High Court pulls up govt on reservation of BBMP
Express News Service
First Published : 28 Oct 2009 06:51:59 AM IST
Last Updated : 28 Oct 2009 08:19:15 AM IST
BANGALORE: The High Court on Tuesday pulled up the state government
for framing unscientific guidelines for reservation of wards for
Bruhat Bengaluru Mahanagara Palike (BBMP) elections.
The court observed that the guidelines were framed without considering
legal and constitutional requirements. With an intention to postpone
the BBMP elections, the government framed such guidelines, the court
said.
While hearing a petition by Ramakrishna Pai and others, Justice H N
Nagamohandas directed BBMP to file details regarding list of wards,
percentage of scheduled castes and scheduled tribes (SC/ST)
population, besides the percentage of SC/ST women in the population of
the city.
Jayakumar S Patil, senior counsel appearing for the petitioner, argued
that importing the Assembly constituency concept of reservation to
BBMP wards was not permissible under the Karnataka Municipal
Corporation Act.
While allotting the reservation, the government had identified two
Assembly constituencies with the highest population of SC/ST
communities, out of the 23 Assembly constituencies in the city. Then,
reservation was allotted to certain wards with highest SC/ST
population in those constituencies, the petitioner's counsel argued.
Such allotment of reservation is unscientific and it would not serve
the purpose of providing justice to the SC/ST people.
While fixing reservation, the city should be considered as a whole and
priority should be given to those wards which have the highest SC/ST
population, Patil argued.
If the Assembly constituency criteria in considered, the reservation
of wards will be concentrated only in some constituencies and wards
with the highest population of SC/ ST communities in other
constituencies will be deprived reservation, the counsel argued.
The government, on July 21, 2009, had issued guidelines for fixing
reservation of BBMP wards.
The petitioner challenged the guidelines saying they were unscientific.
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