Case Note & Summary
These writ petitions challenged notifications issued by the State Government and Deputy Commissioners altering reservation categories for the posts of President and Vice-President of Town Municipal Councils. In Bhatkal Town Municipal Council, the post of President was reserved for SC-women but remained vacant as no such candidate existed; the State Government directed re-election permitting SC candidates. In Annigeri Town Municipal Council, the President post reserved for ST-women had no candidates, and the Deputy Commissioner directed it to be filled by a candidate from the general ST category. Petitioners, elected members of the respective councils, contended that the executive could not unilaterally change the reserved categories and that such action violated Article 243-T of the Constitution and the principle laid down in M. Vemala Nayak v. Raniyamma, which held that a person elected from one reserved category cannot contest for a post reserved for another. The petitions were heard together and reserved for orders. The extracted text does not include the court's final decision or reasoning beyond recording the submissions.
Headnote
A) Constitutional Law - Municipal Elections - Reservation of President/Vice President posts - Constitution of India, Article 243-T - The State Government issued notifications altering reservation from SC-women to SC (Bhatkal) and ST-women to ST (Annigeri) due to non-availability of candidates from the originally reserved categories. Petitioners contended that such unilateral alteration by the executive is impermissible and violates constitutional mandate and precedent, relying on M. Vemala Nayak v. Raniyamma, ILR 1997 KAR 2449, which held that posts reserved for a particular category must be filled only from elected members of that category. The matter was heard and reserved for orders; no final decision is available in the extracted text. (Paras 1-5.5)
Issue of Consideration
Whether the State Government/Deputy Commissioner can unilaterally change the reservation category for election to the posts of President/Vice President of a Town Municipal Council when no candidate belonging to the originally reserved category is available.
Law Points
- Reservation for posts of President/Vice President in municipalities must be strictly followed
- executive cannot unilaterally alter reservation categories
- Constitutional mandate under Article 243-T requires rotation of reserved seats
- A person elected from a reserved category cannot contest for a post reserved for a different category
Case Details
2025 LawText (KAR) (04) 72
W.P. No. 107977 of 2024 c/w W.P. No. 107601 of 2024
Santosh B. Malligawad for petitioners; Gangadhar J.M., AAG, V.S. Kalasurmath, AGA for State; Mrityunjay B. Pujar for R5 in WP 107977/2024; Srinivas B. Naik for R7; Santosh B. Mane for R5 in WP 107601/2024
Veena Satappa Bhoovi, Altaf Kharori Mohiddin
State of Karnataka and others
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Nature of Litigation
Challenge to government notifications altering reservation categories for municipal president elections.
Remedy Sought
Petitioners sought writ of certiorari quashing the notifications dated 27.11.2024 (Bhatkal) and 16.12.2024 (Annigeri).
Filing Reason
The notifications changed the reserved category from SC-women to SC (in Bhatkal) and from ST-women to ST (in Annigeri) due to absence of candidates, which petitioners allege is unlawful.
Previous Decisions
Earlier litigation regarding reservation chart was resolved by Supreme Court in SLP 7090/2021 allowing elections as per revised chart; impugned notifications were issued thereafter.
Issues
Whether the State Government/Deputy Commissioner can alter the reservation category for the post of President/Vice President when no candidate from the originally reserved category is available.
Whether such alteration violates Article 243-T of the Constitution and principles laid down in M. Vemala Nayak.
Submissions/Arguments
In both municipalities, the respondents unilaterally removed only the women reservation while continuing the same caste/category, causing injustice to women and repeating the reserved category.
Unilateral change of reservation by the executive is impermissible; reliance placed on M. Vemala Nayak v. Raniyamma, ILR 1997 KAR 2449.
Post reserved for a particular category must be filled only from elected members belonging to that category; a person elected from one reserved category cannot contest for a post reserved for another.
Judgment Excerpts
If there are no candidates for a particular category, the same cannot be unilaterally changed by the executive.
The respondents have not taken into account the actual situation and by only removing the reservation for women, not only caused injustice to women, but they have also continued with the earlier reservation made for the very same category.
Issue a writ in the nature of certiorari quashing the notification dated 16.12.2024 bearing No.Sta/Sanchu/Wahi/01/2024-25 passed by respondent No.3.
Issue a writ in the nature of certiorari quashing the notification dated 27.11.2024 bearing No.NAE/10/MLR/2024 passed by respondent No.1.
Procedural History
Earlier litigation regarding reservation chart in SLP (Civil) No.7090/2021 was resolved by Supreme Court on 10.05.2022 permitting elections as per revised chart. Gazette notification announcing elections issued on 05.08.2024. For Bhatkal TMC, post of President reserved for SC-women remained vacant; State issued order on 27.11.2024 permitting SC category. For Annigeri TMC, post reserved for ST-women remained vacant; Deputy Commissioner issued notification on 16.12.2024 permitting ST category. Petitioners filed the present writ petitions challenging these notifications. Both petitions heard and reserved for orders on 24.02.2025; order pronounced on 09.04.2025.
Acts & Sections
- Constitution of India: Article 243, Article 243-T, Article 226, Article 227
