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In the High Court of Karnataka at Bengaluru

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In the High Court of Karnataka at Bengaluru 1/21 IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 11 th day of January, 2017 Before THE HON’BLE DR. JUSTICE VINEET KOTHARI WRIT PETITION NOs.24305-309/2016 & 24501-502/2016 (LB-ELE) Between 1. Sri. Beerihundi Basavanna S/o. Late Marrigowda, Aged About 46 Years, Member of Zilla Panchayat Beerihundi (Mallahalli Constituency, R/a. Beerihundi Village And Post, Jayapura Hobli, Mysore Taluk And District. 2. Sri. S. Mahadeve Gowda S/o. Late Shivanna, Aged About 50 Years, Member Of Zilla Panchayat, Srirampura Constituency, R/At No.66, Yaraganahalli Main Road, Mysore, Mysore District. 3. Smt. Prem Kumari M W/o. Mahadeve Swamy, Aged About 35 Years, Member of Zilla Panchayat Jayapura Constituency, R/At No.250, 2nd Block, Udbusu Village, Jayapura Hobli, Mysore Taluk, Mysore District. Date of Order 11-01-2017 W.P.Nos.24305-309/2016 & 24501-502/2016 Sri.Beerihundi Basavanna & Ors. Vs. State of Karnataka & Ors. 2/21 4. Smt. Chandrika.N W/o. Suresh, Aged About 40 Years, Member of Zilla Panchayat Hootagalli Constituency, R/At Nijanilaya, SPS Opp, Hootagalli, Belvadi Post, Mysore Taluk, Mysore District. 5. Smt. Roopa W/o. Veeriah, Aged About 27 Years, Member of Zilla Panchayat Kadakola Constituency, R/At No.252, 21 st Cross, 21st Main, 2nd Stage, J.P.Nagar, Mysore Taluk, Mysore District. 6. Venkataswamy S/o. Late Chikkanna, Aged About 49 Years, Member of Zilla Panchayat Hanchipura Constituency, R/At Yerrahalli Village & Post, H D Kote Taluk, Mysore District. 7. Dinesh S S/o. Swamy Gowda, Aged About 41 Years, Member of Zilla Panchayat Siddalingapura Constituency, R/At No.72, Naganahalli Village, Kasaba Hobli, Mysore Taluk, Mysore District. ... Petitioners (By Mr. Chandrakanth R. Patel, Advocate) Date of Order 11-01-2017 W.P.Nos.24305-309/2016 & 24501-502/2016 Sri.Beerihundi Basavanna & Ors. Vs. State of Karnataka & Ors. 3/21 And 1. State of Karnataka Department Of Panchayat Raj and Rural Development, By its Secretary Vidhana Soudha, Bangalore-560 001. 2. The Regional Commissioner Gulburga, Gulburga District – 585 102. 3. The Regional Commissioner Mysore, Mysore District.57005 4. The Regional Commissioner Bangalore Bangalore District.560001. 5. The Regional Commissioner Belgaum Belgaum District.590001. 6. The Zilla Panchayath Bagalkot District, Bagalkot- 587 201. Represented By Its CEO. 7. The Zilla Panchayat Bangalore Urban District Bangalore.560 009. Represented By Its CEO 8. The Zilla Panchayat Bangalore Rural District, Bangalore.560 009. Represented By Its CEO Date of Order 11-01-2017 W.P.Nos.24305-309/2016 & 24501-502/2016 Sri.Beerihundi Basavanna & Ors. Vs. State of Karnataka & Ors. 4/21 9. The Zilla Panchayat Belgaum District, Belgaum.590 001. Represented By Its CEO. 10. The Zilla Panchayat Bellary District,583 201. Represented By Its CEO. 11. The Zilla Panchayat Bidar District, Bidar.58540. Represented By Its CEO. 12. The Zilla Panchayat Bijapur District, Bijapur.586 209. Represented By Its CEO 13. The Zilla Panchayat Chamarajnagar District, Chamarajnagar -571313. Represented By Its CEO 14. The Zilla Panchayat Chickbalapur District, Chickbalapur-562 101. Represented By Its CEO 15. The Zilla Panchayat Chickmagalur District, Chickmagalur.577 501. Represented By Its CEO. 16. The Zilla Panchayat Chitradurga District, Chitradurga. 577 501. Represented By Its CEO. Date of Order 11-01-2017 W.P.Nos.24305-309/2016 & 24501-502/2016 Sri.Beerihundi Basavanna & Ors. Vs. State of Karnataka & Ors. 5/21 17. The Zilla Panchayat Dakshina Kannada D.K.Dist.576 252. Represented By Its CEO 18. The Zilla Panchayat Davanagere District, Davanagere.577 006. Represented By Its CEO 19. The Zilla Panchayat Dharwad District, Dharwad Represented By Its CEO 20. The Zilla Panchayat Gadag District,582 101. Represented By Its CEO 21. The Zilla Panchayat Gulbarga District,585 102. Represented By Its CEO 22. The Zilla Panchayat Hassan District, Hassan.573 201. Represented By Its CEO 23. The Zilla Panchayat Haveri District, Haveri.581 101 Represented By Its CEO 24. The Zilla Panchayat Kodagu District, Madikeri.571 201. Represented By Its CEO. Date of Order 11-01-2017 W.P.Nos.24305-309/2016 & 24501-502/2016 Sri.Beerihundi Basavanna & Ors. Vs. State of Karnataka & Ors. 6/21 25. The Zilla Panchayat Kolar District, Kolar.563 101. Represented By Its CEO 26. The Zilla Panchayat Koppal District, Koppal.583 231. Represented by its CEO. 27. The Zilla Panchayat Mandya Mandya District.571 401. Represented By Its CEO 28. The Zilla Panchayat Mysore.577 005. Represented By Its CEO 29. The Zilla Panchayat Raichur. 584 157. Represented By Its CEO 30. The Zilla Panchayat Ramanagara 562 160. Represented By Its CEO 31. The Zilla Panchayat Shimoga.577 216 Represented By Its CEO. 32. The Zilla Panchayat Tumkur District, Tumur,572 107. Represented By Its CEO. Date of Order 11-01-2017 W.P.Nos.24305-309/2016 & 24501-502/2016 Sri.Beerihundi Basavanna & Ors. Vs. State of Karnataka & Ors. 7/21 33. The Zilla Panchayat Uttar Kannada District, Karwar.581 329. Represented By Its CEO 34. The Zilla Panchayat Udupi District, Udupi,576 101. Represented By Its CEO. 35. The Zilla Panchayat Yadgir District, Yadgir,585 201. Represented By Its CEO. ... Respondents (By Mr. A.G. Shivanna, Addl.Advocate General a/w. Mr. S. Chandrashekaraiah, HCGP, for R1 to R5; Mr. H.C. Sundaresh, Advocate for R-7; Smt. Ratna N. Shivayogimath, Advocate for R12; Mr. N.R. Jagadeeswara, Advocate for R18; Mr. B.J. Somayaji, Advocate for R14, R29, R30; Mr.R. Sharathchandra, Advocate for R6, R31 & R35; R8, R9-R11, R13, R15 to R17, R19 to R28, R32 to R34 - served) **** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to Quash Annex-C Dated 15.04.2016 issued By R-1; Quash the order dated 16.04.2016 issued by R-3 at Annex-D; Strike down the Rule 2(B)(C)(D) Of Karnataka Panchayat Raj (Zilla Panchayat Reservation for the Posts of President And Vice President) Rules, as Amended in the year 2000 as illegal and arbitrary, etc. Date of Order 11-01-2017 W.P.Nos.24305-309/2016 & 24501-502/2016 Sri.Beerihundi Basavanna & Ors. Vs. State of Karnataka & Ors. 8/21 These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following: O R D E R 1. In all these petitions, the challenge to the reservations for the posts of ‘President’ and ‘Vice President’ of Zilla Panchayats for the 2016 elections has already been turned down by this Court in a recently rendered judgment on 06/01/2017 in W.P.Nos.22740-762/2016 (Smt. Latha and others Vs. State of Karnataka and others), in which dismissing the writ petitions, after discussing the various case laws cited on both sides, this Court has upheld the preliminary objection of the State against the maintainability of these writ petitions. 2. The relevant paragraphs 18 to 36 and 52 are quoted below for ready reference: 18. On a careful analysis of the rival contentions and the relevant case laws relied upon by both the sides and a brief over view of the facts Date of Order 11-01-2017 W.P.Nos.24305-309/2016 & 24501-502/2016 Sri.Beerihundi Basavanna & Ors. Vs. State of Karnataka & Ors. 9/21 brought on record, this Court has arrived at a considered conclusion that these writ petitions cannot be entertained and are not maintainable and deserve dismissal at the threshold on the basis of preliminary objection of bar of jurisdiction under Article 243-O of the Constitution of India, for the following reasons: 19. The first and foremost reason is the constitutional bar contained in Article 243-O of the Constitution of India. The validity of any law relating to de-limitation of constituencies or the allotment of seat to such constituencies cannot be examined by Courts in view of Clause (a) of Article 243-O of the Constitution of India. This Court does not find any force in the contention raised by the learned counsel for petitioners that the words "allotment of seats to such constituencies" would apply only to the allocation of seats or number of wards or posts of members for a particular Gram Panchayat, Taluk Panchayat or Zilla Panchayaths. The words “allotment of seats" to particular Zilla panchayat even for the post of ‘President’ and ‘Vice President’ would fall within the ambit and scope of clause (a) of Article 243-O of the Constitution of Date of Order 11-01-2017 W.P.Nos.24305-309/2016 & 24501-502/2016 Sri.Beerihundi Basavanna & Ors. Vs. State of Karnataka & Ors. 10/21 India. The allotment of reservation to a particular seat of ‘President’ or ‘Vice President’ in a particular constituency or Zilla Panchayat cannot be excluded from the coverage of clause (a) so as to allow the judicial scrutiny of the same by the Courts by- passing the said bar of jurisdiction. 20. The purpose is simple and obvious, that is to maintain the sanctity, continuity and undisturbed process of election on the basis of which the democratic process can sustain and carried out. That is why the only remedy provided and allowed by the Constitution of India was by way of Election Petition before the competent Authority or Tribunal, after the elections have been concluded. 21. Clause (b) of Article 243-O clarifies this, when it stipulates " no election to any panchayat shall be called in question except in election petition...", the intention of constitutional bar is very clear, i.e. to provide an insulated and free from Court interference, election process. Any interference by the Courts of law at the beginning or during the process of election is bound to defeat Date of Order 11-01-2017 W.P.Nos.24305-309/2016 & 24501-502/2016 Sri.Beerihundi Basavanna & Ors.
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