- (1.) ALL the four writ appeals involve similar questions of fact and law, hence are heard together for common disposal. In W.A. Nos. 1718/2007 and 1720/2007 Sri S.M. Babu has filed an application on behalf of one Sri M. Anwarji
(2.) THESE appeals pertain to the Municipal elections of Chikkaballapur City Municipality. The Election Commissioner is R -4 in both the appeals who issued notification dated 4.08.2007 for conducting elections to the local bodies including Chikkaballapur Municipality. The Government by notification dated 30.07.2007 issued notification regarding the roster pattern to be followed in the election to the various Municipalities as per Annexure -C. The calendar of events dated 04.08.2007 was stayed by this court on 7.8.2007. The Supreme Court in S.L.P. No. 14334/2007, in view of the undertaking of R -4 that elections would be held before 30.09.2007 stayed the stay order granted by this court in W.P. No. 12391/2007. The calendar of events dated 4.8.2007 virtually had became unworkable and infructuous, therefore R -4 issued calendar of events dated 4.9.2007. The date of filing of nomination commenced from 10.9.2007 and closing date for nomination is 17.9.2007. The Government issued a corrigendum at Annexure -A dated 3.9.2007 in effecting certain changes in the roster pattern for some of the wards in the various Municipalities including the elections for Chikkaballapur Municipality. Annexure -C notified Ward No. 4 as seat reserved for general (Woman) and Ward No. 23 was reserved for general category. The Government by corrigendum at Annexure -A interchanged the reservation making Ward No. 4 as general seat and Ward No. 23 as General (Woman). The corrigendum at Annexure A is made applicable for the purpose of receiving nominations. R -5 filed the writ petition challenging the corrigendum at Annexure -A dated 03.09.2007 as illegal and sought a direction that the elections to be held to Ward No. 4 and Ward No. 23 as per the roster published in Annexure -C. The learned single Judge has found that the corrigendum issued at Annexure -A is arbitrary and illegal and without any reasonable basis. Hence by interim order directed that the acceptance of nominations to Ward No. 4 and Ward No. 23 shall be as per the roster noted in Annexure -C. The appellant has filed nomination to contest the election on the basis of the reservation noted in Annexure -A.
(3.) SRI Jayakumar S. Patil, learned Senior Counsel for R -5 in W.A. No. 1718/2007 in support of the order of the learned single Judge submitted the following arguments - (1) The roster pattern issued in Annexure -C has been issued after public hearing and in accordance with law. The issue of corrigendum at Annexure -A by the Government changing the roster pattern is whimsical, arbitrary and illegal The corrigendum at Annexure -A is not in the nature of correction of errors but the corrigendum substantially alters the roster pattern. Annexure -A is issued in haste without following the necessary procedure of public hearing and in accordance with law, therefore the elections have to be held in accordance with Annexure -C. (2) The prohibition in Section 13 of the Municipalities Act does not take away the jurisdiction of this court under Article 226 of the Constitution when there is arbitrary and malafide exercise of power. (3) The scope of provisions under Article 243 -ZG only deals with de -limitation and allotment of seats but does not include the reservation of seats. Hence there is no constitutional bar to enquire into the legality of the roster made in Annexure -A. (4) The Government has not come out with any convincing explanation as to the impelling circumstances to warrant to issue corrigendum at Annexure -A. Therefore the learned single Judge was correct in holding that Annexure -A is illegal and the elections have to be held in accordance with the roster noted in Annexure -C. ;