Case Note & Summary
The petitioner, Sri Shivanand, a member of Chandanhalli Gram Panchayat, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the reservation notification issued by the District Election Officer (respondent No. 3) for the post of Adhyaksha (President) of Chandanhalli Gram Panchayat for the 2020-II (2023) term. The notification reserved the post for a Scheduled Tribe (ST) Female candidate. The petitioner contended that the reservation violated the rotation policy mandated under Section 44(4) of the Karnataka Panchayat Raj Act, 1993, and the Karnataka Panchayat Raj (Reservation of Offices of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1995. He argued that in the previous term (2020-I), the post of Adhyaksha was already reserved for ST Female, and thus reserving it again for the same category in the current term was illegal. The respondents, including the State Election Commission and the District Election Officer, defended the notification, claiming it was issued in accordance with the rules. The court examined the reservation history and found that the post had indeed been reserved for ST Female in the 2020-I term. The court held that Section 44(4) of the Act requires rotation of reservation among categories, and the rules prescribe a specific rotation cycle. Since the post was reserved for ST Female in the previous term, it could not be reserved for the same category in the current term. The court quashed the impugned notification and directed the respondents to redo the reservation in accordance with the rotation policy and law.
Headnote
A) Panchayat Raj - Reservation of Office of Adhyaksha - Rotation Policy - Sections 44(4) and 44(5) of the Karnataka Panchayat Raj Act, 1993 read with Rules 3 and 4 of the Karnataka Panchayat Raj (Reservation of Offices of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1995 - The petitioner challenged the reservation of the post of Adhyaksha of Chandanhalli Gram Panchayat for ST Female for the 2020-II (2023) term, arguing that it violated the rotation policy. The court examined the reservation history and found that the post had been reserved for ST Female in the previous term (2020-I) and thus could not be reserved again for the same category in the current term without following the rotation cycle. Held that the impugned notification was illegal and quashed it, directing the respondents to redo the reservation in accordance with law. (Paras 1-10) B) Panchayat Raj - Reservation of Office of Adhyaksha - Rotation Policy - Section 44(4) of the Karnataka Panchayat Raj Act, 1993 - The court interpreted Section 44(4) to require that reservation of offices of Adhyaksha must be rotated among different categories (SC, ST, OBC, General) and that no office can be reserved for the same category in two consecutive terms. The court relied on the Karnataka Panchayat Raj (Reservation of Offices of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1995, which prescribe the rotation cycle. Held that the respondents failed to adhere to the rotation policy, rendering the reservation notification invalid. (Paras 5-8)
Issue of Consideration
Whether the reservation of the post of Adhyaksha of Chandanhalli Gram Panchayat for ST Female for the 2020-II (2023) term is valid and in accordance with the rotation policy under the Karnataka Panchayat Raj Act, 1993.
Final Decision
The court allowed the writ petition, quashed the impugned notification (Annexure-D) reserving the post of Adhyaksha of Chandanhalli Gram Panchayat for ST Female for the 2020-II (2023) term, and directed the respondents to redo the reservation in accordance with the rotation policy and law.
Law Points
- Reservation of offices of Adhyaksha in Gram Panchayats must follow the rotation policy as per Section 44(4) of the Karnataka Panchayat Raj Act
- 1993
- and the Karnataka Panchayat Raj (Reservation of Offices of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules
- 1995
- any deviation from the prescribed rotation renders the reservation notification illegal and liable to be quashed.
