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Synopsis

On finding the impugned notification in contravention of the triple test, a Bench of Justice Hemant Chandangoudar, was of the opinion that imminence of elections cannot be a ground to dispense with allocating seats to backward classes which is a statutory requirement. Resultantly, the Karnataka State Election Commission was directed to complete the election process within 30 days from the date of publication of final notification. 

A notification was issued by the Department of Urban Development whereby the State Government had finalised the reservation of wards to Bruhat Bengaluru Mahanagara Palike (BBMP), which was challenged in the petition.

In the present matter, post an inquiry report by the Commission of Enquiry, the State Government issued an impugned notification notifying a ward wise reservation for 243 wards of BBMP out of which, 81 wards are reserved for backward classes and 120 wards are reserved for women 'randomly'. The reports formulated by Dr.Justice K Bhaktavatsala Commission of Enquiry for OBC Reservation in Local Body Elections in the State of Karnataka was also challenged. Therefore, the grounds on which the reservations were subjected to scrutiny were:

-Reservations to the backward classes is contrary to the triple test as laid down in K Krishnamurthy vs Union (2010) 7 SCC 202.

-Reservation for women was confined to certain constituencies and there is no proportionate reservation of wards in the constituencies which establishes the intention of the ruling party is to gain unfair advantage.

The grievance of the petitioner, a member of belonging to a scheduled caste community was that he wanted to contest the election of the councilor of BBMP. And it was alleged that the reservation of seats was done without taking into account the strength of the population in various wards, and without taking into consideration the higher population of scheduled caste and scheduled tribe.

The Court while noted, "The elections are the essence of democracy and the elections which are long over due has deprived the voters of Bengaluru City in electing their representatives, thus causing inconvenience and hardship".

The Court after taking note of the facts of the matter, the arguments of the State and the petitioners, stated that, "The Government by order dated 30.07.2022 has framed Rules with respect to the allotment of reservation to Scheduled castes and Scheduled Tribes by allocating the seats in the descending order with respect to wards having greater percentage of population of Scheduled castes and Scheduled Tribes. However, there is no criteria fixed for providing horizontal reservation to women and the Government has stated that it has adopted randomization for allotment of seats to women and backward class since the elections to BBMP after it was constituted under the BBMP Act, 2020 is to be held for the first time".

Further directed the State Government to redo the exercise of providing reservation (posts) to the women for elections to the councilors of BBMP by allocating seats in the descending order with respect to wards having greater percentage of population of women. And further directed the State Government to cooperate with the dedicated commission in furnishing the empirical data.

Case Title: V Srinivas vs. State of Karnataka