- 1 - HC-KAR NC: 2025:KHC-K:2761 WP No. 201460 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO. 201460 OF 2025 (LB-ELE) BETWEEN: ASHOK S/O MARUTI TAMGONDA, AGE:35 YEARS, OCC: GRAM PANCHAYAT MEMBER, R/O. VILLAGE KUTTABAD, TQ. AND DIST.BIDAR. …PETITIONER (BY SRI HANMANTHRAYA SINDOL, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY GRAM SWARAJ AND PANCHAYAT RAJ DEPARTMENT, M.S.BUILDING, BENGALURU – 560001. 2. THE DEPUTY COMMISSIONER, BIDAR–585401. 3. THE GRAM PANCHAYAT YADALAPUR, TQ. AND DIST.BIDAR – 585401, REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 AND R2 V/O DATED 29.05.2025 NOTICE TO R3 DISPENSED WITH) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2761 WP No. 201460 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION NO.ZÀÄ£Á/UÁæ.¥ÀA/¹.Dgï/69/2022-23 DATED 22.06.2023 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-G. II) ISSUE A WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO CONSIDER THE REPRESENTATION DATED 22.05.2025 FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R.NATARAJ ORAL ORDER (PER: HON'BLE MR. JUSTICE R.NATARAJ) The petitioner has sought for a writ in the nature of certiorari to quash the notification bearing No.ZÀÄ£Á/UÁæ.¥ÀA/¹.Dgï/69/2022-23 dated 22.06.2023 and for a direction to the respondent No.2 to consider the representation dated 22.05.2025. 2. It is the contention of the petitioner that he is a resident of Kuttabad village, Bidar Taluk and District and belongs to Scheduled Tribe. He was elected as a member of the Gram Panchayat, Yadalapur from the reserved - 3 - HC-KAR NC: 2025:KHC-K:2761 WP No. 201460 of 2025 constituency on 28.10.2022 and his tenure would end on 21.11.2027. He contends that the respondent No.2 reserved the posts of Adhyaksha and Upadhyaksha in Bidar Taluk and District to all the Gram Panchayats as per the notification dated 10.06.2010, 10.10.2012, 19.06.2015, 22.01.2021 and 22.06.2023. He claims that in all these notifications, the post of Adhyaksha and Upadhyaksha was not reserved to Scheduled Tribes and therefore, he submitted a representation dated 22.05.2025 requesting the respondent No.2 to consider reserving the post of Adhyaksha and Upadhyaksha for Scheduled Tribe. He claims that the respondent No.2 without considering the representation, proceeded to conduct elections to the post of Adhyaksha and Upadhyaksha as per the reservation declared in the notification dated 22.06.2023. 3. Learned counsel for the petitioner submits that even after four rotations, the post of Adhyaksha and Upadhyaksha is not reserved for Scheduled Tribes, though - 4 - HC-KAR NC: 2025:KHC-K:2761 WP No. 201460 of 2025 the Scheduled Tribes population in the panchayat area is much larger than other panchyats. He contends that in the latest notification dated 22.06.2023, the post of Adhyaksha and Upadhyaksha is earmarked for General and Scheduled Tribe Women respectively. He claims that in view of this continued reservation for various categories, the petitioner is deprived of an opportunity to contest. 4. Learned Additional Government Advocate on the other hand contended that rotation of reservations is based on various criteria and that respondent No.2 after taking into consideration, the population of reserved categories and other criteria has reserved the post of Adhyaksha and Upadhyaksha to General and Scheduled Tribe Women. He further contends that the petitioner cannot now assail the notification dated 22.06.2023 at this point of time. However, he submits that the respondent No.2 shall consider the representation of the petitioner - 5 - HC-KAR NC: 2025:KHC-K:2761 WP No. 201460 of 2025 and if there are any merits to revisit the reservation, the respondent No.2 shall pass appropriate orders. 5. After perusing the writ petition, this Court is not satisfied with the reasons mentioned by the petitioner to upset the notification dated 22.06.2023. The process for rotating the reservation depends upon various criteria including the population of Scheduled Castes and Scheduled Tribes and other categories residing in the panchayat area. Whenever there is a rotation of reservation, there is a likelihood of either Adhyaksha and Upadhyaksha being reserved for one or the other categories. If the petitioner has not been able to contest for the post of Adhyaksha and Upadhyaksha on account of posts being reserved for particular category, that cannot be a ground to upset the reservation. However, the respondent No.2 was bound to consider the representation filed by the petitioner before proceeding with the elections to the post of Adhyaksha and Upadhyaksha. Consequently, the writ petition is disposed of on the following terms: - 6 - HC-KAR NC: 2025:KHC-K:2761 WP No. 201460 of 2025 i) The notification bearing No.ZÀÄ£Á/UÁæ.¥ÀA/¹.Dgï/69/2022-23 dated 22.06.2023 is not disturbed. ii) The representation of the petitioner dated 22.05.2025 shall be considered by the respondent No.2 before 04.06.2025 and appropriate endorsement shall be issued to the petitioner. Learned Additional Government Advocate is permitted to file memo of appearance for respondents No.1 and 2 before 04.06.2025. Sd/- (R.NATARAJ) JUDGE MCR List No.: 1 Sl No.: 15 CT:PK