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In a significant order, the Karnataka High Court has recently opined that reservation in favour of women in grass root politics like Village Panchayat is a step towards the fruition of the dreams of Mahatma Gandhi, the Father of the Nation.

Laying emphasis on this, Justice M Nagaprasanna observed that though the 73rd Amendment to the Constitution was a step towards self-governance at gross root level politics, participation of women in the said level still remains a dream.

“It is in fact a vindication of empowerment of woman in gross root politics. In my considered view, the case at hand is a clear step towards the fruition of the dreams of the father of the nation with regard to village level governance and participation of women in such governance.

73rd Amendment to the Constitution was a step towards self-governance at gross root level but equal right insofar as participation of women at gross root level had not come about. This is a classic case where empowerment of the hitherto under-powered has emerged in all vigor at grass root level. The challenge is made one of the petitioner who is a Scheduled Caste man. If it were to be contrary to law, it would have been a different circumstance altogether, while it is not. It is high time that men make way or give such opportunity to women, the woman - Adhyaksha in Konaje Gram Panchayat.”

The petitioners are elected members of Konaje Grama Panchayat. Results in the said elections were declared on December 30, 2020, after which, the 3rd respondent/Karnataka State Election Commission passed an order on January 1, 2021 prescribing certain guidelines in the matter of reservation of office of Adhyaksha and Upadhyaksha of the Gram Panchayat in favour of Scheduled Castes, Scheduled Tribes, Backward Class ‘A’, Backward Class ‘B’ and for women.

In terms of the notice issued by the Election Commission, proceedings were held on January 18, 2021, reserving the offices of Adhyaksha and Upadhyaksha of the Gram Panchayats in Mangalore Taluk. In the said proceedings, the office of Adhyaksha of Konaje Grama Panchayat was reserved for Scheduled Caste (Woman). 
It is this reservation in favour of Scheduled Caste (Woman) for the office of Adhyaksha in Konaje Grama Panchayat that prompted the petitioners to move the High Court. 

The counsel appearing for the petitioners, Advocate Anandarama K submitted that the office of Adhyaksha of Konaje Grama Panchayat ought to have gone to Scheduled Caste Man and not to Woman, in the light of the fact that there was already a Scheduled Caste member out of 12 elected members in the Gram Panchayat.
On the other hand, the Additional Government Advocate Prathima Honnapura submitted that guidelines are formulated by the Commission in exercise of powers conferred under the Constitution and Section 44 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 Act and this having been followed for the purpose of election to the Konaje Grama Panchayat, there is no violation of the guidelines dated January 1. 

Noting the rival contentions, the Court observed that the plausible justification given by the State and the Election Commission is acceptable as the allotment of Scheduled Caste (woman) reservation to Konaje Grama Panchayat comes about in the light of the fact that on earlier occasion when elections took place in the year 2015, Adhyaksha of Konaje Grama Panchayat had been allotted to general category and insofar as Kinya Gram Panchayat is concerned, it was reserved for general (woman). 

Therefore, following the guidelines that there should be a rotation which should not result in repetition of reservation to women, the office of Adhyaksha in the year 2021, is allotted to Scheduled Caste (woman) in Konaje Grama Panchayat. The allotment of reservation to the office of Adhyaksha and Upadhyaksha is undertaken by taking Taluk as a unit, the order stated.

The Court further observed that, 
“The guidelines stipulated for reservation on rotation basis would clearly indicate that the repetition of reservation should be avoided as far as possible. The usage of software for picking up seats to be reserved for particular category cannot be held to be arbitrary as contended by the petitioners unless it is demonstrable that it has resulted in illegality or arbitrariness, demonstration of which, I do not find in the case at hand. It is a uniform process that is evolved by the Commission and is directed to be implemented”.

While dismissing the instant petition, the Court opined that members in all the reserved seats being women and Adhyaksha of Konaje Gram Panchayat being a woman, cannot be held to be arbitrary.

“The situation projected by the petitioner in the first blush would seem that seats reserved for members of all the Gram Panchayat being given to women. But such fact has become inevitable as women have in fact emerged victorious in all the seats reserved for Scheduled Castes and Scheduled Tribes and to the post of Adhyaksha of Konaje Gram Panchayat is given to a woman as there are two members elected who belong to Scheduled Caste in Konaje Gram Panchayat - one a man and the other a woman. Therefore, members in all the reserved seats being women and Adhyaksha of Konaje Gram Panchayat being a woman, cannot be held to be arbitrary.”

Cause Title: Ravi and another vs State of Karnataka and others