The Hindu : Front Page : Panchayat quota allotment order quashed

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Friday, Jul 01, 2005

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Panchayat quota allotment order quashed

Staff Reporter

High Court holds rules void, orders elections in three months

BANGALORE: The Karnataka High Court on Thursday quashed the State Election Commission (SEC) notification on the allotment of reserved seats to constituencies in zilla and taluk panchayats.

It held void the Karnataka Panchayat Raj (Reservation of seats in zilla and taluk panchayats by rotation) Rules, 1998, and directed the respondents to hold, within three months, elections to these local bodies for the 2005-2010 term.

A Division Bench comprising Justice H. L. Dattu and Justice H.N. Nagmohan Das partly allowed writ petitions by H.C. Yeshwanth Kumar and others challenging the rotation of reserved seats and seeking quashing of the SEC notification on delimitation of constituencies.

It said the allotment of seats on the basis of population and taluks was contrary to the provisions of the Constitution and the Karnakata Panchayat Act of 1993, which specified reservation of seats to the Scheduled Castes (SC) and the Scheduled Tribes (ST) by rotation in different constituencies in a panchayat.

Holding that the notification on the allotment of reserved seats was based on the 1998 rules which it had quashed, the Bench directed the respondents to allot, by rotation, reserved seats for Scheduled Castes, Scheduled Tribes, backward classes (BC) and women as per Section 162 of the Karnataka Panchayat Act of 1993 (the parent Act) and Article 243 -- D of the Constitution (dealing with reservation of seats to SC and ST).

While rejecting the petitioners' contention on delimitation, the Bench observed: "Transparency is a must for the growth of healthy democracy, and in a democratic setup, the voters have a right to know how delimitation of constituencies is done and how the reserved categories of seats are allotted by rotation to different constituencies in a panchayat."

It said it is important to hold elections regularly and ensure that they are free and fair.

"We trust the Government and the SEC to frame rules or guidelines to translate into reality in letter and spirit the mandate in Article 243-D of the Constitution," the Bench said.

It said the SEC, while reserving the seats, took into consideration only the reservation made in 2000 and not that in 1995.

Rotation means "rotating in succession," and the objective is to provide an opportunity of representation to every section.

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