Case Note & Summary
The petitioners, elected members of the Town Municipal Council, Kampli, challenged a notification dated 23/08/2013 issued by the State of Karnataka (respondent No.1) under Article 226 and 227 of the Constitution of India. The notification reserved the office of President of the Council for Scheduled Caste (Woman) in the Seventh term. The petitioners contended that in the Sixth term, the same office was reserved for Scheduled Caste (General), and thus the reservation for the same category in consecutive terms violated the rotation policy under Article 243T of the Constitution and the Karnataka Municipalities (Reservation of Offices of President and Vice-President) Rules, 1995. The Court examined the notification and the relevant rules, noting that Rule 3 of the Rules mandates rotation of reservation among different categories. The Court found that the impugned notification indeed reserved the President post for Scheduled Caste in the Seventh term, which was the same category as in the Sixth term, thereby breaching the rotation principle. The Court quashed the notification insofar as it pertained to the Town Municipal Council, Kampli, and directed the respondents to issue a fresh notification in accordance with law. The judgment emphasized that the reservation policy must ensure that no category is reserved for the same office in consecutive terms to maintain fairness and rotation.
Headnote
A) Municipal Law - Reservation of Offices - Rotation Policy - Article 243T of Constitution of India, Section 42 of Karnataka Municipalities Act, 1964, Rule 3 of Karnataka Municipalities (Reservation of Offices of President and Vice-President) Rules, 1995 - The impugned notification reserving the office of President of Town Municipal Council, Kampli for Scheduled Caste (Woman) in the Seventh term was challenged on the ground that the same office was reserved for Scheduled Caste in the Sixth term, violating the rotation policy. The Court held that the reservation for Scheduled Castes cannot be repeated in consecutive terms and quashed the notification insofar as it pertained to the said Council. (Paras 1-8) B) Municipal Law - Interpretation of Statutes - Rule 3 of Karnataka Municipalities (Reservation of Offices of President and Vice-President) Rules, 1995 - The Court interpreted Rule 3 to mean that the reservation of offices of President and Vice-President must be rotated among different categories and no category can be reserved for the same office in two consecutive terms. The Court found that the impugned notification violated this rule. (Paras 5-7)
Issue of Consideration
Whether the impugned notification dated 23/08/2013 reserving the office of President of Town Municipal Council, Kampli for Scheduled Caste (Woman) in the Seventh term is valid when the same office was reserved for Scheduled Caste in the Sixth term?
Final Decision
The writ petitions are allowed. The impugned notification dated 23/08/2013 (Annexure-B) insofar as it pertains to Town Municipal Council, Kampli (Sl.No.43) is quashed. The respondents are directed to issue a fresh notification in accordance with law.
Law Points
- Reservation of offices of President and Vice-President in Municipal Councils must follow rotation policy under Article 243T of Constitution and Rules framed thereunder
- Reservation for Scheduled Castes cannot be repeated in consecutive terms
- Interpretation of Rule 3 of Karnataka Municipalities (Reservation of Offices of President and Vice-President) Rules
- 1995
