- 1 - NC: 2025:KHC:6359 WP No. 11267 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11267 OF 2024 (LB-RES) BETWEEN: 1. SMT. SUJATHA W/O SRI ASHOK KUMAR, AGED ABOUT 31 YEARS, R/AT NO.32, BHEERAPPANAHALLI, SHIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT-562 105. …PETITIONER (BY SRI. S NARAYANA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY PANCHAYATH RAJ AND RURAL DEVELOPMENT DEPARTMENT, M.S.BUILDING, DR.B.R.AMBEDKAR BEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA-562 101. 3. THE AUTHORISED OFFICER SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (ZILLA PANCHAYATH) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6359 WP No. 11267 of 2024 SHIDLAGHATTA, CHIKKABALLAPURA DISTRICT-562 105. 4. THE PANCHAYATH DEVELOPMENT OFFICER KOTTANUR GRAMA PANCHAYATH, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562 105. 5. SMT. PARVATHAMMA W/O SRI. SRINIVASA, AGED ABOUT 45 YEARS, R/AT GORAMAGADU VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562 105. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1 TO R3; SRI. M S DEVARAJU, ADVOCATE FOR R4; SRI. ASHWATH C M, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE MEETING/PROCEEDINGS DTD 07.08.2023 PASSED BY THE R4 VIDE ANNEXURE-F I.E. THE PANCHAYATH DEVELOPMENT OFFICER, KOTHANUR GRAMA PANCHAYATH AND CONSEQUENTLY ELECT PETITIONER FOR THE POST OF PRESIDENT AT 4-KOTHANUR GRAMA PANCHAYATHI, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT ONLY PETITIONER CONCERN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:6359 WP No. 11267 of 2024 ORAL ORDER 1. The petitioner is aggrieved by the reservation made to the post of Adhyaksha to a Scheduled Caste (Woman) category. 2. The petitioner is actually aggrieved by the fact that respondent No.5 had contested the election and was also successful being elected as the Adhyaksha. 3. It is her contention that respondent No.5 was elected under the General category and therefore, she cannot be permitted to contest to the post of Adhyaksha, which is a post reserved for a candidate belonging to the Scheduled Caste (Woman). 4. According to the petitioner, it is only the members who had been elected under the reserved category of Scheduled Caste (Woman) who can contest for the post of the Adhyaksha which is reserved for Schedule Caste (Woman). - 4 - NC: 2025:KHC:6359 WP No. 11267 of 2024 5. A Co-ordinate Bench of this Court in W.P. No.18346 20231 has held as follows: “10. The points that would arise for determination are: (1) Whether a person who is elected in a general category can at a later point of time contest for the post of Adhyaksha and Upadhyaksha in a reserved category? x x x 12.17: Hence, I answer Point No.1 by holding that when a person is elected under a general category to a Gram Panchayat, he/she can at a later point of time contest for the post of Adhyaksha and Upadhyaksha in the reserved category so long as that person belongs to such reserved category.” 6. In light of the aforesaid order, it is obvious that the argument of the petitioner cannot be accepted and it would be open for respondent No.5 to contest to the post of Adhyaksha notwithstanding the fact that she 1 W.P. No.18346 of 2023, disposed of on 31.10.2023 (Smt.Chaitra vs. State of Karnataka and others) coram: Hon’ble Mr.justice Suraj Govindraj - 5 - NC: 2025:KHC:6359 WP No. 11267 of 2024 had been elected as a member under the General Category. 7. Consequently, there is no merit in the writ petition and the petition is accordingly dismissed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 59