HC rejects State's writ plea on quota for top municipal posts

BANGALORE, SEPT. 24. Mr. Justice G.C.Bharuka and Mr. Justice A.V.Srinivasa Reddy, constituting a Division Bench in the High Court of Karnataka, on Monday dismissed a writ appeal filed by the State of Karnataka relating to reservation by rotation to the posts of president and vice-president of city and town municipal councils and other local bodies.

The judges granted time till December 3, 2001 to the State to frame rules relating to the two posts and, within seven days thereafter hold election to the posts.

The writ appeal arose out of a batch of writ petitions filed by the elected members of the various local bodies challenging Sub Rule 6 of Rule 13 of the Karnataka Municipalities (President and Vice-President) Election Rules, 1968 amended in 1995. (The rule provides for reservation by rotation to the office of the president and vice-president of the local bodies in respect of Scheduled Caste, Scheduled Tribe, Women, and Backward Class categories).

A single judge of the court, while allowing the writ petitions on June 15, 2001, quashed Sub Rule 6 of Rule 13 and also quashed the notifications issued on May 30, 2001 and June 2, 2001 by which reservation for the two posts had been notified.

The two judges observed that the Advocate General conceded that the State would immediately frame rules in the manner in which the reservation by rotation to the office of the chairpersons in the municipalities had to be made, and the executives would not have any discretion in this matter.

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Section  : Southern States
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