Karnataka High Court asks State to complete BBMP elections by December 31; redo women, OBC reservation

The Karnataka High Court last week directed the State government to complete the elections to the Bruhat Bengaluru Mahanagara Palike (BBMP) on or before December 31 and redo the process for reservation for women and Other Backward Classes (OBC) [V Srinivas v State of Karnataka]..A bench of Justice Hemant Chandangoudar directed State government to redo the exercise of providing reservation 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."The final notification providing reservation to SC/ST, Backward Classes and Women shall be published on or before 30.11.2022. The Karnataka State Election Commission to complete the election process within 30 days from the date of publication of final notification...I hope and trust that the State Government shall make all endeavours to complete the election process on or before 31.12.2022," the Court said. .The bench also quashed government order dated August 16, 2022 which provided reservation to 243 wards of BBMP under women and OBC categories."The impugned final notification dated 16.8.2022 bearing No.UDD 102 BBS 2022, Bengaluru, issued by the Under Secretary, Urban Development Department (BBMP-2) is hereby quashed," held the bench..By way of background, the State government had constituted Dr. Justice K Bhaktavatsala Commission of enquiry for reservation to Other Backward Classes (OBC) in local bodies across the State of Karnataka which in its report suggested for one third reservation.Thereafter, the State government carried out the exercise of ward reservation on the basis of the report submitted by the Commission and issued a notification notifying the ward-wise reservation for 243 wards of BBMP out of which, 81 wards were reserved for backward classes and 120 for women randomly.Taking exception to the same, the writ petition was moved before Court..The Court observed that the Commission was required to find out which of the communities were backward in the local bodies across State of Karnataka on the basis of empirical data and, thereafter, opine on providing reservation of 33% of total seats in favour of OBCs including the minorities in local bodies. "The Commission was required to conduct a rigorous investigation into the pattern of the backwardness that acts as a barrier to political participation which are indeed quite different from patterns of disadvantages in the matter of access to education or employment," the Court said. .It further ruled that the notification issued by the State government providing reservation for backward classes on the basis of the report submitted by the Commission of Enquiry was contrary to the triple test set down by the Supreme Court in the K Krishnamurthy case."The conclusion that large numbers of castes and communities come under the category of A and B of other backward classes and that they are still socially and politically backward is alleged to be based on the data pertaining to urban and local body elections held in the State of Karnataka in the year 1996, 2001, 2010 and 2015. The conclusion that 44% of the state population consists of backward class including minorities is imaginary and the same is contrary to the triple test enumerated in the case of K Krishnamurthy (supra).".The bench further noted that the reservation of wards for women was arbitrary and the majority of reservation of wards for women in constituencies held by the opposition parties was deliberate though the population of the women in wards in the constituencies was on the higher side."The object of providing reservation to women is to encourage women to participate in political issues and have equal rights to contest the election to Councilors of BBMP and a sense of equality is maintained by creating such reservations for women. The reservation of majority of the wards for women in particular constituencies will deprive the women of other constituencies having larger population of women from participating in political issues and the same is arbitrary and discriminatory," the Court said..Imminence of elections cannot be a ground to dispense with allocating seats to backward classes which is a statutory requirement, the Court made it clear.In view of above, the Court allowed the petition and directed State government to cooperate with the Commission in furnishing the empirical data so as to formulate a report and submit the same to State government for publication of final notification.The matter will be heard next on November 30..[Read Order]