In the High Court of Karnataka Dharwad Bench

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 8 TH DAY OF JULY, 2016 BEFORE THE HON’BLE MR.JUSTICE A.S.BOPANNA WRIT PETITION Nos.105183-185/2016 (LB-RES) BETWEEN 1. SHIVARAJ S/O KUMAR CHITALE, AGED ABOUT 25 YEARS, OCC: AGRICULTURE, R/AT WARD NO.2, EXAMBA, TQ: CHIKKODI, DISTRICT BELAGAVI. 2. UMESH MAHADEV SATWAR AGED ABOUT 30 YEARS, OCC: HOUSEHOLD, R/AT WARD NO.10, EXAMBA, TQ: CHIKKODI, DISTRICT BELAGAVI. 3. SUNIL VISHWANATH SAPTASAGAR, AGED ABOUT 48 YEARS, OCC: AGRICULTURE, R/AT WARD NO.7, EXAMBA, TQ: CHIKKODI, DISTRICT BELAGAVI. ... PETITIONERS (BY SRI MAHANTESH C. KOTTURSHETTAR, ADV.) AND 1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560001, 2 R/BY ITS SECRETARY. 2. THE CHIEF OFFICER, TOWN PANCHAYATH, EXAMBA, TALUK CHIKKODI, DISTRICT BELAGAVI. 3. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI. ... RESPONDENTS (BY SRI RAVI V. HOSMANI, AGA FOR R1 & R3 SRI SANGAMESH S. GHULAPPANAVAR, ADV FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED NOTIFICATION DATED:24.02.2016, VIDE ANNEXURE-B ISSUED BY RESPONDENT NO.1, IN SO FAR AS EXAMBA IS CONCERNED AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioners are before this Court assailing the Notification dated 24.02.2016 impugned at Annexure-B to the petitions. The petitioners are also seeking that the Notification dated 04.03.2016 be quashed and direct the respondents to reserve the post of Vice President to Scheduled Caste candidate insofar as Examba is concerned. 3 2. The petitioners claim to be the elected Councilors of the respondent No.2-Town Panchayath. By the Notification dated 24.02.2016, the post of President has been reserved to BCA-Woman and Vide President to Scheduled Caste. By the subsequent Notification dated 04.03.2016 insofar as the Vice President in respect of Examba Town Panchayath, the reservation has been altered to Scheduled Caste-Woman. In that light, the petitioners claiming to be aggrieved are before this Court. 3. Though contentions have been urged in the instant petitions, insofar as the nature of alternation made and the reasons assigned, a similar Notification had arisen for consideration before this Court in W.P.No.102320/2016. In the said proceedings, though several contentions have been urged, a similar contention had arisen for consideration in respect of a Notification that had been issued in a similar manner without assigning the reasons. This Court while taking note of the 4 earlier decisions of this Court had arrived at the conclusion that if the Notification does not indicate reasons for the change to be made and the records also does not disclose the same, such Notification altering the reservation made would not be permissible and the elections would have to be conducted as per the reservations indicated in the notification issued at the first instance for the concerned year when the President and the Vice President is to be elected. 4. If that be the position, in the instant case in so far as the Vice President, there can be no doubt that the reservation as made in the first Notification to the Scheduled Caste candidate will have to be maintained. In the instant petitions, though the petitioners have also raised the issue with regard to the reservation made in the first Notification dated 24.02.2016 for the President, since the contention as putforth by the petitioners is that for the post of President it should have been reserved for 5 Scheduled Caste as there were large number of people in the said constituency, such contention in any event cannot be accepted when this Court has upheld the reservation made in respect of Scheduled Caste in respect of Vice President, as both the Vice President as well as President cannot be reserved for the same category. In that view, the relief sought in that regard cannot be granted and the reservation as made to BCA-Woman will have to be maintained. Hence to the said extent, the Notification dated 04.03.2016 insofar as the Examba Town Panchayath relating to the change of reservation to the post of Vice President for the purpose of reservation stands quashed. A direction is issued to hold the election as per the reservation made for both President as well as Vice President for the Examba Town Panchayath under the Notification dated 24.02.2016. In terms of the above, the petitions stand disposed of. 6 Learned counsel for the 2 nd respondent is permitted to file vakalath in the registry in four weeks. Sd/- JUDGE Jm/-.

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