1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20?" DAY OF AUGUST 2009 PRESENT THE HON'BE_E MR. P.D. DINAKARAN, H AND THE HON'Bi_E MR.3UsTIc"E"v;G.. SADHAAHIT wRIT APPEAL No.2880/2.GCr9V_A.(LBEELAI§)v = " BETWEEN CHANNABASSAP-RA I AGED ABOUT 62"A-YEARS, S/O KONDAPPA R/O BANc;ARA:<KAMAj~wGUDDA' V7 3AGALU,R-TA-LUK, I DAVANAGERE D1sT'RIcT., APPELLANT. (By srg: TRAJA RA-MA,7ADVI., ) 3] OTHER OF KARANTAKA L"--BYE-._ITS "SECRETA RY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RA3, M.S.BUIE.DING, L "BANGALORE DAVANAGERE ZILLA PANCHAYATH NH 4, LOKIKERE ROAD, DAVANAGERE, BY ITS CHIEF EXECUTIVE OFFICER. RESPONDENTS
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Class and for a direction to the respondent to redo the
entire reservation process strictly in accordance..’wlith_”law
and reserve the post of the Ad hyaksha of Dava-naégjjelre
Panchayat to the General Catego_ry.,,__’by ofu”
mandamus.
2.1 It is averred ..petiti:on_.i§that the
petitioner is a ~ Davanagere
Zilia Panchayatv forythse 2011. The
Karnataka__P»a’ncti*a’vat~vii;aj_€Act, {hereinafter calied the
‘Act’), %%%% of the local seif
Gover{nmentsV’lli–‘ri,the -‘Taluk and Zilla Panchayats.
Sectionlé1.7:_”Z’r’ with the election of the
Adhrgaksha an’d._V_VtJbadViiyaksha of a Zilla Panchayat. The
oviifoftiiécevof the Adhyaksha of a Zilla Panchayat is a
Al”p_e’ri_(‘)d and the term of the member of the
Ziilla— Pa–.nct;~avat is a period of five years from the date of
hiseiection. The reservation of the post of Adhyaksha for
‘p’e’rs*o:ns belonging to Scheduled Caste, Scheduled Tribe,
-backward ciass and women is on the basis of rotation in
order to ensure that the members of all categories
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Enciuding Generai Category get equitabie opportunity to be
eiected to the post of Adhyaksha of the Ziiia Panchay’a.ti”‘–VV’
2.2 It is further averred that ,ai4thou.g’h’ p’olE_cy ‘ouf””
rotation with regard to reservation”A~For’Vtha:”‘positsfiofy
Adhyaksha was meant to ensure that they reVpres’ent3§tives’~»i’
beionging to reserved;__categoyri.es»»igetuna f.airr0o,ppoi3tunity to
get eiected to the rlozt,f},fpr””–tyiieiV’Davanagere Zilla
Panchayat, the in virtuai
monopoiizationég iast one decade’
Petitionervhasf:’pVr:3dv_céd’ }showing the reservation
made for._theV’i’po’sti:’ofy”Adiriyaksha in the Davanagere Ziiia
PanchayatflasVvipervirinegrorie ‘A’ to the writ petition.
Acco§rd’ing to t’iie_VVpVetiti:oner, from 2000 to 2008, there has
ybeeh reserva–tion in favour of ali categories except the
Accordingly, for the last decade, the
mernberrs. ofithe Davanagere Zilla Panchayat belonging to
.Vg:’thet__C5er1e.rai Category have not had an opportunity to be
eiecied to the post of Adhyaksha.
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2.3 It is further averred that the notification issued
by the first respondent dated 04.05.2009, which reserves
the post of Adhyaksha for Backward Class members
violates the spirit of the rotation policy that is envisaged
under Section 177 of the Act and the action on the
the first respondent in not providing any opportiuynity ”
members beionging to the General»–.Céate’gol_tv:’i*iis_ witFi»0i)t’ 0′
authority of law and illegal l’actilon_ToT;_
respondent in reserving the for” the .p’a.ckw:ard “class”
category when the said posts.—-hVad.aireadyfi’bveeniresen/ed
twice in the last four and violative of
the rotation pVo’?ic’y._venvisaged’ under the Act and wherefore
the WritéPetiition”‘was’ filiédseeking for the above referred
reliefs.” 0
Petition was dismissed by the learned
single v;1i}dg”e by order dated 20.07.2009 and being
u”:”.v4.”‘**jaggirievved by the same, the petitioner in W.P.
isfo;14A745/2009 has preferred this appeal.
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4. We have heard the learned counsel appearing
for the appellant.
5. Learned counsel appearing for the _4app.4el~l.ant
submitted that the notification issued
respondent reserving the post of.–‘”Adl§ya’ksh’aV
Davanagere Zilla Panchayat, in fa.you_-roof? B”;’:i.’C’l'(.V\V!’al'(‘:lVVV::C’.’l-*:_’.3’S’:.3v”‘”
Aa (woman) is erroneous and.._forV’th_e’ lastiV’V:1’0..yjyears;
post of Adhyaksha had neyie”i?,::_i’;-e_en for the
General Category. Lea.r.r:Te_d 5:_:ou_n.seli._fu.rt~h_er submitted that
the said notification isvylwi–ap_lew to tie_ as the same is
contrary to of -‘Section 177 of the Act and
also contraryto* the rotaétilon policy, which is meant to
achi_eyeathe object ofireservation to persons belonging to
all_cate’g.orie”s–,Vincluding ‘General’ category.
‘v”We have given careful consideration to the
V. co.n_tfenti’ons oft the learned counsel for the appellant and
l ‘s.cru’tinized the materiai on record.
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7. The material on record would clearly show that
there is no merit in the contention of the learned”rcfoun–s’el
appearing for the Appellant that the post of
never been reserved for the ‘Gen__er.a,l__’4 catet_j’o’ry.’jVi»nlthéerylast V’
10 years i.e., since 2000 till :’2AOGf9r~as
Droduced by the appellant tillfrntself A’ toe’
the writ petition, would cleayrl.yiA’s:howy’that”thesaid post of
Adhyaksha in Davnaglefre ‘4″PajncVhayat, had been
reserved for General the years
2ooo, 2oo_3i.;§nd§j 2fo0s;,: prepared by the
appellavnt_ls”n.ot as the same does not
reveal’-.__about’tl:e.._:i:rese’rvat.ion-‘ made for the year 2004.
Further,’th_e by the first respondent
datejd “G4.O5.2Q.r):f9:V’w0lild clearly show that the same has
been lsSuecl’«..iVn accordance with the provisions of Section
as per the rotation policy, the post of
Adhyal<sha'v'ln the Davanagere Zilla Panchayat has been
"_"'reServed' in favour of Backward Class — Aa (woman).
Learned counsel appearing for the appellant is unable to
-point out as to how the reservation made for the post of
Adhyaksha in Davanagere Zilla Panchayat in favour of
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Backward class — Aa (woman) is contrary to the proyisions
of Section 177 of the Act and the rotatio4n”‘~i,’policy.
Therefore, it is clear that there is no meri.t”–lnv.ith:e”*~w.r’itA
petition and the same has been_,righ_tly if
learned single judge and the imzpugfrjeciy
the learned singie Judge does”n.ot’ suffer from a’n_y”ver.’or or* ‘
illegality as to call inte_rfeA’rencegA lnlthis, initra-Court
appeal. The petitioner”flappeigrnt.hlelrein)’,having filed the
writ petition conte_ndEng”‘that; itdhyaksha in the
Davanagere. reserved for
Backwardgvcvfilass iinable to point out as to
how the ‘contrary to the provisions of
Section contrary to the principle of
rotat_§ion,u.whichlyisvmeant for enabling the persons of all
Zcawtegorles,.in::ludEng the ‘General’ category, to become
Aif}\d’hyaAk’shav_..V.ofV~:;th.e Zilla Panchayat. The appellant herein,
withouti~..’ha’v’i”‘ng any basis for impugning the notification
.:issi.aed byfithe first respondent dated 04.65.2069, reserving
._’t’he”p’ost of Adhyaksha in aavanagere Zilla panchayat in
-ifayour of Backward class ~ Aa (woman), filed the writ
petition and the same was dismissed and thereafter, he
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has chosen to file this writ appeai, which is devoid of any
merit. Accordingiy, we hoid that the writ appeai is iia__bie to
be dismissed with costs and pass the foiiowing
The Writ Appeai is dismissedt.tiw’i’tVh_VI¢ost ”
Rs.10,000/— (Rupees Ten
deposited within six weeks Vfirom totiaij/; faiiingii
shaii be taken for recovery of”tf1e cost’ i-n«VV’ac:cord§ance with
iaw.
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