Karnataka High Court
A S Nagarajappa vs State Of Karnataka on 28 September, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT APPEAL NO.6/2022(LB-ELE)
BETWEEN:
A.S. NAGARAJAPPA
S/O SIDDARAMAPPA
AGED ABOUT 54 YEARS
ASUNDE VILLAGE
GADIHALLY POST
AJJAMPURA TALUK
CHIKKAMAGALUR DISTRICT. ...APPELLANT
(BY SRI B.K. MANJUNATH, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SECRETARY
DEPARTMENT OF PANCHAYAT
RAJ AND RURAL DEVELOPMENT
M.S. BUILDING
BANGALORE - 560 001.
2. KARNATAKA STATE ELECTION
COMMISSION, REPRESENTED BY
ELECTION COMMISSIONER
NO.8, 1ST FLOOR KSCF BUILDING
CUNNINGHAM ROAD
BANGALORE - 560 052.
2
3. DEPUTY COMMISSIONER
CHIKAMAGALUR DISTRICT - 577 547.
4. GADIHALLY GRAMA PANCHAYATH
AJJAMPURA TALUK
CHIKKAMAGALURU
DISTRICT - 577 547.
5. PRESCRIBED OFFICER &
LECTURER, GADIHALLY GRAMA
PANCHAYATH, AJJAMPURA
TALUK CHIKKAMAGALUR
DISTRICT - 577 547.
6. TAHSILDAR
AJJAMPURA TALUK
AJJAMPURA CHIKKAMGALUR
DISTRICT - 577 547.
7. T. SOBHA
MEMBER, GADIHALLY GRAMA
PANCHAYATH, AJJAMPURA
TALUK, AJJAMPURA CHIKKAMAGALUR
DISTRICT - 577 547. ...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1, 3, 4, 5 & 6)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO QUASH THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.
4085/2021 DATED 15.11.2021 AND ALLOW THE WRIT PETITION
AND ETC.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS
DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
3
JUDGMENT
This intra court appeal arises against the order dated
15.11.2021 passed by the learned Single Judge, by which the
writ petition preferred by the appellant has been dismissed.
2. Facts giving rise to the filing of this appeal briefly
stated are, that the appellant is a resident of Gadihally
village, Ajjampura Taluk, Chikkamagalur District. The election
for the post of Adhyaksha and Upadhyaksha of Gadihally
Gram Panchayath were notified. The aforesaid notification
was assailed by the appellant in W.P.No.2103/2021. The said
writ petition was disposed of by order dated 02.02.2021 inter
alia on the ground that the same is premature.
3. A resolution dated 03.02.2021 was passed by the
Gram Panchayath, by which the post of Adhyaksha was
reserved for BCM 'A' (Women) category candidate. The
aforesaid resolution was challenged by the appellant in the
writ petition which has been dismissed by the learned Single
Judge by order dated 15.11.2021. In the aforesaid facts and
circumstances, this appeal has been filed.
4. Learned Counsel for the appellant submitted that the
learned Single Judge erred in not taking into consideration
the notification issued by respondent no.3 reserving the post
of Adhyaksha for BCM 'B' (Women) category to respondent
no.4-Gram Panchayath. In the absence of any candidate from
that particular category, it ought to have appreciated that the
notification is illegal and is arbitrary and contrary to Section
44(2)(a) & (b) of the Karnataka Gram Swaraj and Panchayat
Raj Act, 1993 (for short, 'Act of 1993').
5. We have considered the submission made by the
learned Counsel for the appellant and have perused the
records.
6. The relevant extract of Section 44 of the Act of 1993
reads as under:
"44. Election of Adhyaksha and
Upadhyaksha.- (1) Every Grama Panchayat
shall, 1[within one month from the date of
publication of names of elected members
under sub-section (8) of section 5]1, 2[or
immediately before the expiry of term of office
of Adhyaksha and Upadhyksha]2 choose two
members of the Grama Panchayat to be
respectively Adhyaksha and Upadhyaksha. In
the event of occurrence of any vacancy by
reason of death, resignation, removal or
otherwise in the office of Adhyaksha or
Upadhyaksha, the Grama Panchayat shall
choose another member to be the Adhyaksha
or the Upadhyaksha, as the case may be.
(2) Subject to the general or special order of
the 1[State Election Commission]1, the Deputy
Commissioner shall reserve,-
(a) such number of offices of Adhyaksha and
Upadhyaksha of Grama Panchayats in the
State for the Scheduled Castes and Scheduled
Tribes and the number of such offices bearing
as nearly as may be the same proportion to
the total number of the offices in the State as
the population of the Scheduled Castes in the
State or of the Scheduled Tribes in the State
bears to the total population of the State.
[x x x x]
(b) such number of offices of Adhyakshas and
Upadhyakshas of the Grama Panchayats, which
shall as nearly as may be, one-third of the
total number of offices of Adhyaksha and
Upadhyaksha in the State for the persons
belonging to the Backward Classes: 2[But the
number of offices of Adhyakshas and
Upadhyakshas reserved for the Backward
Classes under this clause shall be so
determined, that the total number of offices of
Adhyaksha and Upadhyaksha reserved for the
Scheduled Castes and the Scheduled Tribes
under clause (a) and the Backward Classes
under this clause shall not exceed fifty per cent
of the total number of offices of Adhyaksha
and Upadhyaksha of the Grama Panchayaths in
the State.]
1[Provided that out of the offices reserved
under this clause eighty per cent of the total
number of such offices shall be reserved for
the persons falling under category 'A' and the
remaining twenty per cent of the offices shall
be reserved for the persons falling under
category 'B':
Provided further that if no person falling under
category 'A' is available, the offices reserved
for that category shall also be filled by the
persons falling under category 'B' and Vice
versa.]1"
7. In the instant case, no candidate under BCM 'B'
(Women) category got elected in the election conducted to
the post of Adhyaksha and Upadhyaksha, and therefore, in
view of the second proviso to sub-section (2) of Section 44 of
the Act of 1993, the post is reserved for BCM 'A' (Women)
category. The aforesaid reservation has been provided in
consonance with the second proviso to Section 44(2) of the
Act of 1993 and cannot be termed as contrary to the
provisions of Sections 44 & 45 of the Act of 1993. The learned
Single Judge has, therefore, rightly declined to entertain the
writ petition.
8. For the aforesaid reasons, we do not find any merit
in this appeal and the same is hereby dismissed.
SD/-
ACTING CHIEF JUSTICE
SD/-
JUDGE
KK
