Case Note & Summary
These writ petitions were filed under Articles 226 and 227 of the Constitution of India challenging the final notification dated 19.07.2018 issued by the State Government concerning reservation of seats in Mysuru and Shivamogga Municipal Corporation wards. The petitioners, belonging to general, BCA, BCB, and SC categories, contended that the State Government, after issuing a draft notification on 19.06.2018 calling for objections within seven days, reserved wards contrary to the rotation policy mandated by the Government Order dated 07.05.2007 and Section 7 of the Karnataka Municipal Corporations Act, 1976. Specifically, in wards such as Ghousianagar A Block Usmania Ward No.32, the reservation for General Women was repeated for three consecutive terms (2007, 2013, 2018), violating guidelines 12 and 13 which prohibit repetition of the same category in succeeding terms and prohibit reservation of a ward for women in any category in the succeeding term if it was reserved for women in the previous term. The petitioners also argued that the seven-day objection period was inadequate and contrary to judicial precedents. After hearing detailed arguments and reliance on several judgments, the court reserved the matter for pronouncement of orders. The judgment text provided does not include the final decision or reasoning of the Court. The case underscores the necessity of strict compliance with rotation policy in ward reservations to ensure fair representation across categories, as mandated by statute and constitutional provisions.
Issue of Consideration
Whether the final notification dated 19.07.2018 issued by the State Government reserving seats for municipal corporation wards violated Section 7 of the Karnataka Municipal Corporations Act, 1976 and the principles of rotation as per Government Order dated 07.05.2007 and Article 243T of the Constitution of India.
Law Points
- rotation policy for ward reservation
- no repetition of same category in successive terms
- seat reserved for women in one term not to be reserved for women in any category next term
- Article 243T of Constitution
- Section 7(4) of Karnataka Municipal Corporations Act
- 1976
- Government Order dated 07.05.2007 guidelines 12 and 13
- draft notification objections time of seven days
Case Details
2018 LawText (KAR) (08) 32
Writ Petition No. 31722/2018 (LB-ELE) c/w W.P. Nos. 32294/2018, 32779-32780/2018, 32890/2018, 33436/2018
Ravi H.K., M. Krishnappa, Manmohan P.N., V.R. Sarathy, Uday Holla, Prathima Honnapura, K.N. Phaneendra, H.R. Showri, M.P. Geetha Devi
P. Umesh, M. Anwarji, H. Jayaram, H.S. Jaishankar, Lokesha @ Lokesha M.K., Leelavathi
State of Karnataka (Department of Urban Development), State Election Commission, Deputy Commissioner Shimoga, City Corporation Shimoga, Mysore City Corporation, Deputy Commissioner Mysore
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Nature of Litigation
Challenge to the reservation of seats in municipal corporation wards for the upcoming elections, alleging violation of rotation policy and statutory provisions.
Remedy Sought
Petitioners sought to quash the final notification dated 19.07.2018 issued by the State Government insofar as it reserved certain wards to categories other than what was proposed in the draft notification or in violation of rotation policy.
Filing Reason
The final notification reserved wards to categories that were allegedly contrary to the draft notification and the rotation policy mandated by Government Order dated 07.05.2007 and Section 7 of the Act, thereby denying the petitioners an opportunity to contest.
Previous Decisions
The matter was heard and reserved for orders.
Issues
Whether the final notification dated 19.07.2018 reserving seats for municipal corporation wards violated the rotation policy as per the Government Order dated 07.05.2007?
Whether the respondents failed to follow the provisions of Section 7 of the Karnataka Municipal Corporations Act, 1976 and Article 243T of the Constitution of India in reserving the wards?
Whether the reservation of the same ward for General Women for three consecutive terms is permissible under the rotation policy?
Submissions/Arguments
Petitioners' counsel argued that the continuous reservation for General Women in certain wards for three consecutive terms violated the rotation policy and GO dated 07.05.2007, especially guidelines 12 and 13 which prohibit repetition of the same category in successive terms.
It was contended that the provision of only 7 days for filing objections to the draft notification was insufficient and contrary to judicial precedents.
Reliance was placed on judgments to assert that reservation must be strictly in accordance with Section 7 of the Act and Constitutional provisions.
In WP 31722/2018, it was argued that the change from General to General Woman in the final notification for Ward 23 was arbitrary and deprived the petitioner of an opportunity to contest.
In WP 33436/2018, the change from General to BCA Women for Ward 64 in the final notification was without basis.
Judgment Excerpts
the respondents have not followed the rotation policy.
the State Government issued draft notification on 19.06.2018...calling for objections...within seven days
Ward No.32 was continuously and repeatedly reserved for General Woman for last three elections...contrary to the roster policy.
As per Government Order dated 07.05.2007 guideline Nos.12 and 13...the principles of rotation...ensure that there is no repetition of reservation of seats with reference to reservation in the previous terms.
A seat reserved for Women in previous term shall not be reserved for Women in any category in the succeeding term.
Procedural History
The petitioners filed writ petitions under Articles 226 and 227 challenging the final notification dated 19.07.2018. The court heard the arguments of the counsel for all parties and reserved orders for pronouncement.
Acts & Sections
- Karnataka Municipal Corporations Act, 1976: Section 7(2), 7(3), 7(4)
- Constitution of India: Article 243T
