High Court of Karnataka Hears Batch of Writ Petitions Challenging Reservation of Wards in Municipal Corporations and Councils Across Karnataka. Petitions filed under Articles 226 and 227 sought to quash notifications issued by the State Government reserving certain wards for specific categories, alleging that the exercise was arbitrary and contrary to law.

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

KAHC010179592018_1

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Case Details

2019 LawText (KAR) (01) 32

W.P. No.44499/2018 (LB-ELE) and connected writ petitions (W.P. Nos.50796/2018, 53609-53611/2018, 54664/2018, 43519/2018, 44520/2018, 50791-794/2018, 51593-51596/2018, 50447/2018, 53599/2018, 38720/2018, 35959/2018, 53832/2018, 53495/2018, 40752-40756/2018, 53279/2018, 55599/2018, 53120/2018, 52537/2018, 52996-997/2018, 54041-42/2018, 32063/2018, 40746-750/2018, 332/2019, 370/2019, 371/2019, 373-374/2019, 570/2019, 571/2019, 861-865/2019, 872/2019, 1212-1216/2019, 52008/2018, 41987/2018, 49473-474/2018, 36970/2018, 36971/2018, 36972/2018, 55976/2018)

2019-01-14

S. Sunil Dutt Yadav

Sri Abishek Marla M.J. (for petitioner in W.P. No.44499/2018); Sri K.N. Phaneendra, Smt. Vaishali Hegde (for R-1); Sri Vishwajith Shetty (for R-2); Sri Dinesh Rao, Smt. Prathima Honnapura (for R-3); Sri S. Rajashekar (for R-4); and corresponding advocates for other petitions as per the cause list.

Mr. Ravindra Nayak (in W.P. No.44499/2018) along with numerous other writ petitioners from various districts of Karnataka.

Karnataka State Election Commission, Mangalore City Corporation, State of Karnataka (Department of Urban Development), Smt. Kavita Sanil, Sri Mahabala Marla, and the respective State authorities and local bodies in other connected petitions.

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Nature of Litigation

Writ petitions under Articles 226 and 227 of the Constitution of India challenging the reservation of wards in various urban local bodies (municipal corporations, city municipal councils, town municipal councils) across Karnataka for the purposes of local body elections.

Remedy Sought

The petitioners sought to quash the impugned notifications issued by the State Government or the Urban Development Department reserving specific wards for certain categories (e.g., General, Backward Classes, etc.), as they allegedly violated constitutional provisions and statutory rules. Some petitioners also sought a direction to restore the draft notification or to reserve the wards in a particular manner.

Filing Reason

The State Government had issued final notifications (e.g., dated 10.08.2018 and 30.07.2018) that altered or finalized ward reservations, which the petitioners claimed were arbitrary, based on extraneous considerations, or not in compliance with the Karnataka Municipal Corporations Act, 1976 / Karnataka Municipalities Act, 1964 and relevant rules.

Acts & Sections

  • Constitution of India: Articles 226, 227
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