High Court of Karnataka Reserves Judgment on Validity of Delimitation Notifications for Panchayat Constituencies. Petitioners Challenged Increase in Seats and Alleged Non-Compliance with Census Guidelines.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The petitioners, residents and aspiring candidates for Zilla and Taluk Panchayat elections in Karnataka, filed writ petitions under Articles 226 and 227 of the Constitution challenging delimitation notifications issued by the Karnataka State Election Commission. The notifications pertained to Raichur Zilla Panchayat, Chikkaballapur Zilla Panchayat, and Chikkanayakanahalli Taluk Panchayat, and involved an increase in the number of seats from 38 to 42 in Raichur. The petitioners contended that the delimitation was not in accordance with the Karnataka Gram Swaraj and Panchayat Raj Act and the guidelines dated 15-09-2015 which mandated the 2011 census as the basis. The court heard arguments from senior advocates for the petitioners and the government pleader for the state and election commission. The matter was reserved for orders on 16-08-2021. The judgment text provided does not include the court's reasoning or final decision.

Issue of Consideration

Whether the delimitation notifications increasing the number of seats for Zilla and Taluk Panchayats were valid and in accordance with the Karnataka Gram Swaraj and Panchayat Raj Act and the guidelines based on the 2011 census?

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Case Details

2021 LawText (KAR) (08) 20

WRIT PETITION No.13944/2021 (LB-ELE) c/w WRIT PETITION Nos.13902/2021, 9538/2021, 12616/2021 (LB-ELE)

2021-08-19

M. Nagaprasanna

Jayakumar S. Patil, A. Mahammed Tahir, Manmohan P.N., Nithyananda K.R., K.N. Phanindra, Vaishali Hegde

Lingappa Goudoru & Others; Bheemayya & Others; Vishwanatha H.M. & Others; M.V. Balaraj

State of Karnataka, Karnataka State Election Commission, Deputy Commissioners, Raichur Zilla Panchayat

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Nature of Litigation

Writ petitions challenging delimitation notifications and reservation of constituencies for Zilla and Taluk Panchayats.

Remedy Sought

Quashing of delimitation notifications and mandamus for fresh delimitation in accordance with law and guidelines.

Filing Reason

Alleged illegality in delimitation process, increase in number of seats without proper basis, non-compliance with census guidelines.

Issues

Validity of delimitation notifications for Raichur Zilla Panchayat, Chikkaballapur Zilla Panchayat, and Chikkanayakanahalli Taluk Panchayat. Whether the increase in number of seats from 38 to 42 was in accordance with the applicable Act and guidelines.

Judgment Excerpts

Census was carried out by Government of Karnataka in the year 2011 and the same was published in the Official Gazette as official figures of the year 2011. The impugned notification alters the number of seats that is existing in Raichur Zilla Panchayat from 38 to 42. It is this act that is called in question by the petitioners.

Procedural History

Writ petitions filed; heard and reserved for orders on 16-08-2021; judgment pronounced on 19-08-2021.

Acts & Sections

  • Constitution of India: Article 226, Article 227
  • Karnataka Gram Swaraj and Panchayat Raj Act:
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High Court High Court of Karnataka Reserves Judgment on Validity of Delimitation Notifications for Panchayat Constituencies. Petitioners Challenged Increase in Seats and Alleged Non-Compliance with Census Guidelines.
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