LAXMIPATHI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner is challenging the Notification dated 27-11-2006 produced vide Annexure-H issued by the Deputy Commissioner, Davanagere, notifying the reservation in favour of different categories for the post of Adhyaksha and Upadhyaksha in respect of different Grama Panchayats. coming within Chennagiri taluk of Davanagere District.

(2.) The main grievance of the petitioner is that as per the impugned notification, the reservation for the post of Adhyaksha for the Kodadahalli Grama Panchayat is made in favour of Scheduled Caste which would in effect result in reservation being made in favour of woman candidate. It is the contention of the petitioner that the post of Adhyaksha has been reserved on more than one occasions in favour of a woman Candidate.

(3.) Out of the elected members of the Panchayat, a lone candidate who is elected as Scheduled Caste candidate is a lady and if the post of Adhyaksha is reserved in favour of Scheduled Caste candidate it will necessarily go in favour of a woman which tantamounts to again reserving the post in favour of a woman candidate is the argument. In this regard, learned counsel for the petitioner Sri. B. M. Siddappa drawing the attention of the Court to Annexure-J the order dated 3-3-2005 issued by the State Election Commission submits that there cannot be reservation in favour of a woman candidate for successive periods in respect of a Grama Panchayat.