Case Note & Summary
The High Court of Karnataka at Bengaluru took up a batch of writ petitions filed under Articles 226 and 227 of the Constitution of India, challenging the reservation of wards for urban local body elections. The lead petition, W.P. No.44499/2018, was filed by Mr. Ravindra Nayak against the Karnataka State Election Commission, the Mangalore City Corporation, the State of Karnataka, and two corporators. The petitioner sought to quash a notification dated 10.08.2018 insofar as it related to Ward No.19 of the Mangalore City Corporation, and to direct the respondents to reserve that ward for the General category as per the draft notification dated 26.06.2018. Similar challenges were raised in the connected matters involving various urban local bodies across Karnataka, including Town Municipal Councils and City Municipal Councils, against notifications issued on 30.07.2018 and 10.08.2018. The core allegation was that the State Government had arbitrarily altered the reservation categories from those indicated in the draft notifications, without following the rotational norms, and thereby rendered the reservation exercise unfair and violative of constitutional provisions. The respondents, including the State Election Commission and municipal authorities, appeared through counsel and defended the impugned notifications. The matters were heard together by a single judge, Justice S. Sunil Dutt Yadav, and judgment was pronounced on 14th January 2019.
Headnote
A) Municipal Law - Reservation in Local Bodies - Validity of reservation notifications altering draft reservation - Constitution of India, Articles 226, 227 - Petitioners challenged notifications dated 10.08.2018 and 30.07.2018 which reserved certain wards for SC/ST/Backward Classes different from the draft notifications, contending that the changes were arbitrary and violated the rotation principle. The Court heard the batch of petitions and passed appropriate orders. (No specific paragraphs).
Issue of Consideration
Whether the final reservation notifications altering the draft reservation of wards for urban local body elections are arbitrary and liable to be quashed
Law Points
- Judicial review of reservation notifications under Articles 226 and 227
- principle of reservation rotation
- alteration of draft reservations without justification may be arbitrary
