2019 (1) AKR 659 ::AIROnline 2019 Kar 67 ::(2019) ILR (Kant) 1409 ::2019 (1) KCCR SN 46 (KAR) ::(2019) 2 Kant LJ 371

Karnataka High Court

Hon'ble Judge(s): S. Sunil Dutt Yadav , J

(A) Constitution of India , Art.226, Art.243T, Art.243U— Electoral matters - Powers of High Court - Scope of interference - State Govt. notification stipulating reservation and principle of rotation for various wards of Municipal Corporation - State has power to implement constitutional mandate of reservation and rotation- But State has committed lapses in adherence to law - Interference of High Court warranted for reworking of notification relating to reservation and rotation -Notification quashed. State, which is vested with power to implement constitutional mandate of reservation and rotation and has put in place a Legislative and Executive measure to implement mandate, cannot be found to object to judicial review so as to enforce the mandate under law and to ensure that elections are not only conducted within the time prescribed but also in manner as mandated under law. If it is that State has committed lapses in adherence to law occasioning Court exercising its power of judicial review, State is required to ensure with all power at its command that its lapses are rectified and constitutional mandate of Art. 243-T as well as mandate of Art. 243-U and Part IXA of Constitution are adhered to. The present case make out a case for interference by High Court in exercise of power vested under Art. 226. In fact, delimitation process, as such, is not being inter....