HC stays reservation for mayor, deputy mayor posts

HC stays reservation for mayor, deputy mayor posts

Reservations are in violation of guidelines, says petitioner

HC stays reservation for mayor, deputy mayor posts

The High Court, on Thursday, stayed the notification dated August 21, 2013 fixing reservation for the posts of mayor and deputy mayor for all city municipal corporations in the State.

The petitioner Abdul Azeez, Corporator from Mangalore City Corporation, had prayed for quashing the notification stating that the reservation was in violation of guidelines.

The Urban Development Department in its notification dated August 21, had given reservation for general (woman) for Mangalore City Corporation (MCC), while in the previous year (2012-13 ) the reservation was for backward classes (A).

‘Wrong pattern’

Stating that the reservation pattern followed was wrong, the petitioner pointed out that reservation cannot be repeated in respect to one corporation and that in case of Bruhat Bangalore Mahangara Palike (BBMP), non reserved category has been repeated for eighth term and general (woman) was allotted for Bangalore City Corporation way back in 2000-2001.

He also contended that in respect to Bellary City Corporation, reservation had not been allotted even for seventh term and sought to quash the reservation.

Justice Ravi Malimath, who heard the matter, stayed the notification dated 21 August announcing  reservation for all tCity Corporations of Mangalore, Belgaum, Bellary, Davangere, Gulbarga, and Hubli Dharwad and Mysore, observing that the State government has not given adequate thought before announcing the reservation.

According to year 2000 judgement by the High Court, elected representatives and the public should be given an opportunity to file their objections.

In addition, High Court directions in 2009 say that there should be six months time given to file objections.

Notification stayed

In another petition by Hallesh, Councillor from Harpanahalli in Davangere district, notification has been stayed in all 94 TMCs, all City Municipal Council and town panchayats.

The petitioner contended that the reservation was not in accordance with guidelines issued by the State. Stating that reservations for some TMCs and CMCs are repeated and no proper opportunity was given to counsellors to file their objections.

Justice Ravi Malimath stayed the notification announcing reservations for TMC, CMCs and town panchayats.