Order on quotas for top local body posts quashed

By Our Correspondent

BANGALORE, JUNE 15. The Karnataka High Court today quashed the government notification on reservation for posts of presidents and vice-presidents in the urban local bodies. The court held that the notification was violative of the Constitution.

Mr. Justice V. Gopala Gowda quashed sub rule 6 of Rule 13 of the Karnataka Municipality (President and Vice-President) Election (Amendment) Rule, 1995, which provides for reservation for Scheduled Castes, Scheduled Tribes, backward classes and women, after allowing a batch of writ petitions filed by Mr. Ramappa of Ranebennur, and others.

The government notification was meant to provide for reservations in the election to the posts of presidents and vice- presidents of city municipal councils, town municipal councils and town panchayats. The petitioners had questioned the validity and legality of the rule.

The judge, while quashing the notification, made it clear that the order shall not affect the posts of presidents and vice- presidents of the urban local bodies to which elections had already been held.

During hearing, the petitioners submitted that they were councillors elected in the recent elections to the urban local bodies. The Government issued a notification on May 30 and June 2 this year reserving the posts of presidents and vice- presidents.

They said that the rule was arbitrary and in violation of the Constitution. Further, the Government had yielded to pressure from MLAs and others in issuing the notification.

The Advocate-General, who appeared on behalf of the State, said that the State had powers to frame the rule and it was valid.

Mr. Justice Gowda, after hearing counsel for the petitioners and the Advocate-General, held that Rule 13, sub rule 6 of the Karnataka Municipality (President and Vice- President) Election (Amendment) Rule, 1995 was violative of Article 14 of the Constitution and struck it down.

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Section  : Southern States
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