- 1 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107977 OF 2024 (LB-ELE) C/W WRIT PETITION NO. 107601 OF 2024 (LB-ELE) IN WP NO.107977 OF 2024: BETWEEN: VEENA W/O. SATAPPA BHOOVI AGE. 52 YEARS, OCC. MEMBER ANNIGERI, TMC, R/O. WARD NO.20, TQ. ANNIGERI, DIST. DHARWAD. …PETITIONER (BY SRI. SANTOSH B.MALLIGAWAD., ADVOCATE AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-01. 2. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL, DHARWAD. 3. THE DEPUTY COMMISSIONER DHARWAD DISTRICT. 4. THE ASSISTANT COMMISSIONER DHARWAD. 5. THE TOWN MUNCIPAL COUNCIL REPRESENTED BY ITS CHIEF-OFFICER, ANNIGERI, DIST: DHARWAD. R Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 6. THE TAHASILDAR, ANNIGERI. 7. SHIVANAND YALLAPPA BELAHAR AGE: 49 YEARS, OCC: COUNCILLOR, R/O. ANNIGERI TOWN, DIST: DHARWAD. …RESPONDENTS (BY SRI. GANGADHAR J.M., AAG ALONG WITH SRI. V.S. KALASURMATH, AGA FOR R1 TO R4 AND R6; SRI. MRITYUNJAY B. PUJAR, ADVOCATE FOR R5; SRI. SRINIVAS B. NAIK, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE NOTIFICATION DATED 16.12.2024 BEARING NO.STA/SANCHU/WAHI/01/2024-25 PASSED BY RESPONDENT NO.3, VIDE ANNEXURE-F AND ETC. IN WP NO.107601 OF 2024: BETWEEN: ALTAF KHARORI MOHIDDIN S/O. MOHAMMED NOORULLAH KHAROORI, AGE. 52 YEARS, OCC. VICE PRESIDENT, BHATKAL TMC, R/O. KIDWAI ROAD CROSS, BHATKAL, TQ. BHATKAL, DIST. UTTARA KANNADA. …PETITIONER (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-01. 2. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL, UTTARA KANNADA. 3. THE DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT. 4. THE ASSISTANT COMMISSIONER BHATKAL. - 3 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 5. THE TOWN MUNCIPAL COUNCIL REPRESENTED BY ITS CHIEF-OFFICER, BHATKAL, DIST: UTTARA KANNADA. 6. THE TAHASILDAR, BHATKAL. …RESPONDENTS (BY SRI. GANGADHAR J.M., AAG ALONG WITH SRI. V.S. KALASURMATH, AGA FOR R1 TO R4 AND R6; SRI. SANTOSH B. MANE, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE NOTIFICATION DATED 27.11.2024 BEARING NO.NAE/10/MLR/2024 PASSED BY RESPONDENT NO.1, VIDE ANNEXURE-F AND ETC. THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 24.02.2025, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CAV ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner in WP No.107977/2024 is before this Court seeking for the following relief: 1. Issue a writ in the nature of certiorari quashing the notification dated 16.12.2024 bearing No.Sta/Sanchu/Wahi/01/2024-25 passed by respondent No.3, vide Annexure-F. 2. Grant any other relief, which this Hon’ble Court may deem fit in the interest of justice and equity. - 4 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 2. The Petitioner in WP No.107601/2024 is before this Court seeking for the following relief: 1. Issue a writ in the nature of certiorari quashing the notification dated 27.11.2024 bearing No.NAE/10/MLR/2024 passed by respondent No.1, vide Annexure-F. 2. Grant any other relief, which this Hon’ble Court may deem fit in the interest of justice and equity. 3. Facts in WP No.107601/2024. 3.1. The petitioner claims to be an elected member of the Bhatkal Town Municipal Council of Ward No.23 for the 10th term, having contested the election under Category BCA (A). 3.2. Upon the completion of the election, respondent No.1-Principal Secretary, Urban Development Department, had issued a reservation chart for the post of President and Vice President. The said notification came to be challenged before this Court and was finally taken up before the Hon’ble Apex Court in SLP (Civil) No.7090 of 2021. Respondent No.1 filed an affidavit - 5 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 revising the reservation chart proposing a detailed scheme for conducting the elections for the post of President and Vice President. Thereafter, the Hon’ble Apex Court vide order 10.05.2022 permitted the State Government to conduct elections as per the revised chart of reservation. 3.3. Subsequent thereto, respondent No.1 issued a gazette notification on 05.08.2024 announcing elections to the post of President and Vice- President of the Town Municipal Council. 3.4. Another gazette notification came to be issued by respondent No.1 substituting the reservation chart that was used for the City Municipal Council and Panchayat. 3.5. According to the petitioner, there are 123 seats each for the post of President and Vice President. Out of which, 11 posts are reserved for the SC category and 10 posts for the SC- Women category. The petitioner contested for - 6 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 the post of Vice-President Bhatkal Town Municipal Council and was elected to the same on 20.08.2024. 3.6. The post of President was reserved for SC women category. The post of the President has been vacant since there is no candidate from the SC-women category to contest to the said post in Bhatkal. Taking this into account, respondent No.1 vide order dated 27.11.24 directed respondent No.3-Deputy Commissioner, Uttara Kannada District to conduct a re-election to the post of President, by permitting candidates belonging to the ‘SC’ category to contest for the said post instead of the ‘SC-women’ category as reserved earlier. It is challenging the same, the petitioner is before this Court seeking for the aforesaid reliefs. 4. Facts in WP No.107977/2024. 4.1. The petitioner claims to be an elected member of the Annigeri Town Municipal Council from - 7 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 ward No.20 for the 10th term, having contested the elections under SC(W) category. 4.2. One Mahaboobi Hussainsab Navalgund was elected as President on 07.10.2023 to the Annigeri Town Municipal Council, which tenure came to an end in the year 2009. 4.3. Thereafter, the post of President has been reserved for the ‘ST-Women’ category as per the order of the Hon’ble Apex Court in SLP No.7090 of 2021. 4.4. There being no elections conducted for the said post and the petitioner claiming to belong to the SC- Woman category, it was her contention that respondent No.3 ought to have considered the petitioner’s candidature to the post of President. Instead of doing so, respondent No.1, vide order dated 16.12.2024, has directed the post of the President to be filled up by a candidate belonging to the ‘ST’ category in the absence of a candidate belonging to ST- - 8 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 woman category. It is in the background of the above facts that the petitioner is before this Court seeking for the aforesaid reliefs. 5. Shri Santosh B. Malligawad, learned counsel appearing for the Petitioners in both the above matters submits that; 5.1. In regard to both the municipalities, the post of either the President or the Vice President has continued to remain vacant on account of a person belonging to the particular reserved category for which the said post was reserved, not being available. 5.2. Insofar as Bhatkal is concerned, the post has been reserved for SC-women, there being no SC-women candidate. Respondent No.1 has unilaterally changed the reservation to SC category. Insofar as Annigeri is concerned, the post having been reserved for ST-women, and there being no ST-women candidate, the same - 9 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 came to be reserved for the ST category instead. 5.3. Thus, in both the cases, the respondents have not taken into account the actual situation and by only removing the reservation for women, not only caused injustice to women, but they have also continued with the earlier reservation made for the very same category, thereby leading to a repetition of the same category and causing injustice to other members of the Council. 5.4. He submits that if there are no candidates for a particular category, the same cannot be unilaterally changed by the executive and in this regard, he relies upon the decision of this Court in the case of M. Vemala Nayak and Ors vs. Raniyamma and Ors1, more 1 ILR 1997 KAR 2449 - 10 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 particularly para nos.8 and 9 thereof, which are reproduced hereunder for easy reference: 8. The Supreme Court in the case of Saraswati Devi (supra) interpreting the provisions of Haryana Municipal Act and Haryana Municipal Election Rules, with reference to Article 243 of the Constitution of India introduced to 73rd Amendment Act, has held that the constitutional mandate makes it very clear that such Chairpersons of Panchayats or Municipalities would be made available by rotation as provided by the State Legislature to Scheduled Caste, Scheduled Tribes and women. The Supreme Court while considering the provisions of the Haryana Municipal Act, with reference to Article 243-T of the Constitution of India has held as follows:— “As Admittedly the post of President, Loharu Municipality is subjected to double reservation of being available only to an elected member who is a Scheduled Caste woman she must have been elected on the Scheduled Castes seat from the ward reserved for such Scheduled Castes candidates. As admittedly only three wards, namely, 1, 4 and 5 are reserved for members belonging to Scheduled Castes and even out of three wards only ward No. 5 from which the appellant was elected was reserved for Scheduled Castes women and as President's post is reserved for being filled up by a member belonging to the category of Scheduled Castes women who has been elected on such a seat, the Respondent No. 1 who is elected as a member not on any seat reserved for Scheduled Caste women but on a seat reserved for General category of women from ward No. 11 is obviously out of the arena of contest for the post of Presidentship of Loharu Municipality. Appellant is the sole candidate elected on the seat reserved for Scheduled Castes women. - 11 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 With respect it is not possible to agree with the reasoning of the High Court that the words ‘members belonging to’ as employed in Rule 70(4) of the Election Rules would bring in all the elected members belonging to Scheduled Castes into one category to enable them to contest for the post of President. Such a reasoning would cut across the very scheme of reservation as envisaged by Article 243T of the Constitution of India and Section 10(5) read with Rule 70(4) of the Election Rules. The High Court with respect has not properly appreciated the thrust of the provision regarding the categories of reservations envisaged by the Rule and has equated category with castes which is not contemplated by the Act and the Election Rules. Consequently the decision rendered by the High Court on the construction of the aforesaid relevant provisions cannot be sustained. On the other hand the Government Notification and Clarification dated 11th February 1995 get well sustained on the scheme of the Act and the Election Rules. It must, therefore, be held that as respondent No. 1 and the appellant did not belong to the same category of candidates elected on the seats reserved for Scheduled Castes women even though both were women and belonged to Scheduled Castes; they represented separate electoral wards indicating non-competing groups or categories of membership and as both of them were not at par they could not contest on an equal footing for the post of President. As admittedly appellant was the sole returned candidate from the ward reserved for Scheduled Castes women and as the post of President was also by rotation reserved only for a member belonging to Scheduled Castes women category she was the sole contestant for the said post and was rightly held to be the President of Loharu Municipality.” - 12 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 9. Smt. Raniyamma is elected from the Constituency reserved for Scheduled Caste women. Whereas the post of Adhyakaha has been reserved for Scheduled Caste and it shall be filled up only from among the persons elected from the Constitutions reserved for Scheduled Caste. Section 177(2)(O) of the Act and the Rules specifically provide for reservation of the posts of Adhyaksha and Upadhyaksha for women in respect of each of the categories. Hence, I do not find any substance in the contention raised by the respondents that the Act and Rules do not provide for reservation for women in each of the categories. In view of the law laid down by the Supreme Court, Smt. Raniyamma being elected from the constituency reserved for Scheduled Caste woman, is not eligible to contest to the post reserved for Scheduled Caste. Therefore, the acceptance of the nomination of Smt. Raniyamma to the post of Adhyaksha and declaring her elected as Adhyaksha of Shimoga Zilla Panchayat is illegal. 5.5. By relying on M. Vemula Nayaka's case (supra), he submits that when a constituency has been reserved for scheduled caste women, it would have to be filled only by a person belonging to scheduled caste women. He further submits that a person elected in one particular category cannot seek to contest to the post reserved for another category. This Court in M. Vemula Nayaka’s case (supra) had not permitted a schedule caste (woman) - 13 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 elected from that particular category to contest for a post reserved for the schedule caste category. 5.6. Hence, the same would also be applicable vice- versa and a person elected from the scheduled tribe category cannot contest for a post reserved for the ST-Woman category. In effect, his submission is that a post reserved for ST- Woman would have to be contested only by a person belonging to the ST-Woman category and not even by a person belonging to the ST category. 5.7. He relies upon the decision of the Hon’ble Apex Court in the case of Saraswati Devi vs. Shanti Devi and Ors2, more particularly para no.5 thereof, which is reproduced hereunder for easy reference: 5. The short question for our consideration is as to whether the government order taking the view that the appellant is the sole candidate for 2 (1997) 1 SCC 122 - 14 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 the post of President, Municipal Committee, Loharu and there is no question of any contest between the appellant and Respondent 1 for the said post, is justified in law or not. The relevant statutory provisions in this connection are required to be noted. By the 73rd Amendment of the Constitution, Parliament declared municipalities to be the institutions of self- government and at the same time provided for constitutional reservation in favour of Scheduled Castes and Scheduled Tribes and women vide Article 243-T of the Constitution of India. The said article provides as under: “243-T. Reservation of seats.—(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality. (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes. (3)*** (4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may, by law, provide. (5)*** (6)*** As per sub-article (4) Article 243-T it becomes, therefore, clear that the offices of chairpersons in the municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature by an enactment may provide. The aforesaid constitutional mandate makes it - 15 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 very clear that such chairmanships of municipalities would be made available by rotation as provided by the State Legislature to Scheduled Castes, Scheduled Tribes and women. Therefore, the category of women as contra-distinguished from the category of Scheduled Castes and Scheduled Tribes would form a separate electoral division for the purpose of elections to the posts of chairpersons of such municipalities. By the aforesaid Act the Haryana State provided for the statutory procedure for such elections to the posts of Presidents of Municipal Committees. In this connection, the relevant statutory provisions are found in sub-rule (4) of Rule 70 of the Election Rules and Sections 10(5) and 18 of the Act. While the relevant rule being Rule 70(4) is already extracted earlier, Sections 10(5) and 18 of the Act read as under: “10. (5) The offices of presidents in the municipalities shall be filled up from amongst the members belonging to the General category, Scheduled Castes, Backward Classes and women by rotation and by lots in the manner prescribed. 18. Election of President and Vice- President.—(1) Every Municipal Committee or Municipal Council shall, from time to time, elect one of its members to be President for such period as may be prescribed, and the member so elected shall become President of the Municipal Committee or Municipal Council: Provided that the office of the President in Municipal Committee and Municipal Councils shall be reserved for Scheduled Castes and women in accordance with the provisions made in Section 10: Provided further that if the office of the President is vacated during his tenure on account of death, resignation or no-confidence motion, a fresh election for the remainder of the period shall be held from the same category. (2) Every Municipal Committee or Municipal Council shall also, from time to time, elect one Vice-President: - 16 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 Provided that if the office of the Vice- President is vacated during his tenure on account of death, resignation or no-confidence motion, a fresh election for the remainder of the period shall be held. (3)***” On a combined reading of Article 243-T of the Constitution of India, Sections 10(5) and 18 of the Act and sub-rule (4) of Rule 70 of Election Rules, it becomes clear that Parliament as well as the legislature have enacted these provisions in order to provide for reservation of office of the President for members of Scheduled Castes, Scheduled Tribes, Backward Classes and women in rotation. A bare reading of Section 10(5) and Rule 70(4) shows that the offices of the Presidents are to be filled from amongst members belonging to different categories by rotation and by lots. It is not disputed that the post of President of Loharu Municipal Committee at the relevant time was reserved for Scheduled Caste women. So far as the appellant is concerned, she has been elected from Ward No. 5 on a seat reserved for Scheduled Caste women. Therefore, in that category she is the sole candidate. So far as Respondent 1 is concerned even though by coincidence she also belongs to Scheduled Caste but she was not elected on a seat reserved for Scheduled Caste women, but on a seat reserved for General category women from Ward No. 11. It is not in dispute that in that ward there were other contesting women, not belonging to Scheduled Caste category, but also belonging to General category. Therefore, Respondent 1 is a member who is elected on the seat earmarked for General category women; she cannot be said to be a member elected on a seat reserved for Scheduled Caste women. In Ward No. 5 from where the appellant contested, General category women could not have contested, and only Scheduled Caste women could have contested and in that context the appellant emerged successful. Therefore, she must be held to be belonging to the category of Scheduled Castes - 17 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 and not belonging to the category of women to which Respondent 1 belongs. Consequently both of them cannot be treated to form a part and parcel of the same category of seats on which they have got elected. It is true as contended by learned counsel for Respondent 1 and which contention has appealed to the High Court that Rule 70(4) mandates that the offices of Presidents of the Municipalities shall be filled up from amongst the members belonging to the categories concerned mentioned in the Rule. But the said phraseology does not imply that the members must belong to a particular caste like Scheduled Castes, Backward Classes etc. because the general words “members belonging to” are followed by different types of classes like General category, category of Scheduled Castes, category of Backward Classes and category of women as mentioned in the said Rule. It is obvious that General category has nothing to do with castes. Similarly Backward Classes have nothing to do with castes and the category of women is also separately indicated. That is also not having any nexus with the castes. When the thrust of the Rule is that offices of the Presidents in Municipalities must go by rotation to members belonging to the specified categories, it would necessarily mean in the context of the parent Article 243-T of the Constitution of India and Section 10(5) of the Act that the elected members concerned of the Municipal Committee must have got elected on the seats available to General category candidates or Scheduled Castes category candidates or Backward Classes category candidates or General women category candidates by rotation. The very concept of rotation presupposes that for the contest of Presidentship once by rotation a reservation is made for members elected from a particular category only those members can contest for Presidentship. As admittedly the post of President, Loharu Municipality is subjected to double reservation of being available only to an elected member who is a Scheduled Caste woman she must have been elected on the - 18 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 Scheduled Caste seat from the ward reserved for such Scheduled Caste candidates. As admittedly only three wards, namely, 1, 4 and 5 are reserved for members belonging to Scheduled Castes and even out of three wards only Ward No. 5 from which the appellant was elected was reserved for Scheduled Caste women and as President's post is reserved for being filled up by a member belonging to the category of Scheduled Caste women who has been elected on such a seat, Respondent 1 who is elected as a member not on any seat reserved for Scheduled Caste women but on a seat reserved for General category of women from Ward No.11 is obviously out of the arena of contest for the post of Presidentship of Loharu Municipality. The appellant is the sole candidate elected on the seat reserved for Scheduled Caste women. With respect it is not possible to agree with the reasoning of the High Court that the words “members belonging to” as employed in Rule 70(4) of the Election Rules would bring in all the elected members belonging to Scheduled Castes into one category to enable them to contest for the post of President. Such a reasoning would cut across the very scheme of reservation as envisaged by Article 243-T of the Constitution of India and Section 10(5) read with Rule 70(4) of the Election Rules. The High Court with respect has not properly appreciated the thrust of the provision regarding the categories of reservations envisaged by the Rule and has equated category with castes which is not contemplated by the Act and the Election Rules. Consequently, the decision rendered by the High Court on the construction of the aforesaid relevant provisions cannot be sustained. On the other hand the Government Notification and Clarification dated 11-2-1995 get well sustained on the scheme of the Act and the Election Rules. It must, therefore, be held that as Respondent No.1 and the appellant did not belong to the same category of candidates elected on the seats reserved for Scheduled Caste women even though both were women and belonged to Scheduled Castes; they - 19 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 represented separate electoral wards indicating Non-competing groups or categories or membership and as both of them were not at par they could not contest on an equal footing for the post of President. As admittedly appellant was the sole returned candidate from the ward reserved for Scheduled Castes women and as the post of President was also by rotation reserved only for a member belonging to Scheduled Castes women category she was the sole contestant for the said post and was rightly held to be entitled to be the President of Loharu Municipality. 5.8. By relying on Saraswati Devi's case (supra), he submits that once a post has been reserved by rotation and is to be filled by a person from a particular category, only members belonging to that category can contest for that post. Category is distinct from caste. Once a category is identified, the reservation status of that category and who can contest for that post cannot be changed. 5.9. He relies upon the decision of the Hon’ble Bombay High Court in the case of Suresh Balakrishna Pogale vs. State of Maharastra - 20 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 and others3, more particularly Para Nos.8A and 9 thereof, which are reproduced hereunder for easy reference: 8A. The bone of contention of the learned counsel for the petitioner is that as per the second proviso to Rule 4-A of the Rules if the office of the Sarpanch is reserved originally for a woman belonging to the Backward class of citizens, then the office of the Sarpanch for the same tenure can be de-reserved and the office of the Sarpanch can be allowed to the Backward Class of citizens including male and female members. On this analogy, the learned counsel for the petitioner contended that in the present case, the office of the Sarpanch is reserved for a woman from general category and no candidate is available from the women members of general category to be appointed to the office of Sarpanch, therefore the petitioner can be allowed to contest the election to the post of Sarpanch and his nomination form ought to have been accepted because there is no other contesting candidate available either from the general category or from the reserved category. This contention of the learned counsel for he petitioner devoid of any merit. In this context, it is necessary to reproduce Rules 4 and 4-A of the Rules which reads as under: “(4) The collector shall allot the offices of Sarpanchas in the district to be reserved for women (including the women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of citizens) by drawing lots according to the instructions given by the State Government from time to time: Provided that, the lots in respect of the women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward 3 2003 (3) MhLJ 782, - 21 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 Class of citizens shall be drawn only among the offices of Sarpanchas reserved for such Castes, Tribes or as the case may be, for the category of Backward Class of Citizens: Provided further that, while rotating such officers in the subsequent elections, the Panchayats where such offices were already reserved in earlier elections for women (including the women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of citizens) shall be excluded until in all such Panchayats reservation of offices is given, by rotation. (4A) Notwithstanding anything contained in these rules, if the office of the Sarpanch is reserved for the Scheduled Castes, or the Scheduled Tribes or, as the case may be, the category of backward Class of citizens (including Vimukta Jatis and Nomadic Tribes), and no elected member belonging to such Castes, Tribes or as the case may be, the category of Backward Class of citizens is available, then such office for the same tenure shall be allotted by draw of lots to any of the categories for which the office of the Sarpanch may be reserved under section 30 of the Act: Provided that, in case where there is only one elected member belonging to a particular category for which such office has been reserved and has filed the nomination form, then such office shall be declared for such member and if there are one or more elected members of such category and none of them have filed the nomination form, then such office for the same tenure shall be allotted by draw of lots to any of the categories for which the office of the Sarpanch may be reserved under section 30 of the Act. Provided further that, in a case where the office of the Sarpanch is reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or, as the case may be, the category of Backward Class of citizens…. Vimukta Jatis and Nomadic Tribes), and no elected women members belonging to such - 22 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 Castes or Tribes or as the case may be, the category of Backward Class of Citizens, is available then the office of the Sarpanch, for the same tenure, shall be treated as (i) if originally reserved for women belonging to the Scheduled Castes, then for Scheduled Castes, (ii) if originally reserved for women belonging to the Scheduled Tribes, then for the Scheduled Tribes and (iii) if originally reserved for women belonging to the Backward Class of citizens, then for the Backward Class of citizens, (italics supplied for emphasis). 9. 9. On plain reading of the second proviso, it would reveal that the case of the petitioner is not covered by this proviso because in the present case the office of the Sarpanch is reserved for women belonging to the general category and though the women candidate belonging to the general category is not available for the allotment of the office of the Sarpanch for the same tenure, it cannot be said that any other male candidate belonging to the general category or Scheduled Castes or Scheduled Tribes or Backward Class of citizens is entitled for such allotment of the same post. In fact, the Rules do not make any provision for such a contingency and it is not possible to accept the contention of the learned counsel for the petitioner that by virtue of Rule 4-A of the Rules the petitioner can be allotted the post of Sarpanch or that the post of Sarpanch can be filled in by drawing lots. If such contention is allowed that would amount to de-reservation of the post of Sarpanch which can only be done by the legislature because the post of Sarpanch of Gram Panchayat Pawana has been admittedly reserved for women belonging to general category and, therefore, there is no merit in the second contention of the learned counsel for the petitioner because de-reservation of the post of Sarpanch would frustrate the very intention of the legislature and thus in such a situation, we are of the considered view that the impugned orders passed by the respondents directing to - 23 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 keep the post of Sarpanch vacant for the tenure for which it is reserved for women from general category are perfectly legal and valid. We do not find any merit in the present petition and the same stands dismissed. Rule discharged. 5.10. By relying on Suresh Balakrishna Pogale's case (supra) he submits that no such change could be made by an executive like Respondent No.1- Principal Secretary, Urban Development Department. The aspect of reservation of a post, for a particular category, is a legislative function, which is required to be done by the legislature. When a post has been reserved for a particular category, if no eligible candidate were to be available for that category, then the post was required to be kept vacant. The rules do not provide for a person belonging to any other category to contest for the said post or for the executive to make a change in the said reservation. 5.11. He relies upon the decision of the Hon’ble Bombay High Court in the case of Sardar - 24 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 Gulzar Tadvi and Others vs. The State of Maharashtra and Others4,, more particularly para nos. 4, 5 and 6 thereof, which are reproduced hereunder for easy reference: “4. The factual matrix as discussed above is undisputed. The post of Sarpanch of the Gram Panchayat Vadri Kh.. Taluka Yawal is reserved for SC (female) category. SC (female) candidate is not available. The same has been made available for SC category. Rule 4-A of Rules of 1964 reads thus: [(4-A) Notwithstanding anything contained in these rules, if the office of the Sarpanch is reserved for the Scheduled Castes, or the Scheduled Tribes or, as the case may be, the category of Backward Class of citizens (including Vimukta Jatis and Nomadic Tribes), and no elected member belonging to such Cases, Tribes or as the case may be, the category of Backward Class of citizens is available, then such office for the same tenure shall be allotted by draw of lots to any of the categories for which the office of the Sarpanch may be reserved under Section 30 of the Act : Provided that, in case where there is only one elected member belonging to a particular category for which such office has been reserved and has, filed the nomination form, then such office shall be declared for such member and if there are one or more elected members of such category and none of them have filed the nomination form, then such office for the same tenure shall be allotted by draw of lots to any of the categories for 4 WP No.2965/2021 - 25 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 which the office of the Sarpanch may be reserved under Section 30 of the Act: Provided further that, in a case where the office of the Sarpanch is reserve for women belonging to the Scheduled castes or the Scheduled Tribes or, as the case may be, the category of Backward Class of citizens (including Vimukta Jatis and Nomadic tribes), and no elected women member belonging to such Castes or Tribes or as the case may be, the category of Backward Class of citizens, is available then the office of the Sarpanch, for the same tenure, shall be treated as: (i) if originally reserved for women belonging to the Scheduled Castes, then for the Scheduled Castes, (ii) if originally reserved for women belonging to the Scheduled Tribes, then for the Scheduled Tribes and (iii) if originally reserved for owmen belonging to the Backward Class of citizens, then for the Backward Class of citizens.] 5. Under the impugned order the second proviso to Rule 4-A has been applied. 6. The Rules of 1964 are framed by the State in exercise of the powers conferred by sub- section (2) of Section 176 r/w Section 30 and sub-section (2) of Section 33 of the Maharashtra Village Panchayats Act. The same is a piece of subordinate legislation. The statute nowhere prescribes how the seat becoming vacant for SC (female), ST (female), OBC (female) shall be filled in. The rules in no way run counter to the statute or the provisions therein contained. The rules take care of the contingency arising due to the non availability of the post. The only limitation to the subordinate legislation is that the same should not run counter to the statute under which they are prayed.” - 26 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 5.12. He submits that in view of the decision in, Suresh Balakrishna Pogale's case (supra), Rule 4-A was introduced in the Maharashtra Village Panchayats (Sarpanchas and Upasarpanchas Elections Rule), 1964, by the State Legislature which provided for the replacement of one category with another and it is in that background that the Bombay High Court in Sardar Gulzar Tadvi and Others’ case (supra), has held that the replacement of one category by another was proper. 5.13. Juxtaposing both the judgments, he submits that unless the rules provide for the replacement of one category with another, there cannot be any such replacement. In the present case, the post reserved for SC-Woman could not be converted to SC in so far as Bhatkal is concerned and ST-Woman could not be converted to ST in so far as Annigeri is - 27 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 concerned, merely because candidates from that particular category were not available. 5.14. Since candidates were not available, it was for the authorities to have kept the post vacant instead of meddling with the status of reservation. In the alternative, the authorities ought to have reworked the reservation status by taking into consideration the number of times a particular category’s reservation had repeated in the earlier elections. 5.15. In the above background and on the basis of the above submission, he submits that the petition is required to be allowed. 6. Shri Gangadhar J.M., learned Additional Advocate General would submit that: 6.1. Though the earlier notification had been issued by the Deputy Commissioner making a change in the category, subsequently a notification has been issued by the Under Secretary, Urban - 28 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 Development Department. Therefore, the grievance of the petitioner that the change of category has been exercised by the executive power of the Deputy Commissioner and not by the State, is no longer sustainable. 6.2. The State Government has issued the notification to make the changes. The same can be taken into consideration, and orders can be passed accordingly. 6.3. Though the Deputy Commissioner had issued the earlier order, the defect therein has been rectified by issuance of a Government Order through a notification dated 10-2-2025 by the Under Secretary to the Government, Urban Development Department on behalf of the Governor, modifying the notification dated 5-8-2024 by reserving the post of the President in Annigeri Town Municipal Council for ST category on account of no candidate of ST(W) being available. He submits that elections have - 29 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 already been held to all the other Town Municipal Councils in the State in the month commencing from August 2024 to February 2025. Elections only to 5 Town Municipal Councils could not be held on account of there being no candidate for the reserved category. The same reads as under:- 1. ಾಾ, ಾಯಚೂರು ಬಳಾನೂರು ಪಟಣ ಪಂಾಯ 10ೇ ಅವಯ ಅಧ ! "ಾ#ನೆ$ “ಪ%ಷ ಪಂಗಡ (ಮ*+ೆ)' ,ೕಸಾ .ಗ/0ಾ1ರುತ34ೆ. 2. ಾಾ, 5ಾರ6ಾಡ ಅ78ೇ ಪ9ರಸ:ೆಯ 10ೇ ಅವಯ ಅಧ ! "ಾ;ನೆ$ "ಪ%ಷ ಪಂಗಡ (ಮ*+ೆ)" ,ೕಸಾ .ಗ/0ಾ1ರುತ34ೆ. 3. ಾಾ, 4ಾವಣೆೆ ಮೆ<ೆನೂ#ರು ಪ9ರಸ:ೆಯ 10ೇ ಅವಯ ಅಧ ! "ಾ;ನೆ$, “ಪ%ಷ ಪಂಗಡ (ಮ*+ೆ)” ,ೕಸಾ .ಗ/0ಾ1ರುತ34ೆ. 4. ಾಾ, ಉತ3ರ ಕನ#ಡ ಭಟ$ಳ ಪ9ರಸ:ೆಯ 10ೇ ಅವಯ ಅಧ ! "ಾ;ನೆ$ “ಪ%ಷ @ಾ (ಮ*+ೆ)" ,ೕಸಾ .ಗ/0ಾ1ರುತ34ೆ. 5. ಾಾ, Aೖಸೂರು ೆ.ಆ E.ನಗರ ಪ9ರಸ:ೆಯ 10ೇ ಅವಯ ಅಧ ! "ಾ;ನೆ$ “ಪ%ಷ ಪಂಗಡ (ಮ*+ೆ)” ,ೕಸಾ .ಗ/0ಾ1ರುತ34ೆ. 6.4. He submits that apart from the above 5 Councils, elections have been held to all the other Town Municipal Councils. The reservation now cannot be effected in the manner sought - 30 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 for by the petitioner inasmuch as any such change would affect the vertical reservation already effected and implemented in all other Town Municipal Councils. It is for this reason that the horizontal reservation for the women category has been deleted so that the vertical reservation for the particular category that is the Scheduled Tribe category and or Scheduled Caste category has been continued thereby not impinging upon the requirement of reservation for those particular categories. His submission is that when the tabulation was done, the non- availability of the candidate of that particular category for which the reservation was done did not come to the notice of the Commission and as such, the error has occurred; that error cannot result in keeping the post of the President and or the Vice President for any particular Town Municipal Council being kept vacant till the next election which would result - 31 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 in administrative difficulties. The said Town Municipal Council would be rendered without any person in charge which is not the object of the Act. Thus, he submits that insofar as the present petitions are concerned, both the petitions are required to be dismissed by permitting the respondents to continue the process of completing the election as per the revised notification which has been issued. 7. Heard Sri.Santosh B.Malligawad, learned counsel for the Petitioner in both the matters, Sri.Gangadhar J.M., learned Additional Advocate General for the Respondent-State in both the matters and perused papers. 8. The points that would arise for determination are: 1) Whether the reservation for a particular category can be changed due to non- availability of a person of that particular category more so as regards women's category by deleting the reservation for the women category and continuing the reservation for the very same category that is ST or SC? In other words, can a - 32 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 reservation for ST(W) be changed to ST and a reservation for SC(W) be changed to SC without impinging on the reservation methodology? 2) Whether the non-availability of a candidate as regards the category for which the post has been reserved would require the said post to be kept vacant? 3) What order? 9. Answers to Points No.1: Whether the reservation for a particular category can be changed due to non-availability of a person of that particular category more so as regards women's category by deleting the reservation for the women category and continuing the reservation for the very same category that is ST or SC? In other words, can a reservation for ST(W) be changed to ST and a reservation for SC(W) be changed to SC without impinging on the reservation methodology? And 9.1. The submission of Sri.Santosh B.Malligawad, learned counsel for the petitioner in both the above matters is once a reservation has been made for a particular category, no person other than that person qualifying for the said reservation can be permitted to contest and the reservation made cannot be changed. - 33 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 However, the other submission made by him is that insofar as Annigeri is concerned, the reservation made for ST(W) should not be changed to ST, but should be changed to SC(W) in order to permit and or enable the petitioner in W.P.No.107977/2024 to contest for the said post and the submission insofar as Bhatkal Town Municipal Council in W.P.No.107601/2024 is that the reservation which has been made for SC(W) should not be permitted to be changed to SC but should be changed to OBC. 9.2. The submission of Mr. Malligawad, learned counsel for the Petitioner insofar as Annigeri is concerned is contradictory inasmuch the vehement submission made is that the reservation made for a particular category cannot be changed from ST(W) to ST. But however, he seeks for the said reservation to - 34 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 be changed to SC. Similar is a contradictory contention taken in respect of Bhatkal. 9.3. The above situation has arisen with respect to these two constituencies and three other constituencies as indicated supra on account of a candidate for the category reserved not being available in those particular municipal councils. 9.4. The reservation as per the submission of the learned Additional Advocate General has been made in terms of the Act by taking into account the total number of seats available to the total number of candidates available. There is in fact no particular dispute as regards this aspect of the reservation being made properly or not. The dispute has arisen only on account of the particular candidate for a particular reserved category not being available. - 35 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 9.5. Now if the facts leading up to the above matter are taken into consideration, there being nearly 117 Town Municipal Councils, elections have already been held to 112 Municipal Councils. Election only to 5 Municipal Councils could not be held on account of non-availability of the candidate and though only 2 petitions are before this Court as regard Bhatkal and Annigeri, the election to 3 other Municipal Councils could also not be held on account of the orders passed in the present matter. The details of the election held are as under:- ಾಜ ದHರುವ ಪ9ರಸ:ೆಗಳH ಅಧ ! / ಉIಾಧ ! ಚುಾವJೆ ನKೆ/ರುವ Lವರ ಕM.ಸಂ ಸ;Nೕಯ ಸಂ"ೆ;ಯ Oೆಸರು ಸ;Nೕಯ ಸಂ"ೆ;ಯ Lವರ ಅಧ !ರ & ಉIಾಧ !ರ ಚುಾವJೆ ನKೆದ /ಾಂಕ 1 ಆೇಕP ಪ9ರಸ:ೆ 31-08-2024 2 ಗ7 ಪ9ರಸ:ೆ 29-08-2024 3 ಚಂ4ಾಪ9ರ ಪ9ರಸ:ೆ 30-08-2024 - 36 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 4 QಾಗR ಪ9ರಸ:ೆ 18.09.2024 5 Sಡ/ ಪ9ರಸ:ೆ 19-09-2024 6 T.ಾ.ಹNV ಪ9ರಸ:ೆ 10.09.2024 7 ಮಧು1 ಪ9ರಸ:ೆ 31-08-2024 8 Iಾವಗಡ ಪ9ರಸ:ೆ 28-08-2024 9 ಬಂಾರIೇWೆ ಪ9ರಸ:ೆ 19.08.2024 10 Qಾಲೂರು ಪ9ರಸ:ೆ 23.08.2024 11 %Mೕ.6ಾಸಪ9ರ ಪ9ರಸ:ೆ 23.08.2024 12 <ಾೇಪH ಪ9ರಸ:ೆ 13-09-2024 13 OೊಸದುಗY ಪ9ರಸ:ೆ 22-08-2024 14 Oೊಳೆ$ೆ ಪ9ರಸ:ೆ 29-11-2024 15 Oೊಾ#N ಪ9ರಸ:ೆ 06-09-2024 16 %ಾಪ9ರ ಪ9ರಸ:ೆ 21,08-2024 17 %ಾಳೊಪZ ಪ9ರಸ:ೆ 21.08.2024 18 ಬನೂ#ರು ಪ9ರಸ:ೆ 06.09.2024 19 [.ನರ\ೕಪ9ರ ಪ9ರಸ:ೆ 03-09-2024 20 ಗುಂಡು IೇWೆ ಪ9ರಸ:ೆ 04-09-2024 21 ಮದೂ]ರು ಪ9ರಸ:ೆ 09.09.2024 22 ಮಳವNV ಪ9ರಸ:ೆ 04-09-2024 23 ೆ.ಆ E.IೇWೆ ಪ9ರಸ:ೆ 02.09.2024 & - 37 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 25.09.2024 24 Iಾಂಡವಪ9ರ ಪ9ರಸ:ೆ 03.09.2024 25 ಾಗಮಂಗಲ ಪ9ರಸ:ೆ 23-08-2024 26 <ೇಲೂರು ಪ9ರಸ:ೆ 19.08.2024 27 ಚನ#ಾಯಪಟಣ ಪ9ರಸ:ೆ 22-08-2024 28 Oೊ+ೆನರ\ೕಪ9ರ ಪ9ರಸ:ೆ 19-08-2024 29 ಸಕೇಶಪ9ರ ಪ9ರಸ:ೆ 26-08-2024 30 LಾಜIೇWೆ ಪ9ರಸ:ೆ 30-09-2024 31 ಕು_ಾಲನಗರ ಪ9ರಸ:ೆ 25.09.2024 32 ಕಡೂರು ಪ9ರಸ:ೆ 26-08-2024 33 Sೕರೂರು ಪ9ರಸ:ೆ 27-08-2024 34 ತೕೆೆ ಪ9ರಸ:ೆ 20-08-2024 35 ಬಂWಾ`ಳ ಪ9ರಸ:ೆ 22-08-2024 36 ಮೂಡುSದೆ ಪ9ರಸ:ೆ 21-08-2024 37 "ೋAೕಶ`ರ ಪ9ರಸ:ೆ 30-08-2024 38 ಾಕYಳ ಪ9ರಸ:ೆ 30-8-2024 39 ಕುಂ4ಾಪ9ರ ಪ9ರಸ:ೆ 29-08-2024 40 ಾವ9 ಪ9ರಸ:ೆ 28.08.2024 41 ಸವದ3 ಪ9ರಸ:ೆ 27-08-2024 42 ಸಂೇಶ`ರ ಪ9ರಸ:ೆ 10-09-2024 - 38 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 43 Tೊ$ೕR ಪ9ರಸ:ೆ 12-09.2024 44 <ೆ,ಲOೊಂಗಲ ಪ9ರಸ:ೆ 03-09-2024 45 ಮೂಡಲ1 ಪ9ರಸ:ೆ 28-08-2024 46 ಅಥ7 ಪ9ರಸ:ೆ 02.09.2024 47 ಹುೆ$ೕ ಪ9ರಸ:ೆ 09-09-2024 48 ಕುಡT ಪ9ರಸ:ೆ 26-08-2024 49 ಮುಗಳbೋಡ ಪ9ರಸ:ೆ 27-08-2024 50 ಮುನವNV ಪ9ರಸ:ೆ 18-09-2024 51 ಉಾರಖು4ಾY ಪ9ರಸ:ೆ 26-08-2024 52 ೊಣೂ8ರ ಪ9ರಸ:ೆ 28-08-2024 53 Oಾೋೇ ಪ9ರಸ:ೆ 30-08-2024 54 ಅಂೋಾ ಪ9ರಸ:ೆ 19-08-2024 55 ಹN0ಾಳ ಪ9ರಸ:ೆ 16-08-2024 56 ಮು4ೆ]ೕSOಾಳ ಪ9ರಸ:ೆ 11-09-2024 57 \ಂದ1 ಪ9ರಸ:ೆ 09-09-2024 58 ఇం ಪ9ರಸ:ೆ 26-08-2024 59 ಮOಾHಂಗಪdರ ಪ9ರಸ:ೆ 23-08-2024 60 ಗು+ೇದಗುಡe ಪ9ರಸ:ೆ 30-08-2024 & 23-10-2024 61 ಬ4ಾ, ಪ9ರಸ:ೆ 31-08-2024 62 fೇರ4ಾಳ ಪ9ರಸ:ೆ 26-08-2024 - 39 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 63 ಹುನಗುಂದ ಪ9ರಸ:ೆ 27-08-2024 64 ನವಲಗುಂದ ಪ9ರಸ:ೆ 06-09-2024 65 ಗ@ೇಂದMಗಡ ಪ9ರಸ:ೆ 03-09-2024 66 ಲghೕಶ`ರ ಪ9ರಸ:ೆ 21-08-2024 67 ಮುಂಡರ1 ಪ9ರಸ:ೆ 22-08-2024 68 ನರಗುಂದ ಪ9ರಸ:ೆ 19-09-2024 69 ೋಣ ಪ9ರಸ:ೆ 09-09-2024 70 <ಾ ಡ1 ಪ9ರಸ:ೆ 19-08-2024 71 Oಾನಗಲ ಪ9ರಸ:ೆ 27-08-2024 72 ಸವಣೂರು ಪ9ರಸ:ೆ 26-08-2024 73 %ಾiಂವ ಪ9ರಸ:ೆ 23-08-2024 74 ಬಂಾಪ9ರ ಪ9ರಸ:ೆ 0-09-2024 75 "ೇಡಂ ಪ9ರಸ:ೆ 04-09-2024 76 TಂೋN ಪ9ರಸ:ೆ 10-09-2024 77 ಕೆ$ೕಾ ಪ9ರಸ:ೆ 04-09-2024 78 QಾನL ಪ9ರಸ:ೆ 29-08-2024 79 Hಂಗಸೂಗೂರು ಪ9ರಸ:ೆ 01-10-2024 80 ಮುದಗಲ ಪ9ರಸ:ೆ 26-08-2024 81 ಮ\$ ಪ9ರಸ:ೆ 28-08-2024 82 ಾರಟ1 ಪ9ರಸ:ೆ 27-08-2024 - 40 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 83 ಹNVೇಡ ಪ9ರಸ:ೆ 11-09-2024 84 :ಾH$ ಪ9ರಸ:ೆ 13-09-2024 85 ಹುಮಾ<ಾದ ಪ9ರಸ:ೆ 10-09-2024 86 TಟಗುIಾZ ಪ9ರಸ:ೆ 1209-2024 87 ಸಂಡೂರು ಪ9ರಸ:ೆ 22-08-2024 88 ಕುೇಕುಪZ ಪ9ರಸ:ೆ 23-08-2024 89 ಕುರುೋಡು ಪ9ರಸ:ೆ 26-08-2024 90 ಹಗ<ೊಮjನಹNV ಪ9ರಸ:ೆ 25-09-2024 91 ಕಮಾಪ9ರ ಪ9ರಸ:ೆ 04-09-2024 92 ಹರಪನಹNV ಪ9ರಸ:ೆ 11-11-2024 93 ಕುಷ1 ಪ9ರಸ:ೆ 20-01-2024 94 4ೇವನಹNV ಪ9ರಸ:ೆ 10-02-2025 95 ಚನ#1 ಪ9ರಸ:ೆ 28-02-2025 96 ಮೇ<ೆನೂ#ರು ಪ9ರಸ:ೆ 13.12.2025 97 ೆ.ಆ E.ನಗರ ಪ9ರಸ:ೆ 13.01.2025 98 k0ಾಪಟಣ ಪ9ರಸ:ೆ 19-02-2025 99 Oೆl.R.ೋWೆ ಪ9ರಸ:ೆ 19-02-2025 100 %Mೕರಂಗಪಟಣ ಪ9ರಸ:ೆ 10-02-2025 101 ಾಮದುಗY ಪ9ರಸ:ೆ 13-01-2025 102 ಕುಮWಾ ಪ9ರಸ:ೆ 28-01-2025 - 41 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 103 fಾNೋWೆ ಪ9ರಸ:ೆ 10-02-2025 104 ಆಳಂದ ಪ9ರಸ:ೆ 28-02-2025 105 Tfಾ3ಪ9ರ ಪ9ರಸ:ೆ 28-02-2025 106 @ೇವ1Y ಪ9ರಸ:ೆ 12-02-2025 107 ಗುರು,ಟ$P ಪ9ರಸ:ೆ 10-02-2025 108 ೆಂ:ಾL ಪ9ರಸ:ೆ 14-02-2025 109 4ೇವದುಗY ಪ9ರಸ:ೆ 23-12-2024 110 ಕುಷ1 ಪ9ರಸ:ೆ 20-01-2025 111 ಕಂk ಪ9ರಸ:ೆ 23-01-2025 112 ಹೂLನಹಡಗH ಪ9ರಸ:ೆ 20-02-2025 9.6. What is important to be considered here is that the reservation fixed vertically has been so fixed for all the councils in the State of Karnataka, taking into consideration the total number of posts of President and Vice-President as also the repetition of the roster on earlier occasions. There is no dispute as regards such vertical reservation; the dispute has arisen only - 42 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 as regards the horizontal reservation due to the non-availability of a woman candidate. 9.7. What has happened by way of a notification insofar as Bhatkal is concerned is the designation of the reservation from SC(W) to SC and Annigeri from ST(W) to ST. The vertical reservation insofar as that particular category that is SC insofar as Bhatkal and ST insofar as Annigeri has not undergone a change. Only the horizontal reservation for a woman candidate has undergone a change due to non-availability of a woman candidate. This in my considered opinion would not change the reservation pattern and or not be in violation of the order of the Hon’ble Apex Court in SLP No.7090/2021. 9.8. As submitted by Sri Gangadhar J.M., learned Additional Advocate General, the election in respect of all other Municipal Council has already taken place and it is only five (5) Municipal Councils where this problem had - 43 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 arisen since no candidate is available for a particular reserved post. 9.9. The reservation of the post of President and or Vice President for a particular category is made taking into account the total number of posts across the State with reference to the population. Thus, the reservation is not made for a particular municipal council, particular taluka, or particular district but is made at the state level. While doing so, the reservation made for Annigeri was for ST(W) and the reservation made for Bhatkal was for SC(W). This reservation being made on a roster system, with the reservation being rotated, every election to the Council as also for the second term on the expiry of the first term of the President and Vice President, the same being done to provide reservation for each and every category, in each and every Council, such - 44 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 that the reservation made for the earlier term is not repeated in the subsequent term. 9.10. I answer Point No.1 by holding that normally, reservation for a particular category cannot be changed due to non-availability of a person of that particular category insofar as the vertical reservation is concerned. Even insofar as horizontal reservation, no change can be affected insofar as education and employment are concerned. If no candidate is available, the said post is required to be kept open/vacant. 9.11. In the particularity of the present fact situation, the post for which the reservation is made being that of the President and Vice President of the Municipal Council, the said Council not being capable of effectively functioning without a President or Vice President, I am of the considered opinion that in the peculiar circumstances of this case, the change in the reservation made from ST(W) to ST in Annigeri - 45 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 and SC(W) to SC in Bhatkal would have to be held to be valid so as to provide proper governance to Annigeri Municipal Council and Bhatkal Municipal Council. 10. Answer to Point No.2 Whether the non- availability of a candidate as regards the category for which the post has been reserved would require the said post to be kept vacant? 10.1. It is due to such non-availability that Sri.Malligawad, learned counsel for the petitioner relies upon the decision of the Bombay High Court in the case of Saraswati Devi vs. Shanti Devi and ors.5 and Suresh Balakrishna Pogale Vs. State of Maharashtra6 to contend that if a candidate of a particular reserved category is not available, that particular seat is required to be kept vacant. 5 Civil Appeal No.14608/1996 6 2003 (3) Mh.L.J.782 - 46 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 10.2. That ruling of the Bombay High Court, in my considered opinion, would apply to all education and employment opportunities since that reservation has been made in terms of Articles 15(4) and 16 (4) of the constitution of India. The reservation made in so far as education is concerned is not horizontal but vertical. In so far as reservation made for employment it could be both vertical and horizontal, firstly the reservation needs to be fixed vertically and thereafter horizontally, i.e., to say the reservation has to be fixed firstly for the category (ST or SC) and thereafter for the sub- category (women). 10.3. A President or a Vice President is an important part of the functioning of a Town Municipal Council. It is the said President and or the Vice President who exercises executive powers under the Act and the rules to take decisions in respect of the Panchayat. There being no - 47 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 dispute as regards the reservation in respect of the other Municipal Councils as also as regards the vertical reservation, the situation arises as aforesaid on account of non-availability of a person belonging to that horizontal category (woman) for which the post has been reserved. I am not in a position to agree with the decision of the Hon’ble Bombay High Court that if such a person satisfying the requirement of reservation is not available, the post has to be kept vacant in so far as the election to the post of the President or Vice President is concerned. 10.4. As indicated supra, there are 117 Town Municipal Councils in the State of Karnataka. Elections have been held to 112 Municipal Councils. The President and Vice-President of 112 Municipal Councils have been elected on the basis of the reservation fixed for each of the Municipal Councils. Reservation being calculated and fixed for the whole of the State, - 48 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 the number of seats reserved for each of the category for each of the Municipal Council has been finalized in that manner. 10.5. At this stage, there cannot be a change in the reservation insofar as Annigeri and or Bhatkal in the manner as contended by the Petitioner. If such a change is made then the whole aspect of reservation across the State in terms of the seat reserved for particular category would undergo a change, which is not permissible nor as indicated above, would keeping the said post vacant being in the interest of justice. 10.6. Such a situation would lead to tremendous inconvenience for the residents and population of the Town Municipal Council since all their grievances and or requirements would not be answered without a President or a Vice President being elected and occupying the said post. - 49 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 10.7. Taking into consideration that keeping a post vacant would cause more injustice, I am of the considered opinion that the change now made by the authorities taking into consideration the particularity of the situation that has arisen due to absence of a woman candidate belonging to ST category in Annigeri and the absence of a woman candidate belonging to SC category in Bhatkal can be justified in the larger interest of the residents of the Municipal Council rather than keeping the same vacant. 10.8. This reservation also being made by using appropriate software which has been developed by the National Informatics Centre. I am of the considered opinion that the submission of Sri.Santosh Malligawad, learned counsel for the Petitioner, if accepted that no election for the said posts is to be held, would result in severe injustice not only to the candidates but to the residents who are governed by the said - 50 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 Municipal Council. The submission of Sri.Santosh Malligawad, learned counsel for the Petitioner to change the reservation from ST(W) to SC(W) insofar as Annigeri is concerned, would result in additional post being reserved for Scheduled Caste, depriving the Scheduled Tribe from a particular post. Similarly, if his submission as regards Bhatkal is accepted and the reservation from SC(W) is changed to OBC, that would also result in reduction of one post for Scheduled Caste and increase of one post for Scheduled Caste for OBC on the vertical level. 10.9. As indicated supra, there being a horizontal reservation made for a woman candidate belonging to ST community in Annigeri and a woman candidate belonging to SC category in Bhatkal, the authorities have rightly removed the horizontal reservation and continued the vertical reservation as is so as to make - 51 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 available the reservation vertically to the persons belonging to ST category in Annigeri and SC category in Bhatkal. The same would not impinge on the vertical reservation but would of course impinge on the horizontal reservation. 10.10. I answer Point No.2 by holding that insofar as these kinds of posts are concerned, the same cannot be kept vacant due to non-availability of a particular candidate. However, insofar as education and employment in the regular course are concerned, those posts would have to be kept vacant if a candidate were not to be available. 11. General Directions 11.1. The above has arisen on account of the data not being properly captured in the software as regards the elected candidates and the category that they belong to. There being - 52 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 reservation at two stages, firstly for being elected to the Municipal Council and secondly for the post of President or Vice President. The methodology of reservation being made for the Municipal Council is not in dispute in the present matter. 11.2. Unfortunately, what has happened is that the reservation for the purpose of election to the Council as also for the post of President and Vice President has been done at the same time without knowing who would be elected to what category and whether they are male or female. 11.3. Thus, it would be required for the respondents to capture the data pertaining to the persons who have been elected to the Municipal Council and then tabulate the reservation for the post of President and Vice President, taking into consideration the presence of the candidates belonging to that particular category. If that is done and if the reservation for a particular post - 53 - NC: 2025:KHC-D:6460 WP No. 107977 of 2024 C/W WP No. 107601 of 2024 is made and no candidate is found for that category, then suitable changes could be made at that time so as to avoid this kind of eventuality. 12. Answer to Point No.3: What Order? 12.1. In view of the above answers, the Writ Petitions are dismissed, directing the respondents to complete the election process as soon as possible in terms of the revised reservation. SD/- (SURAJ GOVINDARAJ) JUDGE AM/PRS List No.: 19 Sl No.: 1