High Court of Karnataka Examines Legality of Ward Reservation Notification in Municipal Elections. Petitioners Seek Quashing of Notification Reserving Ward No.19 for Scheduled Caste Category Alleging Arbitrariness and Violation of Legal Provisions.

High Court: Karnataka High Court Bench: BENGALURU
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Issue of Consideration

Whether the notifications reserving wards for municipal elections were arbitrary, contrary to law, and issued without application of mind?

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Law Points

  • judicial review of administrative action
  • reservation of wards in local bodies
  • arbitrariness in reservation
  • compliance with constitutional scheme
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Case Details

2019 LawText (KAR) (01) 23

W.P. No.44499/2018 (LB-ELE) C/W connected matters

2019-01-14

S. Sunil Dutt Yadav

Sri Abishek Marla M.J., Sri Ashok Haranahalli, Sri Manmohan P.N., Sri Rajaram Sooryambail, Sri Dhananjay Kumar, Sri Udaya Prakash Muliya, Sri Rahul S. Reddy, Sri Devi Prasad Shetty, Sri S. Basavaraj, Sri M. Ravindranath, Sri Naveen J. N., Sri Nagarajappa A., Sri Mahesh R. Uppin, Sri H.C. Shivaramu, Sri K.N. Phaneendra, Smt. Vaishali Hegde, Sri Vishwajith Shetty, Sri Dinesh Rao, Smt. Prathima Honnapura, Sri S. Rajashekar, Smt. Anusuya Devi, Sri D.C. Jagadeesh, Sri R. Subramanya

Mr. Ravindra Nayak & Others

Karnataka State Election Commission & Others

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Nature of Litigation

Writ petition challenging the reservation of wards in municipal elections

Remedy Sought

Quashing of the impugned notification dated 10.08.2018 reserving specific wards for certain categories and a direction to reserve them as per the draft notification dated 26.06.2018

Filing Reason

The petitioner alleges that the reservation of wards is arbitrary, contrary to law, and issued without proper application of mind, affecting the right to contest elections

Issues

Whether the impugned notification reserving wards for municipal elections is arbitrary and violates the constitutional scheme?

Judgment Excerpts

praying to quash the impugned notification dated 10.08.2018 at Annexure-A issued by the R-3 authorities in so far as Ward No.19 is concerned and consequently, direct the respondent, direct the respondent authorities to reserve Ward No.19 for General category as per the draft notification dated 26.06.2018 at Annexure-B praying to quash the notification dated 10.8.2018 issued by the R-1 [Annexure-C]

Procedural History

The writ petitions were filed directly in the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging the reservation notifications.

Acts & Sections

  • Constitution of India, 1950: Articles 226, 227
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High Court High Court of Karnataka Examines Legality of Ward Reservation Notification in Municipal Elections. Petitioners Seek Quashing of Notification Reserving Ward No.19 for Scheduled Caste Category Alleging Arbitrariness and Violation of Legal Provisions.
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