandrayappa, Belavatta Village, Kadaba Hobli, Gubbi Taluk, Tumakuru District. …Petitioner

(By Sri.Vinaya Keerthy.M., Adv.,)

And :

1. The Deputy Commissioner & District Election Officer, Tumakuru District,

Tumakuru.

2. Tahsildar & Taluk Election Officer, Gubbi Taluk, Tumakuru District. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

****** This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notification dated 5.5.2015 vide Ann-E issued by the R1.

W.P.Nos.25083-85/2015

Between :

1. Lakshmi, Aged 45 years, W/o.Nagaraju, R/a.Karadigudda Village, Marasnige Post, Mudigere Taluk, Chikkamagalur District.

2. Shakunthala, Aged 36 years, W/o.Ananth, R/a.Kandya Man, Karadigudda Village, Marasnige Post, Mudigere Taluk, Chikkamagalur District.

3. Cicilia Lobo, Aged 43 years, R/a.Loretto Estate, Yedurur Road, Hirebyle Post, Mudigere Taluk, Chikkamagalur District. …Petitioners

(By Sri.Vivek.S.Reddy, Sr.Counsel for Subba Reddy.K.N., Adv.,)

And :

1. State of Karnataka, Rep. by its Secretary, Department of Rural and Panchayat Raj, M.S.Building, Bangalore.

2. The Deputy Commissioner, Chikkamagalur District.

3. The Assistant Commissioner, Chikkamagalur District.

4. The Tahsildar, Mudigere Taluk, Chikkamagalur District.

5. Karnataka State Election Commission, Rep. by Chief Election Commissioner, No.8, 1 st Floor, KSCMF Building, Cunnigham Road, Bangalore. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

****** These petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notification issued by the respondents dated 8.6.2015 in so far as Taluk Panchayath, Mudigere Taluk, Chikkamagaluru District reserving the post of President to Cat-A (Women) General, vide Ann-A.

W.P.Nos.25543-25554/2015

Between :

1. T.C.Manjunath, S/o.Chikkachinnaiah, Aged 42 years, R/a.Manjunathanagara, Magadi Main Road, Tavarekere, Bangalore South Taluk,

Bangalore.

2. T.V.Anand, S/o.Late Venkataraimaiah, Aged 29 years, R/a.S.P.G.Layout, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore.

3. Govindaraju, S/o.Giriyappa, Aged 25 years, R/a.Ambedkar Veedhi, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore.

4. Yeshodha, W/o.Muniraju, Aged 30 years, R/o.Kuvempunagar, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore.

5. Ashwini, W/o.Nagesh.V. Aged 26 years, R/a.Meghala Beedi, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore.

6. Hemamalini, W/o.T.L.Kempegowda, Aged 28 years. R/a.Raaj Beedi, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore.

7. H.Ramaiah, S/o.Hanumantaiah, Aged 34 years, R/a.Raaj Beedi. Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore.

8. B.K.Prabha, W/o.T.G.Krishnamurthy, Aged 26 years, R/a.Orakeri Beedi, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore.

9. Siddaraju, S/o.Revanna, Aged 27 years, R/a.Orakeri Beedi, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore.

10. Mamatha, W/o.Gangaraju, Aged 24 years, R/a.Orakeri Beedi, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore.

11. Neelavathi, W/o.Gangaraju, R/a.S.P.G.Colony, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore.

12. Gangaraju, S/o.Hanumathaiah, Aged 43 years, R/a.S.P.G.Colony, Magadi Main Road, Tavarekere, Bangalore South Taluk, Bangalore. …Petitioners

(By Sri.T.Seshagiri Rao., Adv.,)

And :

1. Government of Karnataka, Department of Panchayatraj, And Rural Development, M.S.Building, Bangalore. Rep. by its Secretary.

2. State Election Commissioner, State of Karnataka, Cunningham Road, Adjacent to Chandrika Hotel, Bangalore.

3. The Deputy Commissioner, Bangalore Urban, K.G.Road, Bangalore.

4. The Addl. Deputy Commissioner, Bangalore Urban, K.G.Road, Bangalore.

5. The Asst. Commissioner, Bangalore South Taluk, Kandaya Bhavan, K.G.Road, Bangalore.

6. The Tahsildar, Bangalore South Taluk, Kandaya Bhavan, K.G.Road, Bangalore.

7. The Election Tahsildar, Bangalore South Taluk, D.C.Office Premises, Kandaya Bhavan, K.G.Road, Bangalore. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri.D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

****** These petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the Ann-2 one passed by the R3

dated 17.6.2015 relating to the post of President of Tavarekere Gram Panchayat found at Sl.No.1 of Ann-D.

W.P.Nos.25573-74/2015

Between :

1. Ranganath, S/o.Doddaiah, Age 43 years, Kalagala pet, Arakere Village & Post, S.R.Patna. Mandya Dist.

2. M.Suresh, S/o.Madaiah, Aged 43 years, R/a.Kalagala pet, Arakere Village & Post, S.R.Patna. Mandya Dist. …Petitioners

(By Sri.Shivaramu.H.C., Adv.,) And :

1. State of Karnataka, By its Secretary, Dep. of Rural Development and Panchayat Raj, M.S.Builduing, Ambedkar Veedhi, Bangalore.

2. Deputy Commissioner, Mandya Dist. Mandya.

3. Karnataka State Election Commission, Behind K.S.C.M.F.Building, No.8, 1 st Floor, Cunningham Road, Bangalore, By its Secretary.

4. Arakere Grama Panchayath, Arakere, S.R.Patna Taluk, Mandya Taluk, Tumkur Dist. By its Secretary. …Respondents

(By Sri.Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State,

Sri K.N.Phanindra, Advocate for State Election Commission)

****** These petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 11.6.2015 issued by the Dy.Commissioner Mandya vide Ann-G by issuing a writ in the nature of certiorari.

W.P.No.25576/2015

Between :

Kamalamma, W/o.Late Shivalingaiah, Age 46 years, R/o.Hosahalli Village, Holalagunda Post, Amruthuru Hobli, Kunigal Taluk, Tumkur Dist. …Petitioner

(By Sri.Mahesh.R.Uppin, Adv.,)

And :

1. State of Karnataka, By its Secretary, Dep. Of Rural Development and Panchayat Raj, M.S.Builduing, Ambedkar Veedhi, Bangalore.

2. Deputy Commissioner, Tumkur Dist. Mandya.

3. Karnataka State Election Commission, Behind K.S.C.M.F.Building, No.8, 1 st Floor, Cunningham Road, Bangalore, By its Secretary.

4. Kodagihalli Grama Panchayath, Amruthuru Hobli. Kunigal Taluk, Tumkur Dist. By its Secretary. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General,

a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri.K.N.Phanindra, Advocate for State Election Commission) ****** This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 17.6.2015 issued by the Dy.Commissioner, Tumkur vide Ann-D.

W.P.No.26042/2015

Between :

H.Y.Ramesh. S/o.Yellareddy, Aged 48 years, No.296, Handenahalli, Post & Village, Via Sarjapura, Anekal Taluk, Bangalore. …Petitioner

(By Smt.Sumana Baliga.M., Adv.,)

And :

1. The Deputy Commissioner, Bangalore Dist. Bangalore.

2. Karnataka State Election Commission, Behind K.S.C.M.F.Building, No.8, 1 st Floor, Cunningham Road, Bangalore,

3. Gram Panchayat, Handenahalli, Rep. by its Secretary, Handenahalli, Anekal Taluk, Banalore Dist.

4 State of Karnataka, By its Secretary, Dep. Of Rural Development and Panchayat Raj, M.S.Builduing, Ambedkar Veedhi, Bangalore. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission) ****** This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the reservation Matrix dated 15.6.2015 issued by the R1 vide Ann-E so far as Handenahalli Gram Panchayat is concerned.

W.P.Nos.26065-67/2015

Between :

1. M.R.Rajanna, S/o.Ramanna, Aged 37 years, R/a.Masthenhalli Village, Srinivasapura Taluk, Kolar Dist.

2. Venkat Reddy, S/o.Venkatappa, Aged 37 years, R/a.Gondahalli Village, Masthenhalli Panchayath, Srinivasapura Taluk, Kolar Dist.

3. B.V.Narayanaswami, S/o.R.Venkatesh Gowda, Aged 40 years, R/a.Bagallahalli Village, Masthenhalli Panchayath, Srinivasapura Taluk, Kolar Dist. …Petitioners

(By Sri.Y.R.Sadasiva Reddy, Sr.Counsel for Sri.DeepakJ.,Adv.,)

And :

1. State of Karnataka, By its Secretary, Dep. Of Rural Development and Panchayat Raj, M.S.Builduing, Ambedkar Veedhi,

Bangalore.

2. State Election Commission, Karnataka State Co-Operative Marketing Federation Building, Cunningham Road, Bangalore, Rep. by its Commissioner.

3.. The Deputy Commissioner, Kolar dist.

4. Bhairganahalli Gram Panchayat, Bhairganahalli, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

5. Koorigepalli Grama Panchayath, Koorigepalli, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

6. Yaramavarapalli Grama Panchayath, Yaramavarapalli, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

7. Mudhimmadagu Grama Panchayath, Mudhimmadagu, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

8. Royalpadu Grama Panchayath, Royalpadu, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

9. Addagalu Grama Pnchayath, Addagalu, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

10. Gownipalli Grama Panchayath, Gownipalli, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

11. Kodipalli Grama Panchayath, Kodipalli, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

12. Thadigola Grama Panchayath, Thadigola, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

13. Nelavanki Grama Panchayath, Nelavanki, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

14. Lakshmipura Grama Panchayath, Lakshmipura, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

15. Pulaguru Kote Grama Panchayath. Pulaguru, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

16. Sommayagipalli Grama Panchayath, Sommayagipalli, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

17. Ronooru Grama Panchayath, Ronnoru, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

18. Arrikunte Grama Panchayath, Arrikunte, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

19. G.Thimmasandra Grama Panchayath, G.Thimmasandra, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

20. Hodhali Grama Panchayath, Hodhali, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

21. Muthakapalli Grama Panchayath, Muthakapalli, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

22. Yeldur Grama Panchayath, Yeldur, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

23. Chaldiganahalli Grama Panchayath, Chaldiganhalli, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

24. Nubbenhalli Grama Panchayath, Nubbenhalli, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

25. Masthenhalli Grama Panchayath, Masthenhalli, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

26. Dalasanoor Grama Panchayath, Dalasanoor, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

27. Lakshmisagara Grama Panchayath, Lakshmisagara, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary.

28. Kollathuru Grama Panchayath, Kolathuru, Srinivasapura Taluk, Kolar Dist. Rep. by its Secretary. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

****** These petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the Special Gazette notification published on 25.5.2015 issued by the R2 vide Ann-C.

W.P.No.26098/2015

Between :

S.K.Prabhakara, S/o.D.H.Kempegowda, Age 35 years, Melkote Hobli, Pandavapura Taluk, Mandya Dist. …Petitioner

(By Sri.Shivaramu.H.C., & Mahesh.R.Uppin, Advs.,)

And :

1. State of Karnataka, By its Secretary, Dep. Of Rural Development and Panchayat Raj, M.S.Builduing, Ambedkar Veedhi, Bangalore.

2. The Deputy Commissioner, Mandya Dist. Mandya.

3. Karnataka State Election Commission, Behind K.S.C.M.F.Building, No.8, 1 st Floor, Cunningham Road, Bangalore, By its Secretary.

4. Sunkathonnur Grama Panchayat, Sunkathonnur Village & Post. Pandavapura Taluk, Mandya Dist. By its Secretary. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and

Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission) ****** This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 12.6.2015 issued by the Deputy Commissioner Mandya vide Ann-G.

W.P.No.26106/2015

Between :

T.M.Sathish. W/o.Nanjundaiah, Age 34 years, R/o.Tharedakuppe Village, Kunigal Taluk, Tumkur Dist. …Petitioner

(By Sri.Mahesh.R.Uppin, Adv.,)

And :

1. State of Karnataka, By its Secretary, Dep. Of Rural Development and Panchayat Raj, M.S.Builduing, Ambedkar Veedhi, Bangalore.

2. The Deputy Commissioner, Tumkur Dist. Tumkur.

3. Karnataka State Election Commission, Behind K.S.C.M.F.Building, No.8, 1 st Floor, Cunningham Road, Bangalore, By its Secretary.

4. Taredakuppe Grama Panchayat, Taredakuppe Village, Kunigal Taluk, Tumkur Dist. By its Secretary. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w.Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State,

Sri K.N.Phanindra, Advocate for State Election Commission)

****** This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 17.6.2015 issued by the Deputy Commissioner, Tumkur, vide Ann-D in so far as the R4 Panchayath is concerned.

W.P.No.26135/2015

Between :

K.Geetha, W/o.Shivarama, Age 28 years, R/o.Boralinganapalya, Bilidevalaya Post, Kasaba Hobli, Kunigal Taluk, Tumkur Dist. …Petitioner

(By Sri.R.B.Sadasivappa, Adv.,)

And :

1. State of Karnataka, By its Secretary, Panchayat Raj Department, M.S.Builduing, Bangalore.

2. Karnataka State Election Commission, K.R.Circle, Bangalore, By its Commissioner.

3. The Deputy Commissioner, Kunigal Taluk, Tumkur Dist. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

****** This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notification dated 13.6.2015

issued by the R3 vide Ann-C fixing the reservation for various fixing categories for the post of President and Vice President and in particular reference to Sl.No.6 i.e., for Bilidevalaya Grama Panchayath, Kasaba Hobli, Kunigal Taluk, Tumkur Dist.

W.P.Nos.25165-25167/2015:

BETWEEN:

1. Shilpa. W/o.Raghu.V. Member, Bintravalli Grama Panchayat, R/o.Ganesh Nagar, Post Kudaragundi Post, Koppa, Chikkamagalur Dist.

2. Saroja, W/o.Krishnamurthy, Aged 36 years, Member, Bintravalli Grama Panchayat, Pathamakki, Post Kudaragundi Post, Koppa, Chikkamagalur Dist.

3. Krishna.K.B. S/o.Babu Pujari. Aged 38 years, Member, Bintravalli Grama Panchayat, Mavinakatte House, Post Kudaragundi Post, Koppa, Chikkamagalur Dist. …Petitioners

(By Sri.Pruthvi Wodeyar, Adv.,)

AND:

1. State of Karnataka, Rural Development and Panchayat Raj Development, M.S.Building, Bangalore. Rep. by its Secretary.

2. State Election Commission, Karnataka State Co-Operative Marketing Federation Building, Cunningham Road, Bangalore. Rep. by its Commissioner.

3. The Deputy Commissioner, Chikkamagalur Dist.

4. Bintravalli Grama Panchayat, Balagadi, Koppa Taluk, Chikkmagalur Dist. By its Secretary.

5. Chavalamane Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

6. Hirekodige Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

7. Harandnur Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary. 8. Kesave Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

9. Bhandigadi Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

10. Shanuvalli Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

11. Niluvagilu Grama Panchayat,

Koppa Taluk, Chickmagalur Dist. By its Secretary.

12. Hariharapura Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

13. Asagodu Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

14. Koppa Rural Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

15. Maritotlu Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

16. Nuggi Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

17. Narasipura Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

18. Tuluvinakoppa Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

19. Bhuvankote Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

20. Jayapur Grama Panchayat, Koppa Taluk, Chickmagalur Dist.

By its Secretary.

21. Hiregade Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

22. Agalagandi Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

23. Guddetota Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

24. Herur Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary.

25. Attikodige Grama Panchayat, Koppa Taluk, Chickmagalur Dist. By its Secretary. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

******* These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash Ann-C dated 25.5.2015 issued by R3.

W.P.No.25568/2015

BETWEEN:

S.K.Kumar, S/o.Dodda Kariyappa, Aged 28 years, R/o.M.Siddarahatti, Nuggehalli Hobli, Channarayapatna Taluk,

Hassan Dist. …Petitioner

(By Ramesh.K.R., Adv.,)

AND:

1. State of Karnataka, Rep. by its Secretary, Dept of Rural Development And Panchayat Raj, Vidhana Soudha, Bangalore.

2. Deputy Commissioner, Hassan Dist, Hassan.

3. State Election Commission, No.8, 1 st Floor, Cunnigham Road, Bangalore. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission) ******* This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notification dated 12.6.2015 issued by the R2 at Ann-E in so far as it relates to the election of Adhyaksha of Thagaduru Grama Panchayat, Channarayapatna Taluk, Hassan Dist.

W.P.Nos.25612-613/2015

BETWEEN:

1. Anusooya. W/o.K.Siddaiah, Aged 57 years, Member, Kadakola Gram Panchayat, R/a.No.42, Harijana Beedi, Mantagahalli Village, Kasaba Hobli, Mysore Taluk, Mysore.

2. Chandramma,

W/o.Bheerayya, Aged 62 years, Member, Kadakola Gram Panchayat, R/a.No.262, Kadakola Village, Mysore Taluk, Mysore. …Petitioners

(By Sri.Ravi.K.H. Adv.,)

AND:

1. State of Karnataka, By its Secretary, Dept. of Panchayat Raj Dept & Rural Development, Vikas Soudha, Bangalore. 2. State Election Commission, Karnataka State Co-Operative Marketing Federation Building, Cunningham Road, Bangalore. By its Commissioner.

3. The Deputy Commissioner, Mysore Dist, Mysore.

4. Secretary, Kadakola Gram Panchayat, Kadakola Village, Mysore Taluk, Mysore Dist. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w. Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

***** These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 12.6.2015 at Ann-H issued by the R3.

W.P.No.25657/2015:

Between :

Mahabaleshwara, S/o Janardhana,

Aged about 39 years, Member Maruthipura Grama Panchayath Hosanagara Taluk Shivamogga Dist. …Petitioner

(By Sri G.N.Anantapadmanabha, Advocate)

And :

1. The State of Karnataka, By its Secretary to Government, Department of Rural Development & Panchayat Raj, M.S.Building, Bangalore.

2. The Deputy Commissioner, Shivamogga District, Basavanagudi, Shivamogga.

3. Maruthipura Grama Panchayath, Rep.by its Panchayat Development Officer, Maruthipura Village and Post, Hosanagara Taluk, Shivamogga Dist. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w.Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

******** This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that the reservation for the posts of Adhyaksha and Upadhyaksha of Maruthipura Grama Panchayat announced on 9.6.2015 in Sri.Vidhya Sangha Ranga Mandira, Hosanagara Taluk, at 3.00 p.m. which is published in the Special Gazette dated 9.6.2015 by the Dy.Commissioner of Shivamogga Dist., vide Ann-D as null and Void and not binding on this petitioner.

W.P.No.25702/2015:

Between :

Venkatesh @ Papanna S/o.late Papanna,

Aged about 37 years, R/at No.73, Lingapura Village, Kasaba Hobli, Anekal Taluk, Bangalore Dist. …Petitioner

(By Sri H.P.Leeladhar, Advocate)

And :

1. State of Karnataka, By its Chief Secretary Dr.B.R.Ambedkar Road, Vidhanasoudha, Bangalore.

2. The Chief Election Commissioner, Govt.of Karnataka Near Maharani’s College Circle Seshadri Road, Bangalore

3. The Under Secretary State Election Commission, Bangalore.

4. The Deputy Commissioner, Bangalore Urban Dist, Bangalore.

5. Haragadde Grama Panchayath Anekal Taluk, Bangalore District, Rep.By Panchayath Development Officer. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w.Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

******* This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the Notification issued by the R-2 under Annexure-A made by the R-4 so far as the petitioner’s panchayath viz., the Haragadde Grama Panchayath found at Sl.No.8 of Annexure-A.

W.P.No.25840/2015

BETWEEN:

Mahdevamma, W/o.Mahadev Nayaka, 46 years, R/a.Uthavalli village and post, Chamarajnagar Taluk & Dist. …Petitioner

(By Sri.T.A.Karumbaiah, Adv.,)

AND:

1. State of Karnataka, Panchayat Raj Dept, Vikas Soudha, Dr.B.R.Ambedkar Veedhi, Bangalore. Rep. by its Secretary,

2. The Deputy Commissioner, Chamarajangar Dist, Chamarajnagar.

3. Shivapura Gram Panchayat, Shivapura, Chamarajnagar, Taluk & Dist. Rep. by Panchayat Development Officer. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w.Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

***** This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash Ann-C the notification dated 10.6.2015 by the R2 and notified on 15.6.2015 at Ann-A at Sl.No.6 relates to the 3 rd Panchayat is concerned and issue a direction to R1 and 2 to allocate the post of Adhyaksha to schedule tribe Lady Category to the election to be held on 27.6.2015 or in the future date. W.P.Nos.25857-861/2015

BETWEEN:

1. Annaiah,

S/o.Late Dodda Gowda, Aged 57 years, R/a.Gidduvenapatna Village, Bindenahlli Post, Devalapura Hobli, Nagamangala Taluk, Mandya Dist.

2. B.K.Ramaswamy, S/o.Late Kanchegowda, Aged 46 years. R/a.Bheemanahalli Village, Devalapura Hobli, Nagamangala Taluk, Mandya Dist.

3. B.S.Mahesh Kumar, S/o.Late Siddegowda, Aged 42 years, R/a.G.Bommanahalli Village & Post, Devalapura Hobli, Nagamangala Taluk, Mandya Dist.

4. Chikkamma, W/o.Kemparaju, Aged 32 years, R/a.G.Bommanahalli Village & Post, Devalapura Hobli, Nagamangala Taluk, Mandya Dist.

5. Jogaiah, S/o.Late Boraiah, Aged 46 years, R/a.Madenatti Village, G.Bommanahalli Village & Post, Devalapura Hobli, Nagamangala Taluk, Mandya Dist. …Petitioners

(By Sri.Sangamesh.R.B, Adv.,)

AND:

1. State Election Commission of Karnataka, Sheshdari Road,

Bangalore, Rep. by its Commissioner.

2. The Deputy Commissioner, Mandya Dist, Mandya. …Respondents

(By Sri.Prof. Ravivarma Kumar, A.G. a/w.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanidra for State Election Commission)

****** These writ petitions are filed under articles 226 and 227 of the Constitution if India praying to quash the notification at Ann-B dated 12.6.2015 issued by R2 in so far as reserving the office of Adhyaksha for General Category in respect of Bheemanahalli Gram Panchayath, Namangala Taluk, Mandya Dist, is concerned which is provided at serial number 20 of Ann-B.

W.P.No.26068-70/2015:

Between :

1. Sri G.V.Ramesh S/o. Venkatesh Gowda Aged about 39 Years Gujjanahalli Village Mudiyanoor Post Mulabagilu Taluk Kolar District.

2. Srinivasa Gowda, S/o. Nache Gowda, Aged about 46 Years, R/at.Nichere Kunte, Koladevi Post, Mulabagilu Taluk, Kolar District.

3. Kamallama W/o. Venkataramappa Aged about 49 Years Mudiyanoor Village and Post Mulabagilu Taluk Kolar District. ...Petitioners

(By Sri.Y.R.Sadasiva Reddy, Senior Counsel for Sri.Deepak.J., Adv.)

And :

1. State of Karnataka, Department of Panchayat Raj And Rural Development By its Secretary Vidhana Soudha Bangalore.

2. State Election Commission, Karnataka State Cooperative Marketing Federation Building, Cunningham Road, Bangalore. Represented by its Commissioner.

3. The Deputy Commissioner, Kolar District.

4. Agara Grama Panchayath Agara Mulabagilu Taluk Kolar District-563127 Represented by its Secretary.

5. H.Golahalli Grama Panchayath H Golahalli Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

6. Gudipalli Grama Panchayath Gudipalli Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

7. Rajendrahalli Grama Panchayath Rajendrahalli Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

8. Hebbani Grama Panchayath

Hebbani Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

9. Mushtooru Grama Panchayath Mushtooru Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

10. Byrakuru grama panchayath Byrakuru Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

11. Amblikal Grama Panchayath Amblikal Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

12. Kurudamale Grama Panchayath Kurudamale Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

13. Mudiyanoor Grama Panchayath Mudiyanoor Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

14. Uthanuru Grama Panchayath Uthanuru Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

15. Kappalamadagu Grama Panchayath Kappalamadagu Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

16. Nangli Grama Panchayath Nangli Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

17. Mudhugere M Gadooru Grama Panchayath Mudhugere M Gadooru Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

18. Allangooru Grama Panchayath Allangooru Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

19. Hanumenahalli Grama Panchayath Hanumenahalli Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

20. Devarayasandra Grama Panchayath Devarayasandra Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

21. Gummakal Grama Panchayath Gummakal Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

22. Malanayakanahalli Grama Panchayath Malanayakanahalli Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

23. Yamanetha Grama Panchayath Yamanetha Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

24. Balla Grama Panchayath Balla Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

25. Avani Grama Panchayath Avani Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

26. Oorukunte Mitturu Grama Panchayath Oorukunte Mitturu Mulabagilu Taluk Kolar District-562102 Represented by its Secretary. 27. Mothakapalli Grama Panchayath Mothakapalli Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

28. Thayaloor Grama Panchayath Thayalooru Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

29. Thimmaravuthanahalli Grama Panchayath Thimmaravvuthanahalli Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

30. Dhoolapali Grama Panchayath Dhoolapali Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

31. Angondanahalli Grama Panchayath Angondanahalli Mulabagilu Taluk Kolar District-562102 Represented by its Secretary.

32. Sonnavadi Grama Panchayath Sonnavadi Mulabagilu Taluk Kolar District-562102 Represented by its Secretary. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanidra, Adv. for State Election Commission)

***** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash the special gazette notification published on 25.5.2015 issued by the r-2 vide Annexure-C, and etc.

W.P.No.26083/2015

BETWEEN:

Vishwanath, S/o.Nagaraja Reddy, Aged 31 years, R/a.Hosahalli, Sasalu Village. Doddaballapur Taluk, Bangalore Rural Dist. ...Petitioner

(By Sri.T.Seshagiri Rao, Adv.,)

AND:

1. The State of Karnataka, Dept of Panchayatraj and Rural Development, M.S.Building, Bangalore. Rep. by its Secretary.

2. State Election Commissioner, State of Karnataka, Cunnigham Road, Adjacent to Chandrika Hotel, Bangalore.

3. The Deputy Commissioner, Bangalore Rural,

Bangalore.

4. The Addl. Deputy Commissioner, Bangalore Rural, V.V.Tower, Bangalore.

5. The Asst. Deputy Commissioner, Doddaballapura Sub-Division, Taluk Office Building, Doddaballapura.

6. The Tahsildar, Doddaballapur, Taluk Office, Doddaballapur.

7. The Election Tahsildar, Doddaballapura, D.C.Office Premises, V.V.Tower, Bangalore. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w.Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

****** This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the Ann-D8 on passed by the R3 dated 18.6.2013 relating to the post of President of Hosahalli Gram Panchayath found at Sl.No.7 of Ann-D8 to the W.P.

W.P.No.26091/2015

BETWEEN:

Gangamma, W/o.Ningappa, Aged 45 years, R/o.Devarabelakere Post, Harihar Taluk, Davanagere Dist. …Petitioner

(By Sri.A.Hanumanthappa, Adv.,)

AND:

1. The State of Karnataka, Rep. by its Secretary, Dept of Rural Development & Panchayat Raj, (RDPR) Karnataka Govt, Secretariat, M.S.Building, Bangalore.

2. The State Election Commission In Karnataka, No.18, 1 st Floor, Cunningham Road, Bangalore.

3. The Deputy Commissioner, Davanagere Dist, Davanagere D.C.Office, Davanagere. …Respondents

(By Sri Prof.Ravivarma Kumar, Advocate General, a/w.Sri D.Nagaraj, AGA and Smt.Shwetha Kirshnappa, HCGP for State, Sri K.N.Phanindra, Advocate for State Election Commission)

******* This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the reservation made in favour of Devarabelekere Gram Panchayat for Adhyaksha in favour of BCM-A which is contrary to the Article 243-D and State Election Commission.44 of the Act vide Ann-D issued by the R3.

W.P.Nos.26092-26094/2015 :

Between :

1. Lakshminarayana Gowda G.V., Aged about 55 Years S/o. Late Venkataswamappa R/at. Gokhare, Binnamangala Devanahalli Taluk Bangalore Rural District.

2. M. Ramanjanaiah Aged about 59 Years S/o. M. Muddanna R/at. Yeliyur Village

Devanahalli Taluk Bangalore Rural District.

3. Y.M. Prabhakar Aged about 33 Years s/o. Muninarayanappa R/at Yeliyur Village Devanahalli Taluk Bangalore Rural District. ...Petitioners

(By Sri C.M. Nagabushana & Sri K.S. Uday, Advs.)

And :

1. State of Karnataka Department of Panchayat Raj And Rural Development M.S. Buildings Dr. B.R. Ambedkar Veedhi Bangalore Represented by its Secretary.

2. The Deputy Commissioner Bangalore Rural District Podium Block, V.V. Tower Bangalore.

3. State Election Commission Behind K.S.C.M.F. Building No.81, Cunningham Road Bangalore Represented by its Principal Secretary.

4. Yeliyur Grama Panchayat Yeliyr, Devanahalli Taluk Bangalore Rural District Represented by its Panchayat Development Officer.

5. Smt. Yeshodamma Aged about 60 years W/o. P. Anjinappa R/at Yeliyur Village Devanahalli Taluk Bangalore Rural District.

6. Smt. D. Shaila

Aged about 40 years W/o. Y.M. Ramesh R/at Yeliyur Village Devanahalli Taluk Bangalore Rural District.

7. Smt. T. Swetha Aged about 26 years W/o. Krishnappa R/at Yeliyur Village Devanahalli Taluk Bangalore Rural District.

8. Smt. Shoba Aged about 40 years W/o. Dhananjaya R/at Gokhare, Binnamangala Devanahalli Taluk Bangalore Rural District.

9. Smt. Ashwini Aged about 25 years W/o. Manjunath R/at Gokhare, Binnamangala Devanahalli Taluk Bangalore Rural District.

10. Smt. Roopa Aged about 30 years W/o. Anjinappa R/at Thammenahalli Devanahalli Taluk Bangalore Rural District.

11. Smt. Nethramma Aged about 25 years W/o. Munikrishnappa R/at Bommanahalli Devanahalli Taluk Bangalore Rural District. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri K.N. Phanindra, Adv. for State Election Commission)

*******

These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash the notification issued by the respondent No.2 at Annexure-B, and etc.

W.P.Nos.26119-26122/2015:

Between :

1. Sri.H.V.Mithun, S/o. Vijay H N Aged about 28 years Hangallu Village & Post Somwarpet Taluk Kodagu District.

2. Nathish Mandanna S/o H S Mandanna Aged about 36 years Chowdlu Village Matanalli Post Somwarpet Taluk Kodagu District.

3. Sri Surendra S. B. S/o. S S Belliappa Aged about 43 years Thakeri Village & Post Somwarpet Taluk Kodagu District.

4. Sri Biju S/o Late Mathew Aged about 42 years Mallur Village Nakoor Sringala Post Somwarpet Taluk Kodagu District. ...Petitioners

(By Sri.Chandrakanth R.Patel, Adv.)

And:

1. State of Karnataka Department of Panchayat Raj, and Rural Development, By its Secretary, Vidhana Soudha,

Bangalore-560 001

2. State Election Commission Karnataka State Cooperative Marketing Federation Building Cunningham Road Bangalore -01 Represented by its Commissioner.

3. The Deputy Commissioner Kodagu District.

4. Kodlipet Grama Panchayath Kodlipet, Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

5. Byadagotta Grama Panchayath Byadagotta Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

6. Besoor Grama Panchayath Besoor Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

7. Handli Grama Panchayath Handli Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

8. Shanivarsanth Grama Panchayath Shanivarsanth Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

9. Dhundalli Grama Panchayath Dhundalli Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

10. Nidtha grama panchayath Nidtha Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

11. Alooru Siddap Grama Panchayath Alooru Siddap Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

12. Gowdalli Grama Panchayath Gowdalli Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

13. Dhoddamalthe Grama Panchayath Dhoddamalthe Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

14. Shanthalli Grama Panchayath Shanthalli Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

15. Tholuru Shetta Grama Panchayath Tholuru Shetta Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

16. Bettadhalli Grama Panchayath Bettadhalli Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

17. Hanagallu Grama Panchayath Hanagallu Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

18. Chowdlu Grama Panchayath Chowdlu Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

19. Belooru Grama Panchayath Belooru Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

20. Kiragandhoor Grama Panchayath Kiragandhoor Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

21. Aigoor Grama Panchayath Aigoor Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary. 22. Nerugalale Grama Panchayath Nerugalale Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

23. Ganagoor Grama Panchayath Ganagoor Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

24. Nellihudikeri Grama Panchayath Nellihudikeri Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

25. Valnur Thyaga Grama Panchayath Valnur Thyaga Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

26. Nanjarayapatt Grama Panchayath Nanjarayapatt Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

27. Gudde Hosoor Grama Panchayath Gudde Hosoor Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

28. Koodige Grama Panchayath koodige Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

29. Koodu Mangal Grama Panchayath Koodu Mangal Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

30. Mullusoge Grama Panchayath Mullusoge Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

31. Hebbale Grama Panachayath Hebbale Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

32. Thorenoor Grama Panchayath Thorenoor Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

33. Shrirangala Grama Panchayath Shrirangala Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

34. Chettalli Grama Panchayath Chettalli Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

35. Kedhakal Grama Panchayath Kedhakal Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

36. Kodagaralli Grama Panchayath Kodagaralli Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

37. Kambibane Grama Panchayath Kambibane Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

38. 7TH Hosakote Grama Panchayath 7th Hosakote Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

39. Nakooru Shira Grama Panchayath Nakooru Shira Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

40. Suntikoppa Grama Panchayath Suntikoppa Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

41. Haradhoor Grama Panchayath Haradhoor Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

42. Madhapura Grama Panchayath Madhapura Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary.

43. Garvale Grama Panchayath Garvale Somwarpet Taluk Kodagu District-571 236 Represented by its Secretary. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri K.N. Phanindra, Adv. for State Election Commission)

****** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash Annexure-D dated 16.6.2015 issued by the respondent No.3.

W.P.Nos.26133-26134/2015:

Between :

1. Sri.Channaiah Aged about 42 years S/o. Channanjaiah R/at 311-D, Hanagoodu Hunasur Taluk Mysore District.

2. Smt. Pujashivananju Aged about 32 years W/o. Shivananju R/at. 304, Hanagoodu Hunasur Taluk Mysore District. ...Petitioners

(By Sri S.R.Krishna Kumar, Adv.)

And:

1. The State Election Commission By its Secretary

Department of Rural Development And Panchayath Raj M.S. Building Dr. Ambedkar Veedhi Bengaluru.

2. The State Election Commission No.1, Cunningham Road Bangalore.

3. The Deputy Commissioner Mysore Dist. Mysore.

4. Hanagoodu Grama Panchayat Hunsur Taluk Mysore District Represented by its Secretary. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri. D. Nagaraj A.G.A., Smt.Shwetha Krishnappa, H.C.G.P. for State Sri K.N. Phanidra, Adv. for State Election Commission)

****** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned notification at Annexure-E dated 13-6-2015 issued by the respondent No.3.

W.P.No.26261/2015:

Between :

Mr. N.S.Sudhakar, Aged about 43 years, S/o.Late N.B. Subbe Gowda, R/at. Niduvale Post & Village, Mudigere Taluk, Chikmagalur District-533177. …Petitioner (By Sri K.Shashikiran Shetty, Sr.Counsel for Smt.Latha Shetty, Advocate)

And :

1. The State of Karnataka, Represented by Principal Secretary,

Department of Rural Development & Panchayat Raj Vidhana Soudha, Bangalore-560001.

2. The Deputy Commissioner, Rural Development and Panchayat Raj, Chikmagalur District, Chikmagalur-577101. …Respondents

(By Sri.Prof.Ravivarma Kumar, A.G. a/w.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv., for State Election Commission)

****** This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to declare that the reservation in favour of Chairperson of the Panchayat, construed to be filled up by the elected members of that category along in view of Section 44 (2) of the Karnataka Panchayat Raj Act, 1993.

W.P.Nos.26348/2015 & 26442-443/2015

BETWEEN:

1. T.Yella Reddy, S/o.Govinda Reddy, Aged 42 years, No.71, Arasanal Post, Harapanahalli Taluk, Davanagere Dist.

2. T.Ananda Reddy, S/o.Vamadeva Reddy, Aged 34 years, No.71, Arasanal Post, Harapanahalli Taluk, Davanagere Dist.

3. K.Phakir Naik, S/o.Kubya Naik, Aged 40 years, Kunchurkere Thanda, Kunchur Post, Harapanahalli Taluk, Davanagere Dist. ….Petitioners

(By Sri.B.Sudhakar, Adv.,)

AND:

1. Deputy Commissioner, Karur Industrial Area, Davanagere Dist, Davanagere.

2. Kunchur Gram Panchayat, Kunchur Post, Harapanahalli Taluk, Davanagere.

3. Karnataka State Election Commission, K.S.C.M.F.Building, Ann.8, 1 st Floor, Cunnigham Road, Bangalore. …Respondents

(By Sri.Prof.Ravivarma Kumar, A.G. a/w.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv., for State Election Commission)

******* These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 16.6.2015 in so far as it relates to holding elections to the post of Adhyaksha and Upadhyaksha of the R2 Panchayat at Ann-D.

W.P.Nos.26365-366/2015

Between:

1. Sri.Bheemaiah S/o K.N. Changappa, Aged about 41 years, Guddehosur Village & Post, Somwarpet Taluk, Kodagu District.

2. Sri.Mustappa S/o.Mohammed, Aged about 48 years, 7th Hosakotte Village and Post, Somwarpet Taluk, Kodagu District ...Petitioners

(By Sri.Chandrakanth.R.Patel, Adv.)

And:

1. State of Karnataka Department of Panchayat Raj, and Rural Development, By its Secretary, Vidhana Soudha, Bangalore-560 001

2. State Election Commission Karnataka State Co Operative Marketing Federation Building, Cunningham Road, Bangalore -01 Represented by its Commissioner

3. The Deputy Commissioner Kodagu District

4. Kodlipet Grama Panchayath Kodlipet Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

5. Byadagotta Grama Panchayath Byadagotta Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

6. Besoor Grama Panchayath Besoor Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

7. Handli Grama Panchayath Handli Somwarpet Talu Kodagu District-571 236 Represented By Its Secretary

8. Shanivarsanth Grama Panchayath Shanivarsanth

Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

9. Dhundalli Grama Panchayath Dhundalli Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

10. Nidtha Grama Panchayath Nidtha Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

11. Alooru Siddap Grama Panchayath Alooru Siddap Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

12. Gowdalli Grama Panchayath Gowdalli Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

13. Dhoddamalthe Grama Panchayath Dhoddamalthe Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

14. Shanthalli Grama Panchayath Shanthalli Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

15. Tholuru Shetta Grama Panchayath Tholuru Shetta Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

16. Bettadhalli Grama Panchayath Bettadhalli Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

17. Hanagallu Grama Panchayath Hanagallu Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

18. Chowdlu Grama Panchayath Chowdlu Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

19. Belooru Grama Panchayath Belooru Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

20. Kiragandhoor Grama Panchayath Kiragandhoor Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

21. Aigoor Grama Panchayath Aigoor Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

22. Nerugalale Grama Panchayath Nerugalale Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

23. Ganagoor Grama Panchayath Ganagoor Somwarpet Taluk

Kodagu District-571 236 Represented By Its Secretary

24. Nellihudikeri Grama Panchayath Nellihudikeri Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

25. Valnur Thyaga Grama Panchayath Valnur Thyaga Somwarpet Taluk, Kodagu District-571 236 Represented By Its Secretary

26. Nanjarayapatt Grama Panchayath Nanjarayapatt Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

27. Gudde Hosoor Grama Panchayath Gudde Hosoor Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

28. Koodige Grama Panchayath Koodige Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

29. Koodu Mangal Grama Panchayath Koodu Mangal Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

30. Mullusoge Grama Panchayath Mullusoge Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

31. Hebbale Grama Panachayath Hebbale,Somwarpet Taluk

Kodagu District-571236 Rep By Its Secretary

32. Thorenoor Grama Panchayath Thorenoor, Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

33. Shrirangala Grama Panchayath Shrirangala, Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

34. Chettalli Grama Panchayath Chettalli, Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

35. Kedhakal Grama Panchayath Kedhakal, Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

36. Kodagaralli Grama Panchayath Kodagaralli, Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

37. Kambibane Grama Panchayath Kambibane, Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

38. 7TH Hosakote Grama Panchayath 7th Hosakote, Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

39. Nakooru Shira Grama Panchayath Nakooru Shira, Somwarpet Taluk Kodagu District-571236 Rep By Its Secretary

40. Suntikoppa Grama Panchayath Suntikoppa, Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

41. Haradhoor Grama Panchayath Haradhoor, Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

42. Madhapura Grama Panchayath Madhapura, Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary

43. Garvale Grama Panchayath Garvale, Somwarpet Taluk Kodagu District-571 236 Represented By Its Secretary. ...Respondents

(By Sri.Prof.Ravivarma Kumar, A.G. A/W.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. For State Sri.K.N.Phanindra, Adv., For State Election Commission)

***** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash Annexure-D dated 16.6.2015 issued by the R-3 and etc.

W.P.No.26382/2015:

Between :

Smt. Meenakshi, W/o. Ramachandra Reddy Aged 45 years, Mantappa Grama Panchayat Jigani Hobli, Anekal Taluk Bangalore Urban District. ...Petitioner

(By Sri.B.Ramesh, Adv.)

And:

1. The State Election Commission KSCMF Building, No.8, Cunningham Road Bengaluru,Represented by its Secretary.

2. The Deputy Commissioner Bangalore Urban District, Bangalore.

3. Mantapa Grama Panchayat

Anekal Taluk, Bangalore Urban District Represented by its Panchayath Development Officer.

4. Prescribed Officer Mantapa Grama Panchayat Anekal Taluk Bangalore Urban District. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission)

****** This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the 2015 Term President and Vice President Reservation Sheet, Taluk: Anekal in so far as Sl. No.13 Mantapa is concerned, vide Annexure-A dated 22-6-2015.

W.P.No.26389/ 2015

Between:

Sri.Sundaresh.A.C. S/o.A.T.Channappa Gowda, Aged About 51 Years, Jaipura Post, Koppa Taluk, Chikmagaluru District-577123 ...Petitioner

(By Sri.Gireesha Kodgi, Adv.)

And:

1. State of Karnataka, Rep By Its Principal Secretary, Rural Development and Panchayath Raj Department, M.S. Building,Ambedkar Road, Bengaluru-01.

2. Deputy Commissioner Chickmagalur District Chickmagaluru-577101.

3. State Election Commissioner. State Election Commission Office,

KSCMF Building, Annex, # 8, Cunningham Road, Bengaluru-52. …Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission)

****** This petition is filed under articles 226 and 227 of the Constitution of India praying to quash the notification dated 9.6.2015 vide ann-a issued by the r-2 and quash the publication dated nil, for reservation for the post of President and Vice President in Gram Panchayath in Koppa Taluk, Chikmagalur District for the year 2015 vide Ann-b issued by the R- 2 and etc.

W.P.No.25258/2015

Between :

Smt. Sannamma W/o. Govindappa Aged about 53 years R/o. Angadijogi Koppalu Birur Hobli and Post Kadur Taluk Chikkamangalur. …Petitioner

(By Sri Raja Subrahmanya Bhat B., Adv.)

And:

1. The State of Karnataka Represented by its Secretary Department of Rural Development and Panchayath Raj M.S. Building Bangalore 560001.

2. The Deputy Commissioner Chikkamagalur District.

3. The Assistant Commissioner Kadur Taluk Chikkamagalur District.

4. The Chief Executive and Panchayath Development Officer Hullihalli Village Panchayath Kadur Taluk Chikkamagalur District. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri K.N. Phanindra, Adv. for State Election Commission) ****** This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the annexure-A decision as per Sl.No.55 pertaining to Hulihalli Village Panchayat fixing the reservation for the year 2015, issued by the Deputy Commissioner, Chikkamagalur, as the same is violation to rotation system.

W.P.No.26111/2015

Between :

H.J. Prasanna Kumar, S/o. Jotheppa Age 38 years, # 119, Hennagara Village- 560105 Jigani Hobli, Anekal Taluk Bangalore Urban District. ... Petitioner

(By Smt. Sumana Baliga M., Adv.)

And:

1. The Deputy Commissioner Bangalore Urban District, Bangalore 560001.

2. Karnataka State Election Commission No.8, Cunningham Road, Bangalore 560052.

3. Gram Panchayat, Hennagara Represented by its Secretary Hennagara, Anekal Taluk, Bangalore Urban District.

4. State Of Karnataka Represented by its Secretary Rural development and

Panchayat Raj Department M S Building, Bangalore 560001. ... Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri K.N. Phanindra, Adv. for State Election Commission)

*****

This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the notification dated 25.5.2015 issued by the r-2 vide annexure-C so far as anekal taluk is concerned, and etc.

W.P.No.26682/ 2015

Between:

Smt.Kamalakshamma W/o.Sri Suresh Aged about 35 years, Occupation: Household, R/At B K Halli, Kariyala Post, Hiriyur Taluk, Chitradurga District-577511 ...Petitioner

(By Sri.Prasanna.V.R., Adv.)

And:

1. The State of Karnataka, Rep by its Secretary, Dept of Rural Devt & Panchayath Raj Vikasa Soudha, Bangalore-560001.

2. The Deputy Commissioner, Chitradurga District, Chitradurga-577501.

3. Kariyala Grama Panchayath, Rep By Its PDO, Kariyala, Hiriyur Taluk,

Chitradurga District-577511.

4. The Prescribed Officer, (Under Rule 3 Of Karnataka Grama Panchayath (Election Of Adhyaksha & Upadyaksha) Rules 1995, Kariyala Grama Panchayath, Kariyala, Hiriyur Taluk, Chitradurga District-577511.

5. The State Election Commission, Karnataka Bangalore, Rep By State Election Commissioner, KSCMF Building Annex, No.8, Cunningham Road Bangalore-52 ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri K.N. Phanindra, Adv. for State Election Commission)

****** This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 16.6.2015 issued by the R-2 in so far as reserving the psot of adhyaksha of the R-3 Grama Panchayath to the candidate elected from scheduled caste women category vide Ann-A and etc.

W.P.No 26311/ 2015

Between:

Chandrakumar.T. S/o.Thimmaiah. Aged about 39 years, R/o.Mellahalli Village, Varuna Hobli. Mysore Taluk & District. ...Petitioner

(By Sri.D.S.Hosmath, Adv. )

And:

1. The Deputy Commissioner, Mysuru District, Mysuru-57001.

2. The Election Commissioner, K.S.C.M.S Building, Cunningham Road, Bengaluru-560052.

3. Harohalli (Mellahalli Grama Panchayath, By Its Secretary (P.D.O), Mysore Taluk & District-570001. ... Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri K.N. Phanindra, Adv. for State Election Commission)

******* This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash notification dtd.12.6.2015 vide Annex-B issued by R-1 so far it relates to Harohalli [Mellahalli Grama Panchayat] is concerned and direct the respondents to reserve either post of President or the post of Vice-President to the category of Backward-A General or to restrict the period for half the term and etc.

W.P.No.26647/2015

Between:

R.Mallesh, S/o.Late Rangaiah, Aged about 38 years, Residing at S.V. Street, Mamballi-571442, Yelandur Taluk, Chamarajanagar District. ...Petitioner

(By Sri.Nishanth.A.V, Adv.)

And:

1. State Election Commission KSCMF Building, Annexe, No.8, Cunningham Road, Bengaluru-560052, Represented by its Secretary

2. The Deputy Commissioner Chamarajanagar District,

Chamarajanagar-571313

3. Mamballi Grama Panchayath Mamaballi-571442, Yelandur Taluk, Chamarajanagar District, Represented by its Panchayath Development Officer

4. Prescribed Officer for Election of Adhyaksha and Upa-Adhyakasha of Mamballi Grama Panchayath, Mamballi-571442, Yelandur Taluk, Chamarajanagar District. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri K.N. Phanindra, Adv. for State Election Commission) *****

This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the 2015 term President and Vice President reservation sheet, Taluk Yalandur in so far as Sl.No.11 Mamballi is concerned vide at Annex-A and etc.

W.P.No.26648/2015

Between :

Mr. M. Srinivas S/o. Late Mallaraju, Aged about 33 years R/at Janatha Block B R Hills-571 442 Yelandur Taluk Chamarajanagar District. …Petitioner

(By Sri. Nishanth A. V., Adv.)

And:

1. State Election Commission KSCMF Building No.,8, Cunningham Road Bengaluru-560 052

Represented by its Secretary.

2. The Deputy Commissioner Chamarajanagara District Chamarajanagar-571 313.

3. Biligiri Rangana Betta Grama Panchayath B R Hills-571 442 Yelandur Taluk Chamarajanagar district Represented by its Panchayath Development Officer.

4. Prescribed Officer for Election of Adhyakasha and Upa-Adhyaksha of Biligiri Rangana Betta Grama Panchayath B R Hills-571 442 Yelandur Taluk Chamarajanagar District. ... Respondents (By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri. D. Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission)

This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the 2015 Term President and Vice President Reservation Sheet, Taluk Yalandur in so far as Sl.No.8 Biligiri Rangana Betta is concerned vide at Annexure-A & etc.

W.P.No.26655/2015

Between :

Usha G G W/o. Balakrishna Aged about 30 years R/at Maraliga Grama Maraliga Grama Panchayath Maddur Taluk Mandya District 571 419. ...Petitioner

(By Sri.Sharath S. Gowda, Adv.)

And:

1. State of Karnataka Department of Panchayat Raj and Rural Development By its Secretary Vidhana Soudha Bangalore 560001.

2. State Election Commission Karnataka State Cooperative Marketing Federation Building Cunningham road Bangalore 01 Represented by its Commissioner.

3. The Deputy Commissioner & District Election Officer Mandya District Mandya 571 401.

4. Maralika Grama Panchayath Maddur Taluk Mandya District Pin Code 571 419. ... Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission)

***** This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the notification dated.9.6.2015 issued by the r-3 in so far as declaring reservation to the post of Adhyaksha to the category of schedule Caste [women] for the R-4 Grama Panchayath vide annexure-A and etc.

W.P.No.26672/2015

Between:

Smt.Lakshmi Devamma, W/o.Tirumalappa, Aged about 39 years, R/o.Venkatagiri Kote Village, Vijayapura Hobli, Devahalli Taluk, Bangalore Rural District. ...Petitioner

(By Sri.S.N.Aswathanarayan, Adv.)

And:

1. State Of Karnataka Represented By Its Secretary, Department Of Panchayat Raj, And Rural Development M S Building, Bangalore 560001

2. The Election Commissioner Karnataka State, Behind K S C M F Building, No.8, 1st Floor, Cunningham Road, Bangalore 560052

3. The Deputy Commissioner Bangalore Rural District , Bangalore. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission) ****** This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order vide Ann-D, the notification dated 16.6.2015 issued by the R-3 authority providing reservation to post of Adhyaksha, Grama Panchayat of Venkatagiri Kote, to S.C. Woman Category and direct the R-3 authority to modify the order vide Ann-D dated 16.6.2015 with respect to providing reservation to S.T. - Women to the post of Adhyaksha, Grama Panchayat of Venkatagiri Kote and etc.

W.P.Nos.25698-99/2015:

Between :

1. P.Nagesh S/o.Pillegowda, 40 years, Elected Member Kannamangalapalya Grama Panchayath Kasaba Hobli, Devanahalli Taluk.

2. N.Narayanaswamy,

S/o Nagappa, 58 years, Elected Member Kannamangalapalya Grama Panchayath Kasaba Hobli, Devanahalli Taluk. …Petitioners

(By Sri N.R.Naik, Advocate)

And :

1. State of Karnataka, By its Secretary, Panchayath Raj, Bangalore.

2. The Deputy Commissioner, Bangalore Rural Dist, Bangalore.

3. The State Election Commission, By its Secretary Karnataka state Co-operative Marketing Building, 1st Floor, No.8, Cunningham Rd., Bangalore.

4. The Secretary, Kannamangala Grama Panchayath Kasaba Hobli, Doddaballapur. …Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission)

***** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash and set aside the order dated 16.6.2015 issued by the R-2 based on election Notification vide Annexure-B.

W.P.No.25856/2015

Between:

Nataraj.H.P. S/o.Patalappa, Aged 58 years,

Elected Member, Hamam Ward, Shivapura Village, Konaghatta Grama Panchayat, Kasaba Hobli, Doddaballapura Taluk. …Petitioner

(By Sri.Naik.N.R.Adv.,)

And:

1. State of Karnataka, Rep. by its Secretary, Panchayat Raj, Vidhana Soudha, Bangalore.

2. The Deputy Commissioner, Bangalore Rural District, Bangalore.

3. The State Election Commission, By its Secretary, Karnataka Co-Operative Marketing Building 1st Floor, No.8, Cunningham, Road, Bangalore.

4. The Secretary, Konaghatta Grama Panchayat, Kasaba Hobli, Doddaballapur. …Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission)

******* This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash and set aside the order dated 18.6.2015 issued by the R2 based on election notification vide Ann-B.

W.P.No.26147/2015

Between:

Anand.D.P. S/o.Puttaiah, Aged 32 years, Elected Member, Dananayakahalli Grama,

Badenahalli Grama Panchayat, Belur Taluk, Hassan District. …Petitioner

(By Sri.Naik.N.R.,Adv.,)

And:

1. State of Karnataka, Rep. by its Secretary, Panchayat Raj, Vidhana Soudha, Bangalore.

2. The Deputy Commissioner, Hassan District, Hassan.

3. The State Election Commission, By its Secretary, Karnataka Co-Operative Marketing Building 1st Floor, No.8, Cunningham, Road, Bangalore.

4. The Secretary, Bantenahalli Grama Panchayat, Bantenahalli, Belur Taluk, Hassan Dist. …Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission) ****** This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash and set aside the notification issued by the Deputy Commissioner, Hassan District on 11.6.2015 fixing the reservation for Adhyaksha General category and for Upadhyaksha General female based on election notification vide Ann-B.

W.P.No.26572/2015

BETWEEN:

Sharadamma, W/o.Srinivasa, Aged 35 years, Member Grama Panchayat, Tuppadakona Constituency, Ramalingapura Grama Panchayat,

Sira Taluk, Tumkur Dist. …Petitioner

(By Sri.Hegde.V.S.,Adv.,)

And:

1. State Election Commission, Cunningham Road, Bangalore. Rep. by its Secretary.

2. The Deputy Commissioner, Tumkur Dist, Tumkur.

3. The Returning Officer, Ramalingapura Grama Panchayat, Sira Taluk, Tumkur Dist. …Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission) ******* This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R1 to hold the lections to Madenahalli I (General Lady and Scheduled Caste) and Madenahalli -2 (General Lady) of 35, Ramalingapura Grama Panchayat forthwith.

W.P.No.26683/2015

Between:

Janakamma, W/o.Srinivas, Aged 50 years, Household. R/a.Jyothinagar, Javanagondanahalli, Hiriyur Taluk, Chitradurga Dist. …Petitioner

(By Sri.Prasanna.V.R.,Adv.,)

And:

1. State of Karnataka, Rep. by its Secretary, Dep. Of Rural Dev. & Panchayat Raj, Vikasa Soudha, Bangalore.

2. The Deputy Commissioner,

Chitradurga Dist, Chitradurga.

3. Javanagondanahalli Grama Panchayat, Rep. by its PDO, Javanagondanahalli, Hiriyur Taluk, Chitradurga.

4. The Prescribed Officer, (Under Rule 3 of the Karnataka Grama Panchayath (Election of Adhyaksha and Upadhyaksha) Rules 1995. Javanahalli Grama Panchayath, Javanagondanahalli, Hiriyur Taluk, Chitradurga.

5. The State Election Commission, Karnataka, Bangalore, Rep. by State Election Commissioner., KSCMF Building, Ann-No.8, Cunnigham Road, Bangalore. …Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission) ******* This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 16.6.2015 issued by the R2 in so far as reserving the post of Adhyaksha of the R3 Grama Panchayat to the candidate elected from Scheduled Caste category vide Ann-A.

W.P.Nos.25700-701/2015

Between:

1. Sri.K.M.Ambareesh, S/o.Late Muniyappa, Aged about 33 years, Elected Member, Basahatti Grama Panchayath, Kasaba Hobli, Doddaballapur.

2. Smt.B.R.Radhamani, W/O Krishnamurthy, Aged About 45 Years Elected Member Basahatti Grama Panchayath Kasaba Hobli, Doddaballapur …Petitioners

(By Sri.Naik N R, Adv.)

And:

1. State of Karnataka, By Its Secretary, Panchayath Raj, Bangalore.

2. The Deputy Commissioner Bangalore Rural District, Bangalore.

3. The State Election Commission By Its Secretary. Karnataka State Co Operative Marketing Building, 1st Floor, No.8,Cunningham Road, Bangalore-560 052.

4. The Secretary, Basahatti Grama Panchayath, Kasaba Hobli, Doddaballapur. …Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission) ***** These petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash and set aside the order dated 18.6.2015 issued by the r-2 based on election notification vide Ann-B and etc.

W.P.No.26110/2015

Between:

M.Manjula, W/o.Ramesh Reddy, Aged about 43 years, Narayanaghatta, Muttnalluru-560 099, Post & Village, Via Sarjapura,Anekal Talu, Bangalore District. ... Petitioner

(By Smt.Sumana Baliga.M., Adv.,)

And:

1. The Deputy Commissioner Bangalore District, Bangalore-560 001

2. Karnataka State Election Commission No.8, Cunningham Road, Bangalore-560 052

3. Gram Panchayat, Handenahalli, Represented by its Secretary, Handenahalli-562 125. Anekal Taluk, Bangalore District

4. State of Karnataka, Represented by its Secretary, Rural Development And Panchayat Raj Department, M S Building, Bangalore-560 001. ...Respondents

W.P.No.26688/2015

Between:

Sri.K.Krishnamurthy, S/o.Late Kalappa, Aged About 58 Years, Residing At No.39/7, Kadabagere Post, Bangalore North Taluk, Bangalore 562 130. ...Petitioner

(By Sri.T.Seshagiri Rao, Adv.,)

And:

1. Government of Karnataka, Department of Panchayathraj and Rural Development

M S Building, Bangalore 560 001, Represented By Its Secretary.

2. State Election Commissioner, State of Karnataka, Cunningham Road, Adjacent To Chandrika Hotel, Bangalore 560052.

3. The Deputy Commissioner, Bangalore Urban, K G Road, Bangalore 560002.

4. The Additional Deputy Commissioner, Bangalore Urban, K G Road, Bangalore 560002.

5. The Assistant Commissioner, Bangalore North Taluk, Kandaya Bhavan, K G Road, Bangalore 560 002.

6. The Tahsildar, Bangalore North Taluk, Kandaya Bhavan, K G Road, Bangalore 560 002.

7. The Election Tahsildar, Bangalore North Taluk, D C Office Premises, K G Road, Bangalore 560002. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission) ***** This petition is filed under Articles 226 and 227 of the Constituion of India praying to quash of annex-f one passed by the R-3 dtd.24.6.2015 relating to the post of President of Kadabageree gram panchayath found at Sl.No.17 of Annex-F.

W.P.No.26689/2015

Between:

Mr.R.Venkategowda, S/o.Late R.C. Ramakrishnaiah, Aged About 45 Years,

R/A Reddihalli Village And Post, Devanahalli Taluk, Bengaluru Rural 562129 …Petitioner

(By Sri.Nishanth.A.V., Adv.,)

And:

1. State Election Commission, Kscmf Building, Annexe, No.8,Cunningham Road, Bengaluru 560052. Represented By Its Secretary.

2. The Deputy Commissioner Bengaluru Rural District, V.V. Tower, Bengaluru 560001.

3. Bettakote Grama Panchayath Bettakote 562110 Devanahalli Taluk, Bengaluru Rural District, Represented by its Panchayath Development Officer. 4. Prescribed Officer to the Election Of Adhyaksha And Upa-Adhyakasha Of Bettakote Grama Panchayath, Bettakote Grama Panchayath Bettakote 562110 Devanahalli Taluk, Bengaluru Rural District ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission) ******** This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dtd.16.6.2015 in so far as Sl.No.24-Bettakote Gram Panchayath is concerned vide Annex-A.

W.P.No 26646 Of 2015

Between:

Mr K Siddaraju, S/o.Late Kenchaiah, Aged about 38 years,R/At Thimmarajipura, Kempamapalya Post-571 440 Kollegal Taluk, Chamarajanagar District. ... Petitioner

(By Sri.Nishanth.A.V., Adv.,)

And:

1. State Election Commission, KSCMF Building,Annexe, No.8,Cunningham Road, Bengaluru-560 052. Represented By Its Secretary,

2. The Deputy Commissioner, Chamarajanagar District, Chamarajanagar-571 313.

3. Thimmarajipura Grama Panchayath, Thimmarajipur-571440 Kollegala Taluk, Chamarajanagar District Represented by its Panchayath Development Officer.

4. Prescribed Officer to the Election Of Adhyaksha And Upa-Adhyakasha Of Thimmarajipur Grama Panchayath Thimmarajipur-571 440 Kollegala Taluk Chamarajanagar District. …Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission) ***** This petition is filed under Articles 226 and 227 of the Constituion of India praying to quash the 2015 term President and Vice-President reservation sheet, taluk Kollegal in so far as Sl.No.35 Thimmarajipur Grama Panchayath is concerned, vide Anenx-A.

W.P.Nos.26806-26810/2015:

Between:

1. Subramanya.S.Rao, S/o.Swamy Rao B, Aged about 35 years R/at.Sonalle Head Post, Hosanagara Taluk, Shimoga-577 418.

2. Sri.Kalli Yogendra S/o.Krishna Naik, Aged about 42 years, R/a.Dombekoppa, Haratalu Post, Hosanagara Taluk, Shimoga-577 418

3. Sri.H.Shivananda, S/o.Holiyappa Gowda, Aged About 44 Years R/A Mavinakatte, Mumbaru Post, Hosanagara Taluk, Shimoga-577 418

4. Sri.Jai Prakash, S/o.Bacchaiya Shetty, Aged About 45 Years, R/A "Radhika" Koduru Head Post, Hosanagara Taluk, Shimoga-577 418

5. Sri.Subramanya V N S/o.Nagappa Adiga, Aged About 45 Years, R/A Kanivebhagilu, Haniya Post, Hosanagara Taluk, Shimoga-577 418. ...Petitioners

(By Sri.Vinayaka.B., Adv.,)

And:

1. State of Karnataka, Represented By Its Secretary, Department Of Rural Development & Panchayat Raj, Vidhanasoudha, Bengaluru-560 001

2. Karnataka State Election Commission Bengaluru,Represented By State Election Commission Cunningham Road, Bangalore-560 001

3. The Deputy Commissioner, Shivamogga District, Shivamogga. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission) *****

These petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notification dtd.9.6.2015 [vide Anenx-A] in so far it relates to hosanagara taluk.

W.P.Nos.24900-24901/2015

Between :

1. S.Venkatesh, S/o.M.Sonappa, Aged 48 years. Belluty Village, Malamachanahalli Post, Shidlagatta Taluk, Chickballapur Dist.

2. Shivashankarappa, S/o.Ulappa, Aged 45 years, Sagaturu Village. Jangamakotte Post, Shidlagatta Taluk, Chickballapur Dist. …Petitioners

(By Sri.Jayakumar.S.Patil, Sr.Adv., for Mahammed Tahir, Adv.,)

And :

1. State of Karnataka, By its Secretary, Panchayat Raj Department & Rural Development, By its Secretary, Vidhana Soudha, Bangalore.

2. Karnataka State Election Commission, K.R.Circle, Bangalore, By its Commissioner.

3. The Deputy Commissioner, Chickabalapur Dist.

4. Abludu Grama Panchayath, Abludu, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

5. Anur Grama Panchayath, Anur, Shidlagatta Taluk, Chickabalapura Dist.

Rep. by its Secretary.

6. Baktharahalli Grama Panchayath, Baktharahalli, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

7. Bashetnahalli Grama Panchayath, Bashetnahalli, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

8. Chimangala Grama Panchayath, Chimangala, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

9. Devaramaulur Grama Panchayath, Devaramaulur, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

10. Dibburahalli Grama Panchayath, Dibburahalli, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

11. Doddathekalahalli Grama Panchayath, Doddathekalahalli, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

12. Ganjigunta Grama Panchayath, Ganjigunta, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

13. Handiganala Grama Panchayath, Handiganala, Shidlagatta Taluk, Chickabalapura Dist.

Rep. by its Secretary.

14. Hospate Grama Panchayath, Hospate, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

15. Jangamakote Grama Panchayath, Jangamakote, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

16. Kothanur Grama Panchayath, Kothanur, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

17. Kumbiganahalli Grama Panchayath, Kumbiganahalli, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

18. Kundalagurki Grama Panchayath, Kundalagurki, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

19. Malamachanahalli Grama Panchayath, Malamachanahalli, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

20. Mallur Grama Panchayath, Mallur, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

21. Melur Grama Panchayath, Melur, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

22. Nagamangala Grama Panchayath, Nagamangala, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

23. Palicherlu Grama Panchayath, Palicherlu, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

24. S.Devaganahalli Grama Panchayath, S.Devaganahalli, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

25. Thammanahalli Grama Panchayath,

Thammanahalli, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

26. Thimmanayakanahalli Grama Panchayath, Thimmanayakanahalli, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

27. Thimmasandra Grama Panchayath, Thimmasandra, Shidlagatta Taluk, Chickabalapura Dist. Rep. by its Secretary.

28. G.Venkatapura Grama Panchayath Venkataikapura, Shidlagatta Taluk, Chickballapur Dist, Rep.by its Secretary.

29. Y.Hanasenahalli Grama Panchayath Y.Hansenahalli, Shidlagatta Taluk, Chickballapur Dist, Rep.by its Secretary.

30. Talakaayalabetta Grama Panchayath Talakaayalabetta Shidlagatta Taluk, Chickballapur Dist, Rep.by its Secretary. …Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission)

****** These petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the R-1 and 3 to allot the reservation for Scheduled Tribe or BCM-B category as per the rotation system as contemplated under Article 243D (5) of the Constitution of India.

W.P.Nos.25690-25691/2015:

Between :

1. Syed Afroz, S/o.Syed Muneer, Aged 31 years, Panchayath Member, Hulimangala Grama Panchayath, Hulimangala, Jigani Hobli, Anekal Taluk, Bangalore Urban Dist.

2. Mohammed Younus,

S/o.Mohammed Yousuf, Aged 45 years. Panchayath Member, Hulimangala Grama Panchayath, Hulimangala, Jigani Hobli, Anekal Taluk, Bangalore Urban Dist. …Petitioners

(By Sri.A.Shivarama, Adv.,)

And :

1. State of Karnataka, Represented by Secretary, Department of Rural Development & Panchayat Raj Vidhana Soudha, Bangalore-560001.

2. The State Election Commission, For the State of Karnataka, KSCMF Building Annex No.8, 1st Floor, Cunningham Road, Bangalore.

3. The Deputy Commissioner, Bangalore Urban Dist, Kandaya Bhavan, Kempegowda Road, Bangalore.

4. The Asst. Commissioner, Bangalore South Sub-Division, Bangalore.

5. The Panchayath Development Officer, Hulimangala Grama Panchayath, Hulimangala, Jigani Hobli, Anekal Taluk, Bangalore Urban Dist. …Respondents

(By Sri.Prof. Ravivarma Kumar, A.G. a/w.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanidra for State Election Commission) ***** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash the notification dated 25.5.2015 vide Ann-B so far as fixing the reservation for 28 Grama Panchayats of Anekal Taluk for the post of President and Vice President.

W.P.No.25215/2015:

Between:

Smt.K.Geetha, W/o.Nagaraj.H.N. Aged 38 years, Member of Gram Panchayat,

Hosuru Gram Panchayat, Gowribidanur Taluk, Chikballapur Dist. …Petitioner

(By Sri.L.Srinivasa Babu, Adv.,)

And:

1. State of Karnataka, Rep. by the Principal, Secretary to Dep. Of Rural Development and Panchayat Raj, M.S.Building, Dr.Ambedkar Road, Bangalore.

2. The Deputy Commissioner, Chickballapur Dist. Chickballapur.

3. The Hosuru Gram Panchayat, Hosuru, Gowribidanur Taluk, Chickballapur Dist. Rep. by its Panchayat Development Officer. …Respondents

(By Sri.Prof. Ravivarma Kumar, A.G. a/w.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanidra for State Election Commission) ****** This writ petition is filed under articles 226 and 227 of the Constitution if India praying to quash the reservation made to the post of President and Vice President in respect of respondent Hosuru Gram Panchayat, Gowribidanur Taluk, Chickballapur Dist., is concerned vide Ann-C.

W.P.No.25717/2015:

Between:

E.Rajappa, S/o Nayaka Erappa 48 years, Panchayath Member Doddabanahalli Grama Panchayath Resident of Konadasanapura Bidarahalli Hobli, Bangalore East Dist. ...Petitioner

(By Sri A.Shivarama, Adv.)

And:

1. State of Karnataka Rep.by Secretary, Dept. of Rural development & Panchayath Raj, Vidhana Soudha, Bangalore.

2. The State Election Commission, For the State of Karnataka, Cunningham Road, Bangalore.

3. The Deputy Commissiioner, Bangalore Urban Dist, Kandaya Bhavana, Kempegowda, Rd. Bangalore.

4. The Asst.Commissioner, Bangalore South Sub Division, Bangalore.

5. The Panchayath Development Officer, Doddabanahalli Grama Panchayath Doddabanahalli Bidarahalli Hobli, Bangalore east Taluk. …Respondents

(By Sri.Prof. Ravivarma Kumar, A.G. a/w.Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanidra for State Election Commission) ***** This writ petition is filed under articles 226 and 227 of the Constitution if India praying to quash Annexure-C dated 17.6.2015 which is the list prepared by the Dy.Commissioner, reserving the Categories for the post of President and Vice-President in 11 Grama Panchayaths of Bangalore East Tq.

W.P.No 25870/2015

Between:

Govindaraj, S/o.Chinnaswamy, Aged About 42 Years, Member, Gama Panchayat Marathalli, Kollegal Taluk, Chamarajanagar Dist 571440. …Petitioner

(By Sri.D.S.Hosmath, Adv.,)

And:

1. The State Election Commission, By its Secretary, K.S.C.M.S. Building, Cunningham Road, Bengaluru-560 052.

2. The Deputy Commissioner, Chamarajanagar Dist., Chamarajanagar 571440. Marthalli, Kollegal Taluk, Chamarajanagar Dist. 571440.

3. Marthalli Garama Panchayat, By Its Secretary (PDO) Marthalli, Kollegal Taluk, Chamarajanagar Dist.571440. ...Respondents

(By Sri Prof. Ravivarma Kumar, A.G. a/w. Sri.D.Nagaraj A.G.A., Smt. Shwetha Krishnappa, H.C.G.P. for State Sri.K.N.Phanindra, Adv. for State Election Commission)

******

This petition is filed under Articles 226 and 227 praying to quash the reservation sheet vide Ann-C issued by r-2 dated 11.6.2015 so far it relates to reserved of offices of adyaksha of R-3 panchayat to scheduel caste female.

These petitions being reserved for orders and coming on for

pronouncement this day, the court made the following:

J U D G M E N T

In a robust democracy, every election raises enough heat and dust. The recent Grama Panchayat election is no exception to this rule. A large number of petitions have poured into this Court. Some petitioners have challenged the

Notification dated 25-5-2015 issued by the State Election

Commission whereby the Election Commission has laid down guidelines for the Deputy Commissioners for reserving the seat of President ( Adhyaksha ) and Vice-President

(Upadhyaksha ) of Grama Panchayat for the Scheduled Caste

(‘SC’ for short), Scheduled Tribe (‘ST’, for short), Other

Backward Class—Category ‘A’ (‘OBC-A’, for short), Other

Backward Class—Category ‘B’ (‘OBC-B’, for short), and for women. Other petitioners have challenged different notifications issued by the Deputy Commissioner (s) showing specific category wise reservation for the two posts of

President and Vice-President of different Grama Panchayats.

A list of Writ Petitions challenging different Orders passed by the Deputy Commissioners is attached with this judgment as

Schedule-I. Still some other petitioners have challenged

both the notification dated 25-5-2015 passed by the State

Election Commission and the notification issued by the

Deputy Commissioner. However, as identical legal issues have been raised and similar facts have been canvassed in all of these petitions, they are being decided by this common judgment.

2. The facts are being taken from C. Prakash and

Others vs. The State of Karnataka by Its Secretary and

Others (W.P.Nos.25693-97 and 25764-68 of 2015).

According to the petitioners, the Grama Panchayat elections took place on 2-6-2015, and the election results were declared on 5-6-2015. All the petitioners in this petition were elected as members of the Chikkamudavadi Grama

Panchayat. The said Grama Panchayat falls within the territorial limits of Kanakapura Taluk of Ramanagar District.

On 25-5-2015, the State Election Commission issued a notification whereby it laid down the guidelines to be followed by the Deputy Commissioners in reserving the seats of

President and Vice-President for the Grama Panchayats.

Consequently, on 12-6-2015, the Deputy Commissioner and

District Election Officer, Ramanagar District issued a notification reserving the twin posts for different categories in different Grama Panchayats falling within the Kanakapura

Taluk. In all, forty-three Grama Panchayats fall within the

Kanakapura Taluk. Similar exercises were also carried out by different Deputy Commissioners functioning in other districts.

Since the petitioners are aggrieved either with the

Notification dated 25-5-2015 passed by the State Election

Commission, or by the notification issued by their Deputy

Commissioner, or by both, these petitions have been filed before this Court.

3. Mr. K. N. Subba Reddy, the learned Senior Counsel, has mainly confined his arguments to challenging the legality of the notification dated 25-5-2015 issued by the State

Election Commission on the following grounds: firstly, wanting to fortify the Panchayat Raj in the country, in 1992,

Part IX was inserted in the Constitution of India. While Art.

243 B of the Constitution of India speaks about the constitution of Panchayat in every State, Art. 243 C of the

Constitution of India prescribes the Composition of the

Panchayats. Most importantly, Art. 243 D of the Constitution of India not only makes it mandatory for the reservation of seats for the SC and ST communities, but also prescribes the extent and the manner in which reservation of the post of

Chairperson has to be implemented. Sub-Article (4) of Art.

243 D lays down that “the offices of the Chairperson in the

Panchayats at the Village level or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.” While the sub-Article sets up the number of seats of Chairpersons to be reserved for SC and ST on the pro-rata basis of the SC and ST population to the total population of the State, it prescribes at least 1/3 of the Seats of Chairpersons for women including the women of SC and

ST communities. The 3 rd proviso of the said sub-Article further lays down that “the number of offices reserved under this clause shall be allotted by rotation to different

Panchayats at each level.” Thus, the said Article directs that the State should be taken as the unit for working out the reservation of posts for President and Vice-Presidents of

Grama Panchayat. It further prescribes that such reservation should be done by rotation in different Grama Panchayats of the State.

Secondly, in consonance with Art. 243 D of the

Constitution of India, the Karnataka Legislature enacted the

Karnataka Panchayat Raj Act, 1993 (‘the Act’, for short).

Section 44 (2) of the Act is in consonance with Art. 243 D of the Constitution of India. The proviso to Section 44 (2) (c) also requires that “the offices reserved under this sub-section shall be allotted by rotation to different Grama Panchayats.”

The Explanation attached thereto further states that “for removal of doubts it is hereby declared the principle of rotation for purposes of reservation of offices under this section shall commence from the first election to be held after the commencement of the Karnataka Panchayat Raj

Act, 1993.”

Thirdly, both according to the Constitutional provisions and according to the statutory provisions the State is to be taken as a single unit. Further, reservation has to be allotted by rotation to different Grama Panchayats. Yet, in the impugned notification, the State Election Commission has taken the population of the ‘ Taluk ’ as the unit. Thus, the

State Election Commission has ignored the tenor of Art. 243

D (4) of the Constitution of India, and of Section 44 (2) of the Act.

4. Moreover, in the impugned notification, the State

Election Commission has invented an artificial method for extending the benefit of reservation to the Grama

Panchayats. According to this method, first the Grama

Panchayats would be reserved for the SC category. The

Grama Panchayats would be placed in descending order depending upon the number of members elected to a Grama

Panchayat from the SC category. Thus, those with the highest number of SC members would be placed at the top and those with lesser number would be arranged in a

descending order ad seriatim. However, according to the learned Senior Counsel this method would create a cluster of

Grama Panchayats. For, Grama Panchayats with higher number of members of SC category would be reserved, while

Grama Panchayats with less number of members of SC category, or with no member of the said category would be ignored. This method would prevent the rotation of reservation of seats to “the different Panchayats” of the State as warranted by Art. 243 D (4) of the Constitution of India, and Section 44 of the Act. Hence, the impugned notification is against the mandate of both the Constitution of India and the Act.

Fourthly, the creation of such an artificial method amounts to colorable exercise of power. It is also arbitrary exercise of power as it ignores the Constitutional and the statutory requirements.

Fifthly, by depriving the people of the benefit of reservation of post of President and Vice-President in different the Grama Panchayats, the impugned notification

plays fraud on the law. Therefore, the impugned notification is legally unsustainable. It deserves to be set aside.

5. On the other hand, while challenging the legality of the notifications issued by different Deputy Commissioners,

Mr. M. R. Rajagopal, the learned Counsel for the petitioners in the writ petition No. 26593-97/2015 and 25764-68/2015, and Mr. Jayakumar S. Patil, the learned Senior Counsel for the petitioners in W. P. 24900-901/2015, have raised the following contentions before this Court: firstly, rotation is not a jugglery of different categories of reservations, but has to be done in a cyclical manner in a particular order. According to the Explanation attached to Section 44 (2) of the Act, the rotation would begin from the first election held after the Act came into force. The rotation of categories would be in the order of SC, ST, OBC-A, OBC-B, Woman, and General.

Therefore, from 1993 till 2015, i.e. in the last seven elections

(excluding the present election of 2015), the categories must be rotated, in that particular order, through different Grama

Panchayats. However, the rotations are not being done by

the Deputy Commissioners in the correct order. For, while certain categories are being repeated, the posts of President or Vice-President for other categories are not being reserved.

The repetition of a particular category clearly shows that the rotation is not being done in the order it is supposed to be done. Moreover, the denial of reservation to certain other categories further proves that the principle of rotation in a particular order is being violated. Such a disregard for the rotational order is in violation of both Art. 243 D of the

Constitution and in violation of Section 44 (2) of the Act.

Therefore, the notifications issued by the Deputy

Commissioners which permit repetition of a particular category or deny reservation to a particular category should be set aside.

6. Elaborating this point further, Mr. Rajagopal has pleaded that since 1993, ten seats for the post of President have been reserved for the SC category in the Kanakapura

Taluk. Out of these ten seats, five have been reserved for women belonging to the SC community. Thus, while five

seats have been reserved for SC (Men), five seats have been reserved for SC (Women). Excluding the present election, there have been seven Grama Panchayat elections. Hence, so far as far as the seats for Men are concerned, they have had thirty five seats: 7x5=35 (Men); similarly, as far as the women seats are concerned, they too had thirty five seats: 7 x 5 = 35. Therefore, out of forty-three seats in the

Kanakapura Taluk so far only thirty-five seats have been reserved for the SC community. Hence, there is still eight

Grama Panchayats where the post of President needs to be reserved for the SC category. Since presently, there are ten seats reserved for the SC category, only two Grama

Panchayats would repeat the categories. But according to the notification issued by the Deputy Commissioner, there are four Grama Panchayats which have reservation for SC category for the post of President. Since there are more than two Grama Panchayats having repetition of SC category, it clearly shows that the rotation is not being implemented in accordance with the constitutional mandate or in accordance with Section 44 (2) of the Act.

Sixthly, according to the guidelines laid down in the

Notification dated 25-5-2015, once a seat has been reserved for a particular category in the previous term (election), the said seat should not be reserved for the same category in the present election. Thus, there should not be repetition of the same category. But the notification issued by the Deputy

Commissioner has flouted the said guidelines. For, the categories are being repeated. Hence, the notification issued by the Deputy Commissioner is in violation of the guidelines issued by the Election Commission. Therefore, it deserves to be set aside.

Seventhly, since the Deputy Commissioner has flouted the guidelines prescribed by the Election Commission, the

Deputy Commissioner has exercised his powers arbitrarily.

Hence, the impugned notifications issued by different Deputy

Commissioners should be interfered with.

7. Supporting the plea of Mr.M.R.Rajagopal, Ms.

Sumana Baliga, the learned Counsel in W. P. No.

26042/2015, has tried to elaborately explain the illegalities

committed by the Deputy Commissioner, in the notification dated 4-5-2015, while reserving the post of President and

Vice-President in the Grama Panchayats of Anekal Taluk in

Bengaluru Urban. According to the learned counsel she has intricately worked out the rotation for each Grama Panchayat of the Anekal Taluk. Annexure –H of the petition shows the different stages through which the rotation has to be calculated and implemented. Since the calculations made by the learned Counsel do not tally with the notification issued by the Deputy Commissioner, the latter is illegal. Hence, the impugned notification dated 4-5-2015 should be set aside.

8. Mr. A. Shivarama, the learned counsel for W. P. No.

25690-25691/2015, has further argued with regard to the

Anekal Taluk. According to the learned counsel, while 13

Grama Panchayats have been reserved for SC category for the post of President, 1 has been reserved for ST category.

But none have been reserved for the OBC-A or OBC-B categories. Therefore, the candidates belonging to the OBC-A and OBC-B are being deprived of their right to stand for the

post of President of the Grama Panchayat. Thus, according to him, the Deputy Commissioner has misapplied the

Notification dated 25-5-2015, and has ignored the letter and spirit of Art. 243 D of the Constitution of India and of Section

44(2) of the Act. Hence, the notification dated 4-5-2015 also deserves to be set aside.

9. Mr.Y.R.Sadashiva Reddy, the learned Senior

Counsel in W.P.No.26068-26070/2015, has raised three contentions before this court: firstly, according to Para 3,

Sub-Para (iv) of the Notification dated 25.05.2015, once a post was reserved for a particular category in the previous election, then it should not be repeated in the next election.

However, according to the reservation made by the Deputy

Commissioner, by notification dated 15.06.2015, in the

Mudiyanoor Grama Panchayat of Mulabagilu Taluk, Kolar

District the post of President was reserved for Scheduled

Caste women in the 2012 Elections, and even now in 2015 election the said post has been reserved for OBC-A Woman.

Therefore, for both the elections of 2012 and 2015, the said post is being reserved for woman.

Secondly, according to the notification dated

25.05.2015 passed by the Election Commission while deciding as to which Grama Panchayat is to be reserved for which category, the Grama Panchayat have to be listed in descending order depending upon the number of members of each category. However, while Kappalamadugu Grama

Panchayat has four members who were elected from the

OBC-A category, the post of the President has not been reserved for the OBC-A category. Instead, Alangur Grama

Panchayat, which had elected only one member from OBC-A category, the post of President in the said Grama Panchayat has been reserved for OBC-A (Woman) category. Therefore, even the descending order is not being followed by the

Deputy Commissioner.

Lastly, despite a sizeable population of Scheduled

Tribes in the Mudiyanooru Grama Panchayat, the post of

President has never been reserved for S.T. category.

Therefore, the right of the S.T. Community to have President of Grama Panchayat who belongs to their community is being violated. Hence, the notification issued by the Deputy

Commissioner dated 15.06.2015 should be set aside.

10. Mr. H. P. Leeladhar, the learned counsel in

W.P.No.25702/2015, has prayed that the Deputy

Commissioner should be directed to reserve the post of

President in Haragadde Grama Panchayat for the ST category as the petitioner happens to belong to that category.

According to him, from 1993 till 2012 in the Anekal Taluk which covers Haragadde Grama Panchayat, no reservation has ever been made for S.T. Category. Therefore, the rotation system is being violated by the Deputy

Commissioner.

11. Mr. K. N. Puttegowda, the learned counsel in

W.P.No.25726-25729/2015, has also challenged the order of the Deputy Commissioner ostensibly on the ground that despite the large population of Scheduled Tribe at Alathuru

Grama Panchayat falling under Gundlapet Taluk, the post of

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the President has been never reserved for Scheduled Tribe.

And on the other hand, in the Punjanura Grama Panchayat falling under Chamarajanagar, despite the low population belonging to the General Category, the post of President has been reserved for General Woman. In fact, considering the fact that Punjanura Grama Panchayat is dominated by S.T. population, the post of President should have been reserved for S. T. category. Therefore, the Deputy Commissioner has ignored the requirement of rotation of categories, has over looked the requirement of considering the population of each category, and thus has committed an illegality.

12. Harping on the plea that the rotation system has been violated, Mr. S. N. Aswathanarayan, the learned counsel in W.P.No.26672/2015, has claimed that in the

Venkatagirikote Grama Panchayat, twice the post of

President has been reserved for SC category, but it has never been reserved for ST category. Despite the fact that population of Scheduled Tribe is a large one, the claim of the

Scheduled Tribe community is being ignored. Even this time,

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the post of the President has been reserved for Schedule

Caste (Woman). Moreover, despite the fact that in the

Harohalli Grama Panchayath, a small population of S.T.

Community exists, but the post of President has been reserved for S.T. category in the Harohalli Grama Panchayat.

13. Mr. K. Shashikiran Shetty, the learned Senior counsel in W.P.No.26261/2015, has claimed that the post of the President should not have been reserved for SC category in Niduvale Grama Panchayat of Mudigere Taluk in the

Chickmagalur District for already twice the said post had gone to the members of SC category. Furthermore, in other

Grama Panchayats, namely at Grama Panchayat Samse,

Totadur, Marasanige, Niduvale, Koove, B.Hosahalli, Banakal and Bidarahalli no post of President has ever been reserved for SC category. This proves that the rotation is not been done in different Panchayats of the Mudigere Taluk. Hence, the notification dated 11.6.2015 passed by the Deputy

Commissioner should be set aside and direction should be given for passing fresh notification in consonance with

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notification dated 25.05.2015 passed by the Election

Commissioner.

14. Mr. T. Sheshagiri Rao, the learned counsel in

W.P.No.25543-55/ 2015, Mr.B.Sudhakar the learned counsel in W.P.No.26348/2015, Mr.Girish Kodgi the learned counsel in W.P.No.26389/2015, Mr.Prasanna V.R. the learned counsel in W.P.No.26682/2015 and in W.P.No.26683/2015 have echoed the arguments mentioned above with regard to violation of the rotation order committed by the Deputy

Commissioner. Therefore, their arguments are not being recorded again.

15. Mr. V. S. Hegde, the learned counsel in

W.P.No.26572/2015, has pleaded that in Sira Taluk, Tumkur

District, the elections at Madenahalli -1 and Madenahalli-2 falling in the Ramalingapura Grama Pachayath were not held on 2.6.2015 as the candidates who had filed their nomination had withdrawn their candidacy. Therefore, the elections in these villages were not even completed yet. So far, out of 21 seats, only 18 members have been elected. Therefore, the

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petitioner has prayed that prior to electing the President and the Vice-President of the Ramalingapura Grama Panchayat the election should be held in these two villages and therefore the election for the post of President and Vice-

President should be deferred till then.

16. On the other hand, Prof. Ravi Verma Kumar, the learned Advocate General, has replied to the constitutional issues raised by Mr. K. N. Subba Reddy. According to the learned Advocate General while interpreting the constitutional provisions, and while examining the impugned notification, one has to keep in mind the constitutional philosophy lying behind the introduction of Part-XI of the

Constitution of India. Not only alarmed by the weakness of the Panchayat Raj as a local self-government institution at the grass root level, but also concerned with the political impoverishment of the weaker sections of the society,

Parliament inserted Part-XI of the Constitution of India. In order to bring weaker sections of the society to the forefront of the decision making process, in order to infuse leadership

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qualities within the members of the weaker sections of the society, and in order to give them a voice in the political arena of their locality, Part-XI of the Constitution was enacted. Therefore, while interpreting Article 243 D of the

Constitution of India, and Section 44 (2) of the Act and while seeing the implementation of the spirit of these provisions in the impugned notification, one has to keep the purpose and aim of these provisions in mind.

Secondly, Article 243 D of the Constitution of India is an enabling provision which broadly lays down the principles to be followed while ensuring reservation for weaker sections of the society in the general election and in the election of

President and Vice-President. Except to lay down the principle that reservation should be rotated, it does not prescribe the mechanism through which proportional representation has to be given to the SC, ST and woman.

The mechanism in fact needs to be worked out by the State

Election Commission while keeping different factors in mind.

Therefore, while Article 243 D (4) of the Constitution of India

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leaves the reservation to be decided by the State Legislature,

Article 243 K of the Constitution of India bestows the superintendence, direction and control of the Panchayat election on the State Election Commission.

Thirdly, while considering the rotation of the reservation categories through different Panchayats, different factors are to be kept in mind by the Election Commission: the pro-rata population of the SC/ST community vis-à-vis the entire population of the State, the hierarchical order of the

Grama Panchayat arranged in the descending order according to the number of the members of each category in the Grama Panchayat, the upper limit of keeping the reservation at 50% percent, the creation of new Grama

Panchayats, the extent of reservation to be given to the

OBC-A and OBC-B categories, the representation to be given to women in different reserved categories. Therefore, the implementation of the rotation system cannot be done with mathematical precision. This self-contained limitation has been recognized by this High Court in the case of Lakshmi

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Devi v The Deputy Commissioner (W. P. No. 44458/2012 decided on 3-12-2012) and in the case of Smt. Rekha

Parashuram Kattimani v State of Karnataka

Represented by its secretary, RDPR Department [ILR

2009 KAR 3656]

Fourthly, while implementing the reservation scheme in the Grama Panchayat, the State is taken as a unit. But while implementing the scheme, the State would be too unwieldy a unit to work with. Since neither Art. 243 D of the

Constitution, nor Section 44 (2) of the Act prescribe the mechanism for implementing the reservation scheme in detail, a practical and convenient method had to be invented.

Therefore, while keeping the State as a unit on an overall basis, the Taluk has been taken as the basic unit for implementation of the reservation system. The Taluk has been chosen as the smallest unit as it is the small unit for revenue purposes. Furthermore, if the population of the

Taluk is taken as the unit, if the number of members is taken as a measure for implementing the reservation scheme, it

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works out easily at the State level. For the micro units all add up to the macro unit of the State. Thus, by taking the Taluk as a unit, by introducing the descending order in arranging the Grama Panchayat, neither the State, nor the Election

Commission is creating “a cluster of Grama Panchayat” contrary to the Constitutional and Statutory mandate.

Fifthly, the rotation system is an ongoing process.

While it rotates, it does eventually cover the different Grama

Panchayats. Therefore, it is incorrect to claim that by creating ‘clusters of Grama Panchayats’, other Grama

Panchayats are being ignored. Except raising a hypothetical argument, no evidence has been produced to buttress this plea by Mr. K. N. Subba Reddy. Hence, the abstract and the hypothetical interpretations given by Mr. K. N. Subba Reddy to the constitutional provisions are unsustainable.

Sixthly, relying on Sections 44 (1) and 45 of the Act, the learned Advocate General has argued that it is imperative that the President and Vice-President of the Grama

Panchayat have to be elected within one month of the

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declaration of general election results. Since the general election results were declared on 5-6-2015, the elections to the twin posts have to be completed by 5-7-2015. Thus, the

State and the Election Commission are running against time.

Relying on the case of Kishansing Tomar v Municipal

Corporation of Ahmedabad [( 2006) 8 SCC 352] and the case of Bharamraj S. Parmaj & Ors. V State of

Karnataka [ILR 2006 Kar 2896] , the learned Advocate

General has emphasized that the election to the Grama

Panchayat, including the election of the President and Vice-

President, has to be completed within the stipulated period established by law.

Seventhly, relying on the case of Nanhoo Mal and

Others v Hira Mal and Others [(1976) 3 SCC 211] , the learned Advocate General has pleaded that there is no room for the High Court to interfere in election process in exercise of its powers under Article 226 of the Constitution. For, the elections must be completed as soon as possible in order to keep democracy alive.

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Eighthly, relying on the case of Election Commission of India through Secretary v Ashok Kumar and Others

[(2008) 8 SCC 216] , the learned Advocate General has submitted that the court must guard against any attempt at retarding, interrupting, protracting or stalling of the election proceedings. The present petitions are, according to the learned Advocate General, nothing but clever ploys to interrupt and stall the election proceedings. Therefore, the petitions deserve to be dismissed.

17. On the other hand, Mr. K. N. Phanindra, the learned Counsel for the State Election Commission, has vehemently contended that the notification dated 25-5-2015 issued by the State Election Commission has been framed keeping in mind the Constitutional and the Statutory mandates. The notification lays down the factors and the methodology which needs to be used for implementing the reservation of posts of President and Vice-President of Grama

Panchayat. While defending the constitutional validity of the notification, Mr. Phanindra has echoed the arguments of Prof.

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Ravi Varma Kumar, the learned Advocate General. Therefore, they are not being reproduced here. But Mr. Phanindra has gone on to elaborately explain the methodology used by the

Election Commission for the purpose of reserving the twin posts of President and Vice-President of the Grama

Panchayat. This court shall illustrate the methodology while dealing with specific instances later in the judgment.

Secondly, according to Mr. Phanindra it is incorrect to say that merely because the reservation has to be rotated in different Panchayats, there should not be repetition of the categories. In fact, in the case of Lakshmi Devi (Supra) this

Court has clearly held that repetition is but natural keeping in view the number of posts reserved, in relation to the number of Grama Panchayats among which it is to be rotated. In order to explain the reason for repetition, the learned counsel has taken the example given by Mr.M.R.Rajagopal with regard to Kanakapura Taluk. According to Mr.K.N.Phanindra, there are forty-three Grama Panchayats in the Kanakapura

Taluk. Thus, there are forty-three seats of President in the

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Kanakapura Taluk. Even if for the sake of argument it is accepted that since 1993 ten seats were reserved for the SC community, with seven elections having occurred so far, seventy seats have been reserved for the SC community for the post of President. But there are only forty-three seats.

Thus, per force, there has to be repetition of SC category.

Hence, merely because there is repetition of categories would not make either the notification issued by the Election

Commission or by the Deputy Commissioners an illegal one.

Thirdly, it is incorrect to say that certain reserved categories are being ignored all together. For, while reserving the seats various factors have to be considered. Even if a particular category is not being given a seat in a particular

Grama Panchayat, or in a particular Taluk, it does not mean that the notification issued by the Election Commission, or by the Deputy Commissioner is unsustainable. Countering the argument of Mr. A Shivarama with regard to Anekal Taluk,

Mr. Phanindra has contended that there are twenty-eight seats in the Taluk. Out of twenty-eight seats, fourteen have

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to be kept for the reserved categories. Since thirteen were assigned to the SC category, and one for the ST category, none could be assigned to the OBC-A or OBC-B categories.

For, the law prescribes an upper limit of 50% of reservation out of the total number of seats available. In case reservation exceeds 50%, then according to Section 44 (2)

(b) of the Act the seats for OBC-A and OBC-B categories can be curtailed so as to keep the upper limit of reservation at

50%. In the case of Anekal Taluk, the reservations for SC and ST added up to 50%, therefore, there could not be any reservation made in favor of the OBC-A and OBC-B categories.

18. Replying to the contentions raised by

Mr.Y.R.Sadashiva Reddy, the learned Counsel for the Election

Commission has pleaded that the contentions raised by Mr.

Reddy are baseless. Firstly, admittedly in the Mudiyanoor

Grama Panchayat, in Mulabagilu Taluk, for the election of

2012, the post of President was reserved for SC (Woman), in the present election it has been reserved for OBC-A category.

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Obviously, both the categories are distinct. Merely because both the categories belong to women, it does not mean the same category is being repeated. Secondly, the overall purpose is to ensure that the reserved categories are given proportional representation in the Grama Panchayat.

Therefore, even if a Grama Panchayat with more members of a particular category is not given reservation for that particular category, it would not make the reservation invalid, for there are other factors which have to be considered. Thus, even if Kappalamadugu Grama Panchayat had four members elected from the OBC-A category, even then if the reservation has been given to the Alanur Grama

Panchayat, that, too, to the OBC-A (Woman) category, the reservation is a valid one. For, by giving reservation to the women of OBC-A category, two categories are being benefitted—the OBC-A and the Women categories. Thus, the reservation is a legal one. Thirdly, the reservation of a category cannot be judged by examining the nano level of the Grama Panchayat. It has to be seen at the macro level of the State. Thus, even if the Mudiyanooru Grama Panchayat

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has not been reserved for the ST community, it would not make the impugned notification illegal. For the ST community is being given their proportional representation throughout the State. In fact, none of the counsels for the petitioners have argued that a particular reserved category is not being given its proportional or adequate representation. Therefore, merely because a particular Grama Panchayat may not be reserved for a particular category, it would not make the notification issued by the Deputy Commissioner an illegal one.

19. While replying to Mr. K. Shashikaran Shetty, the learned Counsel for the Election Commission has argued that the data given by Mr. Shetty is incorrect. Although Mr. Shetty has argued that many Grama Panchayats have not been reserved for the SC category, but the said argument is belied by the data available in his own petition. Hence, his claim that rotation is not being implemented correctly is a baseless allegation.

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20. As far as the contention of Mr. V. S. Hegde is concerned with regard to the non-election of three members of Madenahalli-1 and Madenahalli-2, Mr.K.N.Phanindra has contended that according to Section 5 (7) of the Act, if two- thirds of the total number of members of any Grama

Panchayat have been elected, the Grama Panchayat is deemed to have been duly constituted under the Act. Since eighteen members out of twenty-one members have been elected in the Ramalingapura Grama Panchayat, notwithstanding the non-election from Madenahalli-1 and

Madenahalli-2, the Grama Panchayat is deemed to be constituted under the Act. Therefore, the Deputy

Commissioner was justified in declaring the election for the post of President and Vice-President. After all, the said election has to be completed by 5-7-2015.

21. Mr.K.N.Phanindra has also pleaded that the stand taken by Ms. Sumana Baliga is incorrect. Merely because her calculation does not tally with the decision of the Deputy

Commissioner, it would not make the notification issued by

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the Deputy Commissioner suspect. Further, Ms. Baliga has raised various disputed questions of facts. However, this court cannot go into complicated disputed questions of fact in its writ jurisdiction. Hence, her petition deserves to be dismissed.

22. Heard the learned counsels for the parties, examined the impugned notifications, and considered the case law cited at the Bar.

23. In order to better understand the controversy involved in this case, it would be fruitful to quote the relevant provisions of the law.

Art. 243 D of the Constitution is as under:

243 D. Reservation of seats .—(1) Seats shall be reserved for—

(a) the Scheduled Castes; and THE CONSTITUTION OF INDIA 108

(b) the Scheduled Tribes,

in every Panchayat and the number of seats so reserved shall bear, as nearly as may

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be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.

(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.

(4) The offices of the Chairpersons in the Panchayats at the village or any other level shall

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be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide:

Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State:

Provided further that not less than one- third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women:

Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.

(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for

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women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens.

Section 44 of the Act is as under:

44. Election of Adhyaksha and Upadhyaksha.- (1) Every Grama Panchayat 1 shall, [within one month from the date of publication of names of elected members under 1 2 sub-section (8) of section 5] , [or immediately before the expiry of term of office of Adhyaksha 2 and Upadhyksha] choose two members of the Grama Panchayat to be respectively Adhyaksha and Upadhyaksha. In the event of occurrence of any vacancy by reason of death, resignation, removal or otherwise in the office of Adhyaksha or Upadhyaksha, the Grama Panchayat shall choose another member to be the Adhyaksha or the Upadhyaksha, as the case may be.

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(2) Subject to the general or special order 1 1 of the [State Election Commission] , the Deputy Commissioner shall reserve,- (a) such number of offices of Adhyaksha and Upadhyaksha of Grama Panchayats in the State for the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of the offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State:

(b) such number of offices of Adhyakshas and Upadhyakshas of the Grama Panchayats, which shall as nearly as may be, one-third of the total number of offices of Adhyaksha and Upadhyaksha in the State for the persons belonging to the Backward Classes: (But the number of officers of Adhyakshas and Upadhyakshas reserved for the Backward Classes under this clause shall be so determined, that the total number of officers of Adhyaksha and Upadhyaksha reserved for the Scheduled Castes and the Scheduled Tribes

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under Clause (a) and the Backward classes under this clause shall not exceed fifty per cent of the total number of Adhyaksha and Upadhyaksha of the Gram Panchayats in the State;

Provided that out of the offices reserved under this clause eighty per cent of the total number of such offices shall be reserved for the persons falling under category A’ and the remaining twenty per cent of the offices shall be reserved for the persons falling under category ‘B’:

Provided further that if no person falling under category ‘A’ is available, the offices reserved for that category shall also be filled by the persons falling under category ‘B’ and Vice versa.

(c) not less than one third of the total number of offices of Adhyaksha and Upadhyaksha of Grama Panchayats in the State from each of the categories which are reserved for persons belonging to the Scheduled Castes, Scheduled Tribe and Backward Classes and of those which are non-reserved, for women;

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(subject to an overall limit of one-half of the total number rounding of next number.

Provided that the offices reserved under this sub-section shall be allotted by rotation to different Grama Panchayats.

Explanation.- For the removal of doubts it is hereby declared that the principle of rotation for purpose of reservation of offices under this section shall commence from the first election to be held after the commencement of the Karnataka Panchayat Raj Act, 1993.

24. In order to strengthen democracy at the grass root level, in order to give the common man a voice in his local affairs, in order to bring out weaker sections of the society from the twilight zone into the broad day light, in order to infuse political awareness into the peripheral sections of society, in order to realize the dream of political and social justice for all, Part XI was introduced into the Constitution of

India in 1992. Art. 243 D of the Constitution of India can be divided into three parts: the first part, covering clauses (1) to

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(3), deals with the General election of the Panchayat. Clause

(1) ensures proportional representation of the SC and ST communities in the Panchayats. Clause (2) further ensures that at least 1/3 of the seats reserved for the SC and ST categories are also reserved for women belonging to these two categories. Clause (3) further lays down that 1/3 of the total seats of the Panchayat, including the seats reserved for women belonging to SC and ST categories, should be reserved for women.

25. The second part is covered by Clause (4) which exclusively deals with reserving the office of the Chairpersons of the Panchayat for the SC and ST and women categories.

According to the said Clause it is for the State Legislature to decide the manner in which such reservation is to be carried out. The three provisos appended to Clause (4) merely provide some guidelines to the State Legislature while deciding the manner in which reservation for the post of

Chairperson needs to be carried out. According to the guidelines, contained in the first proviso, proportional

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representation has to be given to the SC and ST categories in the office of President of Panchayat. The proportion of reservation shall be based on the percentage of population of these communities to the entire population of the State.

Thus, for the overall purpose, the State should be taken as a unit. But interestingly, Clause (4) does not lay down the method of reservation. In fact, it leaves it to the wisdom of the State Legislature to prescribe the method. The second proviso makes it imperative that at least 1/3 of the offices of the President are reserved for women. The third proviso prescribes that “the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.”

26. The third part of Art. 243 D deals with the duration for which such reservation can be continued i.e. for seventy years. Clause (6) further empowers the State Legislature to provide for reservation of seats in any Panchayat or offices of

Chairpersons in the Panchayat in favor of the backward class of citizens. However, this clause does not prescribe

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proportional representation of the Backward Class of people, but only adequate representation of the said Class. Thus, the

OBC-A and the OBC-B categories stand on a different footing than the SC and ST and women categories. While for the first two categories proportional representation is prescribed, for the women category 1/3 of the seats are prescribed, there is no such prescription for the OBC-A and OBC-B categories.

27. Section 44 of the Act is in consonance with Art.

243 D of the Constitution of India. Clause (1) of this provision makes it essential that the President and the Vice-

President should be elected within one month of the date of announcement of the general election results.

28. Clause (2) of Section 44 of the Act, which is imperative for our purpose, prescribes that the Deputy

Commissioner shall reserve the posts of President and Vice-

President subject to the general or special order issued by the State Election Commission. Therefore, the Act has made the general or special order issued by the Election

Commission binding on the Deputy Commissioner. Moreover,

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since neither Art. 243 D of the Constitution of India, nor

Section 44 of the Act prescribes the exact method for determining which seats should be reserved, except to lay down that reservation should be done on rotational basis, it is for the State Election Commission to invent a method for the implementation of the reservation for the post of

President and Vice-President in the Grama Panchayat. In tune with Art. 243 D (4) of the Constitution of India, Section

44 (2) (a) lays down proportional representation to the SC and ST categories. But Section 44 (2) (b) of the Act goes a step further than Art. 243 D of the Constitution of India by prescribing that 1/3 of the total seats for the post of

President and Vice-President should also be reserved for the

Backward Classes. Moreover, 80% of the seats reserved for the Backward class should further be reserved for OBC-A and

20% for OBC-B categories. However, the said sub-clause also places an upper limit of 50% on the total reservation permissible under Section 44 (2) of the Act. Thus, the total reservation for SC, ST and OBC cannot exceed 50%. If need

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be, the percentage of OBC can be reduced in order to keep the total reservation at the cap of 50%.

29. Keeping in mind the need for reserving the post of

President and Vice-President for women, Clause (c) lays down that 50% of the posts should be kept reserved for women both in the reserved categories and in the unreserved category, i.e. in the general category. The proviso further provides that the reservation for the post of President and

Vice-President under Sub-section shall be allotted by rotation to different Grama Panchayat. Furthermore, according to the

Explanation appended to the Section, the principle of rotation for the purpose of reservation of offices shall commence from the first election to be held after the commencement of the

Act. Since the first election was held in 1993 itself, therefore, the rotation would begin from 1993 itself.

30. While examining the legality of the notification dated 25-5-2015 and of the notification issued by the Deputy

Commissioners, we would have to keep in mind the philosophy behind Part XI of the Constitution of India, the

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purpose of Art. 243 D of the Constitution of India, and the aim and object behind Section 44 of the Act. We also have to bear in mind that the ultimate responsibility for implementing the reservation of the posts of President and Vice-President, nay of reservation even in the general election of the

Panchayat, has been bestowed upon the State Election

Commission. Therefore, if the method invented by the

Election Commission achieves the purpose of Art. 243 D of the Constitution of India and of Section 44 of the Act, then it cannot be faulted. Furthermore, while examining the notification issued by the Deputy Commissioner we have to see if the notification also achieves the purpose behind Art.

243 D of the Constitution of India and behind Section 44 of the Act or not. In case it does, then the legal validity of the notification cannot be doubted. For, one has to look at the macro level of the State, the micro level of the Taluk, and not just at the atomic level of the Grama Panchayat.

31. The notification dated 25-5-2015 lays down certain guidelines to be followed by the Deputy Commissioners. It

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directs them to keep in mind the rotation system from the

1933 election and onwards, to keep the proportional representation of the SC and ST categories in mind, to keep the reservation at 50% of the total seats, to reduce the number of seats reserved for the OBC category in order to keep the reservation at a maximum of 50%, to keep 80% of the seats reserved for the OBC category for OBC-A and to keep 20% of the seats reserved for OBC for OBC-B category, to keep 50% of all the seats for reserved and unreserved categories for women.

32. According to the State Election Commission there are 6008 Grama Panchayat in the State. The number of posts to SC and ST is fixed based on the population of the Taluk.

Para 3 of the notification prescribes the method which shall be used for fixing the reservation to the post of President and

Vice-President of all Grama Panchayats in the Taluk as under:

“ 3. As per sub-section 2(a) of Section 44 of the Karnataka Panchayat Raj act, 1993, subject to

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the general or special order of the State Election Commission, the Deputy Commissioner shall reserve “such number Adhyaksha and Upadhyaksha posts of Grama Panchayats in the state for the Scheduled castes and Scheduled Tribes and the number of such posts bearing as nearly as may be the same proportion to the total number of posts in the state as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State.”

33. A bare perusal of this provision clearly reveals that it gives the order of reservation of posts, from SC to ST, to

OBC-A to OBC-B, to Unreserved (women), and unreserved category. This order is to be utilized for deciding the reservation of number of posts of President and Vice-

President. It further prescribes the mechanism for deciding which Grama Panchayat should have post of President reserved for the SC category. It utilizes the ‘descending order’ method to do so. The Grama Panchayat with the highest number of members of the SC category should be reserved first for the post of President, and the later on, the rest of the Grama Panchayat should be arranged in the

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descending order. But considering the fact that a category cannot be repeated twice in consecutive elections, Para (ii) clearly states that “Grama Panchayats which were earlier reserved for Scheduled Castes shall be excluded as detailed in para 2 of the preamble.” Therefore, although the repetition of categories is bound to happen, but the same category cannot be repeated twice in consecutive elections. Similar method is to be adopted while deciding the reservation of posts for ST, and women. The reservation for ST and women is again subject to the above mentioned restriction about not repeating the same category in consecutive elections. The notification further bars certain combinations while reserving the posts of both the President and the Vice-President. For, if such combinations of the two posts were allowed, it may make the reserved category too powerful for the Grama

Panchayat. Absolute power is likely to corrupt absolutely.

Hence, the restrictions on certain combinations of the twin posts. We need not analyze the rest of the notification as it does not concern the present controversy before this court.

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34. Mr. Subba Reddy has questioned the legality of the notification dated 25-5-2015 on the ground that while Art.

243 D of the Constitution of India, and Section 44 of the Act have made the State as a unit, the Election Commission was not justified in taking the Taluk as the unit. However, the said contention is a misplaced one. It overlooks the fact that neither the constitutional provision, nor the statutory provision spell out the method for implementing reservation for the post of President and Vice-President. Both the provisions merely pronounce the philosophy behind the reservation, and lay down a few guidelines. The entire working out of the scheme is left on the shoulders of the

Election Commission. It is, thus, for the Election Commission to work out the brass tack details about how to concretize and implement reservation for the twin posts of Grama

Panchayat. Considering the fact that to take the State as a single unit and to take the Grama Panchayat as a single unit would be too cumbersome, considering the fact that there are 6008 Grama Panchayats in the State, it was but natural to take the lowest unit of Revenue administration, which is

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the Taluk as the unit. Thus, taking of the Taluk as the unit is most reasonable. Moreover, it is not the case of the petitioners that by taking the population of the Taluk as a unit, the proportionality at the State level is disturbed. In fact, all the Taluks add up to the State level. Hence, the equation for implementing reservation works out to be at the

State level. Hence, the notification cannot be faulted for treating the Taluk as a unit.

35. Mr. Subba Reddy has also attacked the

‘descending order’ for choosing as to which Grama Panchayat should be reserved first for SC category. According to him such a method would create “clusters of Grama Panchayat”, and would not permit the benefit of reservation to be rotated to the different Panchayats as warranted both by Art. 243 D of the Constitution of India, and by Section 44 (2) of the Act.

However, even this contention is unsustainable. For the bare perusal of the Annexure attached with the notification dated

25-5-2015 clearly reveals that it includes all the Grama

Panchayats falling under all the Taluks of the State. Mr.

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Reddy has not been able to point out a single Grama

Panchayat which has been ignored while extending the benefit of reservation at the Grama Panchayat level. Hence, his plea is too hypothetical to be accepted. For, such a submission is not buttressed by any data or evidence.

Therefore the invention of the method by the Election

Commission, as spelt out in the impugned notification dated

25-5-2015 cannot be faulted. As noticed above, the notification is in consonance with the letter and spirit of Art.

243 D of the Constitution of India, and of Section 44 (2) of the Act. Since it merely creates a mechanism for implementing the constitutional and statutory provisions it is neither a colorable exercise of power, nor arbitrary in scope.

Hence, the contentions raised by Mr. Subba Reddy are unacceptable. The notification dated 25-5-2015 is valid, indeed.

36. According to the Webster’s Third New International

Dictionary, the word “rotation” means “one complete turn: the angular displacement required to return a rotating body

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or figure to its original orientation; return or succession in a series; the action of placing in succession in a series.” But according to the learned counsels for the petitioners the rotation must follow a particular order, i.e. SC, ST, OBC-A,

OBC-B, Unreserved (Women). According to them, this serial order cannot be violated. If it is violated, the notification issued by the Deputy Commissioners would be illegal.

Harping on this argument, different counsels have tried to point out specific instances where this serial order has been ignored.

37. Although at first blush the argument sounds impressive, but a deeper examination exposes flaws in the argument. Firstly, the said series of categories have been spelt out in Para 3 (i) of the notification dated 25-5-2015.

The said order is to be taken into account for working out reserving posts to different categories. However, Para 3(i) cannot be read in isolation. While the posts are to be reserved in this order, but other factors equally mentioned in the notification would necessarily have to be kept in mind: i)

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the population of SC and ST in the Taluk, ii) their percentage to the entire population of the Taluk, iii) the descending order of the Grama Panchayat with regard to the number of members elected from a particular category, iv) the fact whether the seat of the President was reserved for the particular category in the previous election or not; v) certain combinations of the posts of President and Vice-President, which are barred by the notification; vi) the maximum cap in case of women; vii) the maximum cap in case of reservation as such—this would also include the reduction in number of seats to be reserved for OBC-A and OBC-B categories.

Therefore, while trying to reserve the post of President of a

Grama Panchayat, the Deputy Commissioner must balance the above named factors. Hence, neither the repetition can be avoided, nor the non-inclusion of a particular category be ruled out. Therefore, to say the rotation must follow a particular order is to seek mathematical precision in the rotation order. Practically it is not feasible. Therefore, the word “rotation” would have to be interpreted as assignment of different reserved categories in the Grama Panchayats of a

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Taluk so as to ensure that the benefit of reservation is extended to different Panchayats. Thus, keeping the different factors in mind, the reserved categories can be moved at random and need not be rotated in a specified order.

Therefore, rotation cannot be insisted on a specified serial order. The aim of such “rotation” is to ensure that the benefit of reservation is extended across the board to the different

Panchayat. If the said purpose is achieved, then it cannot be said that the rotation of categories is violated.

38. The learned counsel for the petitioners have highlighted the example of Gudibande Taluk and claimed that the rotation was not implemented properly as despite their population, sufficient reservation was not made in favor of the OBC-A. But let us take the example of the Taluk itself in order to better understand the working of the reservation and rotation system as invented and implemented by the

Election Commission and the Deputy Commissioners.

No. of Grama Panchayats in the State: 6008

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State Population (Rural) : 3,76,31,878

SC population in the State : 74,42,824

ST population in the State : 33,79,320

39. In order to figure out how many Posts of President need to be reserved one would have to take the population of the SC multiply it with the number of Grama Panchayats and divide it with the total population of the State. Thus:

7442824 x 6008 = 1188.26 = 1188 37631878

Therefore, 1188 posts have to be reserved for

President of a Grama Panchayat in favor of the SC category throughout the State.

40. Further, in order to figure out how many SC persons would be represented by one post of President in a

Grama Panchayat, one would have to take the total population of the SC category in the State and divide it by the 1188 posts to be reserved for the SC category. Hence:

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74,42,824 = 6265 persons or unit. 1188

Therefore, one Post of President would represent 6265 persons belonging to the SC category.

41. Furthermore in order to figure out how many posts would have to be reserved for SC category in the Gudibande

Taluk one would have to take the population of SC category in the said Taluk, and divide it by the number of persons per one Post. According to the 2011 Census, the SC population in the said Taluk is 12,245. Hence:

12,245 = 1.95= 2 posts. 6265

Thus, two posts of President of Grama Panchayat would have to be reserved for the SC category in the said Taluk.

According to the Annexure attached with the translated copy of the notification, Gudibande Taluk does have two posts of

President reserved for SC category. In fact, since 50% of the

SC category is reserved for women, therefore out of 2 posts,

1 post has been reserved for SC (woman).

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Using the same set of formula for the ST category, 1 post is to be reserved for the ST category.

While fixing the reservation for the OBC category it has to be kept in mind that, nearly as may be, 1/3 of the posts of

President and Vice-President have to be reserved for the OBC category. Since there are 8 Grama Panchayats in the

Gudibande Taluk, therefore:

8 = 2.66= 3 posts. 3

However, as the upper cap of 50% has to be kept in mind, as out of 8 posts 2 posts have already been reserved for SC category, and 1 for ST category, naturally OBC category would have to be reduced from 3 posts to 1 post.

Thus, out of 8 posts, 2 will be reserved for SC, 1 for ST and 1 for OBC-A, while 4 will be kept for General. Thus, notwithstanding the large population of OBC in the Taluk, in accordance with Section 44 (2) (b) of the Act, the seats reserved for the OBC will have to be necessarily reduced to

1. Hence, only 1 seat has been reserved for OBC-A, and none for OBC-B category. Therefore, the Election Commission has

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rightly demarcated the distribution of seats for the different reserved category.

42. Similar argument was also repeated for the Anekal

Taluk by Ms. Sumana Baliga. Although the learned counsel has argued elaborately about the fact that the notification issued by the Deputy Commissioner does not tally with her calculations, but merely for this reason, the notification cannot be set aside. The issues raised by her involve complicated disputed questions of fact. Therefore, the said issues cannot be adjudicated in the writ jurisdiction vested in this court. On this ground alone her petition cannot be accepted.

43. Mr. A Shivrama, the learned counsel has also questioned the legality of the notification issued by the

Deputy Commissioner. According to him, in the said Taluk while 13 seats have been reserved for SC, and 1 for ST, but none have been reserved for the OBC despite their sizable population in the Taluk. However, according to Mr.

Phanindra, there were in total 28 seats in the Anekal Taluk.

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Taking 50% of 28, 14 seats had to be reserved for the different categories. Considering the large SC population in the Taluk, 13 seats were reserved for SC and 1 seat for ST.

Thus, 14 seats already stood reserved. Hence, as the maximum cap of 50% was already achieved, no further reservation could be made in favor of OBC, in spite of their population in the Taluk. But nonetheless merely because no reservation could be made in favor of the OBC in this particular Taluk does not mean that they were deprived of their adequate representation in the Bengaluru Urban area.

In fact, in Bengaluru North Taluk out of 39 seats, 6 seats have been reserved for OBC category. And out of 96 seats in

Bengaluru Urban—comprising of 4 Taluks, 9 seats have been reserved for OBC. Thus, it cannot be said that the OBC community is being deprived of adequate representation in the Grama Panchayat. Therefore, the contentions raised by

Mr. A Shivarama are unacceptable.

44. Mr. Y. R. Sadasiva Reddy, the learned Senior counsel, has questioned the implementation of the rotation

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system with regard to the Mulabagilu Taluk in Kolar district.

However, his submissions, mentioned above, are unacceptable for the following reasons: firstly, even if in the

2012 Elections the post of President was reserved for SC

(woman), and now in 2015 Election the said post has been reserved for OBC-A (woman) it would not make the rotation invalid. Although the reservation is being made in favor of women, but the categories are different: in 2012 Election it was in favor of SC (woman), now it is in favor of OBC-A

(woman). Secondly, although Kappanlamadugu Grama

Panchayat does have four members from the OBC-A category, although the Alangur Grama Panchayath has been reserved for the post of President for the OBC-A category, but even this reservation cannot be faulted. For in Kolar district 13 seats have been reserved for the OBC-A and OBC-

B category. Thus, overall adequate proportion has been ensured to the said community. Merely because it is not being done at the nano level of Grama Panchayat, it is being carried out at the macro level of the district. Hence, the notification issued by the Deputy Commissioner cannot be

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faulted. Thirdly, even if no reservation has been made in favor of ST category in the Mudiyanooru Grama Panchayat, it would not make the notification issued by the Deputy

Commission suspect. For out of five Taluks comprising the

Kolar district, 10 seats have been reserved for the ST category. Hence, there is proportionate representation of the

ST category in the district. Thus, it is immaterial if a particular Grama Panchayat has not been reserved for a particular category. The issue is not if a particular Grama

Panchayat has been deprived of a particular category? The ultimate question is if a particular category has been deprived of its proportional or adequate representation or not? If the answer to this question is in the negative, then no fault can be discovered with the impugned notification of the

Deputy Commissioner.

45. Similarly attacks by Mr. K. N. Puttegowda, and Mr.

H. P. Leeladhar fail as they too are worried about the reservation at the atomic level of particular Grama

Panchayats. They are missing the wood for the trees. Even in

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their cases, the overall proportional representation and adequate representations are being made. Merely because the petitioners belong to a particular category, they cannot claim, by of right, that their Grama Panchayat should have been reserved for the category to which they belong to. The right to stand for an elected post is a statutory right and not a fundamental right. The right can be exercised only under the conditions under which it is given. Therefore, Mr.

Leeladhar is unjustified in claiming that since the petitioner belongs to the ST community, therefore the post of President in the Haragadde Grama Panchayat should be reserved for

ST category. After all, 1 seat is reserved for ST category in the Anekal Taluk which includes the Haragadde Grama

Panchayat. Therefore, it is immaterial if the single seat has been reserved in Haragadde Grama Panchayat or not.

46. Likewise, Mr. K. N. Puttegowda’s contention with regard to non-reservation of the post of President for the ST category in the Alathuru Grama Panchayat is untenable. For, according to Mr. Phanindra, Gundlupet Taluk, which covers

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Alathuru Grama Panchayat, there are 34 seats for President, out of which 4 seats have been reserved for ST category.

Thus, again there is sufficient representation of the community in the Gundlupet Taluk.

47. Mr. S. N. Aswathanarayan has challenged the notification dated 16-6-2015 issued by the Deputy

Commissioner. According to him despite the large population of ST category in the Venkatagirikote Grama Panchayat the post of President has not been reserved for the ST category.

Instead, the post has been reserved for SC (woman).

According to him, the reservation should be based solely on the criteria of population. Since Harohalli Grama Panchayat has a lesser ST population than the Venkatagirikote Grama

Panchayat, instead of reserving the post of President in the

Harohalli Grama Panchayat, it should have been done for the

Venkatagirikote Grama Panchayat. The contention raised is clearly untenable. For population is one of the factors to be kept in mind while reserving the post of President. But by no means is it the only criteria. According to Mr. Phanindra,

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other factors also have to be considered while carrying out the exercise of reserving the posts in the Grama Panchayat.

Moreover, both the said Grama Panchayats fall under the

Devanahalli Taluk. In the Devanahalli Taluk there are in total

24 seats, while 6 seats have been reserved for the SC category, 3 seats have been reserved for ST category.

Therefore, it cannot be said that the interest of the ST category is being ignored. Hence, the contention raised by

Mr. Aswathanarayan is unacceptable.

48. The data provided by Mr. K. Shashikiran Shetty, the learned Senior Counsel is off the mark. According to him while twice the post of President was reserved in the

Niduvale Grama Panchayat in the Mudigere Taluk, in other

Grama Panchayats of Samse, Totadur, Marasanige, Niduvale, etc. the post of President has never been reserved for the SC category. But the document submitted by the learned Senior

Counsel clearly shows that these Grama Panchayats did have post reserved for the SC category between 1993 to 2015.

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Hence, the plea raised by the learned Senior Counsel is misplaced.

49. The submissions made by other learned counsels like Mr. T. Sheshagiri Rao, Mr. B. Sudhakar, Mr. Girish Kodgi,

Mr. Prasanna V. R. are equally untenable as they have all harped on the point that the post of President in a particular

Grama Panchayat should have been reserved for a particular category. As discussed above the said plea is unacceptable for the reasons stated above.

50. The contention raised by Mr. V. S. Hegde is equally misplaced. Mr. Hegde has argued that since elections could not be held in two villages, therefore the election to the post of President should be deferred till the elections in the said villages take place. Section 5 (1) of the Act states that

“The Grama Panchayat shall consist of such number of elected members as may be notified from time to time as notified by the State Election Commission…”. Sub-section (6) further states that “If for any reason the election to any

Grama Panchayat does not result in the election of the

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required number of members as specified in sub-section (1), the Deputy Commissioner shall within one month from the date on which the names of the elected members are published by him under sub-section (8) arrange another election for the election of such number of members as will make up the required number.” However, while arguing his plea, Mr. Hegde has overlooked the provision contained in

Sub-section (7) of Section 5.

Sub-section (7) is as under:

Notwithstanding anything contained in sub-sections (1) and (6), but subject to any general or special orders of the Government, where two-thirds of the total number of members of any Grama Panchayat has been elected, the Grama Panchayat shall be deemed to have been duly constituted under the Act.

51. Thus, if two-thirds of members of a Grama

Panchayat are elected, then the Grama Panchayat is deemed to be elected. According to Mr. Phanindra, in the

Ramalingapura Grama Panchayat 21 members were to be

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elected out of whom three have not been elected so far. But then two-third of the members of the Grama Panchayat has been elected. Thus, the Grama Panchayat is deemed to be formed according to sub-section (7) of Section 5. Hence, in accordance with Sections 44 and 45 of the Act, the election for the post of President and Vice-President has to take place within one from the date of general election results. Thus, the Deputy Commissioner was justified in fixing the date and the reservation for the Ramlingapura Grama Panchayat.

Hence, the submission made by Mr. Hegde is without any merit.

52. The scope for judicial intervention in election process is a limited one. In the case of Ashok Kumar

(supra) the Hon’ble Supreme Court has demarcated the scope of judicial interference with the election process. Of course, “judicial intervention is available if assistance of the court has been sought for merely to correct or smoothen the progress of the election proceedings, to remove the obstacles therein, or to preserve a vital piece of evidence if the same

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would be lost or destroyed or rendered irretrievable by the time the results are declared and the stage is set for invoking the jurisdiction of the court.” But even this judicial intervention is coupled with a rider—“without interrupting, obstructing, or delaying the progress of the election proceedings.” Moreover, the Apex Court has further warned that “The court must be very circumspect and act with caution while entertaining any election dispute though not hit by the bar of Article 329(b) but brought to it during the pendency of election proceedings. The court must guard against any attempt at retarding, interrupting, protracting or stalling of the election proceedings. Care has to be taken to see that there is no attempt to utilize the court’s indulgence by filing a petition outwardly innocuous but essentially a subterfuge or pretext for achieving an ulterior or hidden end.

Needless to say that in the very nature of things the court would act with reluctance and shall not act, except on a clear and strong case for its intervention having been made out by raising the pleas with particulars and precision and supporting the same by necessary material.”

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53. Considering the fact that only a handful of petitions have been filed, that too, on the repetitive plea of the post of President in a particular Grama Panchayat not being reserved for a particular reserved category, considering the fact that the overall picture is being missed, considering the fact that the material facts with regard to other factors which would necessarily affect the decision are not being revealed, this Court is of the opinion that the petitions are merely a cleaver ploy to interrupt and delay the progress of the election. Hence, this court should not interfere with the election process.

54. But before ending this judgment, this Court would like to take note of a contention raised both by Mr.

Jayakumar S. Patil, the learned Senior Counsel, and by Mr.

Rajagopal, the learned counsel, with regard to the timing of the notification both by the Election Commission and by the

Deputy Commissioners. According to both the learned counsels in the case of Smt. Rekha Parashuram Kattimani

( supra) this court had directed the State “to ensure issue of

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the Notification well in advance, in the least, six months prior to the closing of the term of office of Adhyaksha and

Upadhyaksha, so as to enable persons aggrieved to have their say in the matter.” Furthermore in the case of

Channigappa and Another v State of Karnataka and

Others [2000 (6) KLJ 163 (DB)] a learned Division Bench of this Court has observed as under:

We however direct that in future as and when Government exercises its statutory power and acts in the matter of rotation/ delimitation/ adjustment of seats, in terms of the rules, affected parties are to be given an opportunity to have their say with regard to their grievances in the said matter. We would further observe that the State Government would be well- advised to amend the rules providing for an opportunity to the affected general public to avoid any criticism on the Government.

55. Undoubtedly in a democracy, a government runs on the faith of the people. Therefore, every action of the government has to be above suspicion. The loss of the faith of the people not only corrodes the credibility of the

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government, but most importantly shakes the faith of the people in the Rule of Law. Hence, it is imperative that fairness should not only be done by the government in matter of election, but should also be seen to be done by it.

This Court thus hopes that the directives issued by this Court would be followed by the State Government in the future. In case the State fails to follow the directions and the advice given by this Court, it does it at its own peril.

However, for the reasons stated above, this Court does not find any merit in the writ petitions. Therefore, the petitions are, hereby, dismissed. No order as to cost.

Sd/- JUDGE

*bk/Np/kvk/js

155 SCHEDULE - I

NOTIFICATION/ ORDER ISSUED BY SL. WRIT PETITION THE DEPUTY NAMES OF THE GRAMA NAMES OF THE NO. (NOS.) COMMISSIONER'S OF PANCHAYAT DISTRICT THE RESPECTIVE DISTRICTS

CATEGORY-I

1 26572/15 22-6-15 Tumakuru 2 26261/15 11/6/2015 Banakal & others Chikkamagaluru 3 26672/15 16-6-15 Venkatagiri Kote Bengaluru Rural 4 26688/15 24-6-15 Kadabagere Bengaluru Rural 5 25700-701/15 18-6-15 Basahatti Bengaluru Rural 6 26647/15 Mamballi Chamarajanagar 7 25215/15 Hosur Grama Panchayat Chickballapura 8 26311/15 12/6/2015 Harohalli (Mellahalli) Mysore 9 26682/15 16-6-15 Kariyala Chitradurga 10 25717/15 17-6-15 Doddabanahalli Bengaluru Rural 11 25568/15 12/6/2015 Thagadooru Hassan 12 25657/15 9/6/2015 Maruthipura Shimoga 13 25857-861/15 12/6/2015 Bheemanahalli Mandya 14 25870/15 11/6/2015 Marathalli Chamarajanagar 15 25693-697/15 12/6/2015 Ramanagara 16 25612-613/15 12/6/2015 Kadakola Mysore 17 25840/15 15-6-15 Shivapura Chamarajanagar 18 26083/15 18-6-15 Hosalli Bengaluru Rural 19 26092-94/15 16-6-15 Yeliyur Bengaluru Rural 20 26133-34/15 13-6-15 Hanngoodu Mysore 26348/15 & 21 16-6-15 Kunchur Davangere 26442-43/15

156

NOTIFICATION/ ORDER ISSUED BY SL. WRIT PETITION THE DEPUTY NAMES OF THE GRAMA NAMES OF THE NO. (NOS.) COMMISSIONER'S OF PANCHAYAT DISTRICT THE RESPECTIVE DISTRICTS

22 26382/15 22-6-15 Mantappa Bangalore Urban 23 26389/15 9/6/2015 Koppa Chikkamagaluru 24 26648/15 Biligiri Rangan Betta Chamarajanagar 25 26655/15 9/6/2015 Maraliga Mandya 26 26119-122/15 16-6-2015 Kodliped & others Kodagu 27 26365-66/15 16-6-2015 Kodliped & others Kodagu 28 26806-26810/15 9/6/2015 Sonale & others Shimoga 29 25258/15 Hulihalli Chikkamagaluru 30 26110/15 15-6-2015 Muttanalluru Bangalore Rural 31 24631/15 5/5/2015 Belavalla Tumakuru 32 25543-54/15 17-6-15 Tavarekere Bangalore Rural 33 25573-74/15 11/6/2015 Arakere Tumakuru 34 25576/15 17-6-15 Kodagihalli Tumakuru 35 26098/15 12/6/2015 Sunkathonnur Mandya 36 26106/15 17-6-15 Taredakuppe Tumakuru 37 25698-699/15 16-6-15 Kannamangala Bangalore Rural 38 25856/15 18-6-15 Konaghatta Bangalore Rural 39 26135/15 13-6-15 Bilidevalaya Tumakuru 40 26147/15 11/6/2015 Bantenahalli Hassan 41 26683/15 16-6-15 Javanagondanahalli Chitradurga 42 26672/15 16/6/2015 Venkatagiri Bangalore Rural 43 26042/15 15-6-15 Handenahalli Bangalore Urban 44 24504/15 Doddaganawadi Ramanagara

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NOTIFICATION/ ORDER ISSUED BY SL. WRIT PETITION THE DEPUTY NAMES OF THE GRAMA NAMES OF THE NO. (NOS.) COMMISSIONER'S OF PANCHAYAT DISTRICT THE RESPECTIVE DISTRICTS CATEGORY – II 1 25690/15 25-5-15 Hulimangala Bangalore Urban 2 25165-67/15 25-5-15 Bintravalli & Others Chikkamagaluru 3 26646/15 25-5-15 Timmarajipur Chamarajanagar CATEGORY – III

25-5-15 & 1 24900-901/15 Abludu & Others Chickballapura 11-6-15 2 26091/15 25-5-15 Devarabellakere Davangere 25-5-15 & 3 26111/15 Hennagara Bangalore Urban 15-6-15 25-5-15 & 4 26689/15 Bettakote Bangalore Rural 16-6-15 25-5-15 & 5 26065-67/15 Bhairganahalli & Others Kolar 15-6-15 25-5-15 & 6 25083-85/15 Marasanige Chikkamagaluru 8-6-15 7 25702/15 25-5-15 Haragadde Bangalore Rural 25-5-15 & 8 26068-70/15 Agara & Others Kolar 15-6-15

Sd/- JUDGE