HC sets aside reservation notification for ULB posts
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HC sets aside reservation notification for ULB posts

November 20, 2020

Bengaluru: In a setback to the Government, a Single Judge Bench of the High Court on Thursday set aside the Government’s Oct. 8, 2020 reservation notification to the posts of President and Vice-President in all the Urban Local Bodies (ULBs), including Town Municipalities. The Court also directed the State Government to notify the new reservation matrix within four weeks.

Members of several Urban Local Bodies including Somwarpet Town Panchayat, Hassan, Arasikere, Harihar and other CMCs had moved the High Court questioning the Government’s reservation quota for ULB Presidential posts.

Justice R. Devadas, while passing the order, instructed the State Government to follow the provisions of the Karnataka Municipalities (President and Vice-President) Election Rules, 1965 and the guidelines of Sept. 11, 2020 Government order. The Court has also directed the State Government to maintain worksheets and notes prepared while undertaking the exercise of rotation and also indicate the reasons for any deviation. The Court, however, granted 10 days time to the State Government to question the order in a Division Bench of the HC.

The polls to elect  the Councillors of Municipalities were held in Aug. 2018 and the notification of reservation of posts of Presidents and Vice-Presidents were issued on Sept. 3, 2018. However, the Government withdrew the  earlier notification on Oct. 8, 2020 and issued a fresh reservation matrix for Presidential posts of Town Panchayats, City Municipal Councils and Town Municipal Councils.

Meanwhile, senior Advocate A.S. Ponnanna, reacting to the HC order, said that the HC has struck down the reservation notification of the State Government as the Roster system was not followed. Thursday’s HC order poses a threat to the continuance of several Presidents and Vice-Presidents of Urban Local Bodies who were elected only a few days ago, he said. 

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Pointing out that a fresh election has to take place for Presidential posts, he said that, however, the Government has been granted 10 days time to question the order before a Division Bench of the HC.

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