IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.6213/2019 (LB-ELE) BETWEEN:
Sri. G.P.Shivakumar, S/o. Late. G.P.Puttaraju, Corporater, Aged about 45 years, R/at, #1/327, G.P.Mallappa Puram peace park road, Kollegala, Chamarja Nagar-571440. ... Petitioner (By Sri. P.Mahesha, Advocate) AND:
1. The State of Karnataka Urban Development Department, Represented by its Secretary, Vikasa Soudha, Bengaluru-560001.
2. The Deputy of Commissioner and District Election Officer, Chamaraja Nagar Distrcit, Chamaraja Nagar-571313.
3. The City Municipal Council Kollegala, Represented by its Commissioner City Municipality Kollegala, Kollegala Town, Chamaraja Nagar District-571440. ... Respondents (By Sri. M.A.Subramani, HCGP for R1 &R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-1 authority the Principal Secretary to the Government of Karnataka Urban Development Department to change the category BCM-B Woman to BCM-B General category to the post of President in the R-3 City Municipality Kollegala by considering the representation of the petitioner and vide Annexure C dated 31.10.2018 and letter of R-2 dated 05.11.2018 vide Annexure-F.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner is a Corporater having been elected to the body of the City Corporation Council, Kollegala has sought for issuance of a writ of mandamus to direct the first respondent to consider change in the reservation category from backward classes BCB(Woman) to BCB (General) as regards the post of President for the City Municipal Council, Kollegala. The petitioner states that as regards the reservation for the wards of the Kollegal City Municipal Council, no reservation has been made as regards the category of BCB (Woman).
2. However, petitioner points out that as per the notification dated 03.09.2018, reservation for the post of President has been made as regards Kollegal in the category of BCB (Woman). The petitioner states that he has made the representation to the Department of Urban Development as per Annexure-C dated 31.10.2018 and the Deputy Commissioner taking note of representation at Annexure-C has by communication dated 05.11.2018 forwarded the said representation to the first respondent for consideration and appropriate action.
3. The learned Additional Government Advocate states that the said representation of the petitioner at Annexure-C as also the communication addressed to the first respondent at Annexure-F dated 05.11.2018 would be looked into and appropriate action may be taken as may be permissible in accordance with law.
4. The learned Additional Government Advocate states that as regards any change in reservation for the post of Adhyaksha any one of the City Municipal Councils as found at Annexure-B would have an implication on the whole list applicable to the State and hence, if for any reason, the reservation and rotation as found in the notification dated 03.09.2018 is permitted to be re-considered and found to be feasible, said representation would be considered in accordance with law.
Accordingly, petition is disposed of.
Sd/- JUDGE RB