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2025 DAILYLAW 85582 (KAR)

SRI RAVICHANDRAN T. S., v. THE SECRETARY

WP/104993/2025 · 2025-08-01

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9544 WP No. 104993 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104993 OF 2025 (LB-ELE) BETWEEN: SRI. RAVICHANDRAN T.S. S/O. SIDDAPPA OLEKAR, AGE: 40 YEARS, R/AT: TOTAGANTI, RATTIHALLI, HAVERI – 581 116. …PETITIONER (BY B.N.ANJAN KUMAR, VASUNDAR PANDITH, CHIRANJEEVI C. PRASAD, ADVOCATES) AND: 1. THE SECRETARY, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU – 560 001. 2. KARNATAKA STATE ELECTION COMMISSION, REPRESENTED BY SECRETARY OFF AT: NO.16, 2ND AND 3RD FLOOR, KRISHNA DEVARAYA EDUCATIONAL BUILDING, BALLARI ROAD, SADDASHIVANAGARA, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER, HAVERI – 581 110. 4. THE ASSISTANT COMMISSIONER, HAVERI – 581 110. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9544 WP No. 104993 of 2025 5. THE TASHILDAR, RATTIHALLI, HAVERI – 581 116. 6. THE ADMINISTRATIVE OFFICER, RATTIHALLI, HAVERI – 581 116. 7. THE CHIEF ADMINISTRATIVE OFFICER, PATTAN PANCHAYAT, RATTIHALLI, HAVERI – 581 116. …RESPONDENTS (BY SRI. SHARAD V.MAGADUM, AGA for R1, R3 TO R6; SRI. HARISH NAYAK, ADVOCATE FOR R2; SRI. S.G. KADADAKATTI, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ANNEXURE-A & M AND IMPUGNED NOTIFICATIONS DATED 18-01-2022, NOTIFICATION NO. NAE145MLR2021, AND NOTIFICATION DATED 10-07-2025 BEARING NO. SECK/ULB/GELN/1/2025- ULB, ISSUED BY THE RESPONDENTS, NO. 1 AND 2 AS THE SAME ARE UNCONSTITUTIONAL AND OR ANY OTHER WRIT, ORDER, DIRECTION IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9544 WP No. 104993 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. To Issue a Writ of Certiorari quashing the Annexure- A & M impugned notifications dated 18-01-2022, notification no. NAE145MLR2021, and notification dated 10-07-2025 bearing no. SECK/ ULB/ GELN/ 1/2025-ulb, issued by the respondents, No. 1 and 2 as the same are unconstitutional and or any other writ, order, direction in the facts and circumstances of the case; b. To grant the petitioners such other writ, order or direction as this hon’ble court deems fit in the facts and circumstances of the above case, in the interest of justice and equity. 2. The grievance of the petitioner, who belongs to the Scheduled Tribe category, is that Ward No. 8 ought to have been reserved for Scheduled Tribe candidates. It is submitted that several persons belonging to the Scheduled Tribe community reside in Ward No. 8 and that the reservation of the said ward under the General (Female) category is not sustainable. - 4 - HC-KAR NC: 2025:KHC-D:9544 WP No. 104993 of 2025 3. In this regard, the petitioner had submitted a representation seeking reservation of Ward No. 8 for Scheduled Tribe candidates. 4. Pursuant to notice issued by this Court, the learned Additional Government Advocate (AGA) was directed to make submissions as regards the basis of the reservation made. 5. Today, a memo along with supporting documents has been filed. One of the documents discloses the total population and category-wise break-up for each ward. A perusal indicates that Ward No. 8 has a total population of 601, of which 82 persons belong to the Scheduled Tribe category. 6. The learned AGA submitted that Ward No. 1, which has a total population of 1014, includes 59 Scheduled Caste and 161 Scheduled Tribe persons, and has been reserved for the Scheduled Tribe category. 7. The AGA further submits that this is the first election being conducted for the said Panchayat and that reservation has been made on the basis of the population distribution. He assures the Court that in subsequent elections, - 5 - HC-KAR NC: 2025:KHC-D:9544 WP No. 104993 of 2025 the principle of rotation will apply, and Ward No. 8 may be considered for reservation under the Scheduled Tribe category in the future. 8. The explanation offered satisfies the grievance raised by the petitioner. The reservation made for the current election does not suffer from any legal infirmity. 9. Accordingly, the writ petition stands dismissed. In view of the dismissal of the writ petition, all pending IAs, if any, shall also stand dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT-ASC List No.: 1 Sl No.: 38