Karnataka High Court
Lakshmi @ Mahalakshmi vs Karnataka State Election ... on 11 October, 2023
Bench: Mohammad Nawaz, Rajesh Rai K
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WA No. 200115 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO.200115 OF 2023 (GM-CC)
BETWEEN:
SMT. LAKSHMI @ MAHALAKSHMI
W/O. YALLAPPA
AGED ABOUT 28 YEARS,
OCC: MEMBER, SONNA GRAM PANCHAYAT,
TQ.JEWARGI, DIST. KALABURAGI.
...APPELLANT
(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)
AND:
Digitally signed by 1. KARNATAKA STATE ELECTION COMMISSION,
KHAJAAMEEN L
MALAGHAN REPRESENTED BY ITS SECRETARY,
Location: HIGH
COURT OF 2ND AND 3RD FLOOR, NO.16, BALLARI ROAD,
KARNATAKA
SADASHIVANAGARA, BENGALURU - 560 080.
2. THE ASSISTANT DIRECTOR, GRADE-II,
DEPARTMENT OF SOCIAL WELFARE,
JEWARGI, DIST. KALABURAGI - 585 101.
3. THE TAHSILDAR GRADE-II,
JEWARGI, DIST. KALABURAGI - 585 301.
4. SHRUTI W/O HANCHAPPA
AGED ABOUT 31 YEARS,
OCC: SONNA GRAMA PANCHAYAT MEMBER,
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NC: 2023:KHC-K:8142-DB
WA No. 200115 of 2023
TQ. JEWARGI, DIST. KALABURAGI - 585 310.
...RESPONDENTS
(BY SRI AMARESH S. ROJA, ADVOCATE FOR R1;
SRI C.JAGADISH, ADVOCATE FOR R2 AND R3;
SRI MAHADEV S. PATIL, ADVOCATE FOR C/R-4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 31.08.2023 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS COURT IN W.P.NO.202197/2023 AND
CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE
APPELLANT IN TOTO AND PASS SUCH ANY OTHER ORDERS AS
DEEMED FIT BY THIS COURT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS APPEAL HAVING BEEN HEARD AND RESERVED ON
21.09.2023, COMING ON FOR PRONOUNCEMENT OF JUDGMENT
THIS DAY MOHAMMAD NAWAZ J., DELIVERED THE
FOLLOWING:
JUDGMENT
In this appeal, the appellant has assailed the order
dated 31.08.2023 passed by the learned Single Judge in
Writ Petition No.202197/2023.
2. We have heard the learned counsel appearing
for the appellant and the respondents and perused the
material on record.
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WA No. 200115 of 2023
3. The undisputed facts are that, the appellant
was elected as member of Gram Panchayat, Sonna - 16,
Taluk Jewargi, District Kalaburagi in the elections
conducted to the constituency of Ward No.1, as per
election certificate dated 30.12.2020. After completion of
the term of Adhyaksha and Upadhyaksha, as per order
dated 04.07.2023 issued by the Deputy Commissioner,
Kalaburagi, meeting was scheduled for conducting the
election to the said post for the second term and the
election was fixed on 03.08.2023. The post of Adhyaksha
was reserved for ST-Woman candidate and the post of
Upadhyaksha was reserved for Backward Class-A ('BC-A'
for short).
4. The appellant, aspiring for the post of
Adhyaksha, filed an application to the competent authority
to issue the caste certificate, claiming that she belong to
Talawar caste, coming under Scheduled Tribe category
('ST' for short). The Tahasildar issued an endorsement
dated 18.07.2023 refusing to issue the caste certificate.
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The said endorsement (Annexure-G) was challenged in the
aforementioned writ petition. The appellant sought for an
interim order, to permit her to contest the election for
Adhyaksha of Gram Panchayat, Sonna, scheduled on
03.08.2023.
5. The learned Single Judge, by way of an interim
order, passed on 02.08.2023, directed the respondents to
permit the appellant herein to contest the election, in
terms of calendar of events dated 03.08.2023, subject to
the result of the writ petition. Accordingly, the appellant
contested the election and got elected as President of
Gram Panchayat, Sonna.
6. During the pendency of the writ petition,
respondent No.3 issued the caste certificate to the
appellant on 08.08.2023, stating that the appellant
belongs to Talawar community, which is included under ST
category. Respondent No.4 got impleaded in the writ
petition and contended that the appellant herein was
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elected from Ward No.1, which was reserved for BC-A,
declaring that she belongs to Kabbaliga caste, whereas
respondent No.4 contested the election from Ward No.2
reserved for ST-Woman and got elected and she being the
only candidate belonging to ST -Woman, is entitled to be
elected as Adhyaksha, which post was reserved for ST-
Woman.
7. The learned Single Judge dismissed the writ
petition observing that the appellant herein was elected as
Member of Sonna Gram Panchayat, under other Backward
Class Category-A and therefore, she cannot get the benefit
of calendar of events wherein the post of Adhyaksha was
reserved for Scheduled Tribe (Woman) Category. The
learned Single Judge has come to the conclusion that the
election of the appellant to the post of Adhyaksha of Gram
Panchayat is null and void and against the constitutional
principles and further observed that it is open for the
respondents to issue new calendar of events to elect the
Adhyaksha of Sonna Gram Panchayat, at the earliest,
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within a period of two weeks from the date of receipt of a
certified copy of the order.
8. The learned Single Judge has also observed
that the Deputy Commissioner of Kalaburagi shall initiate
criminal action against the appellant and the respondent
authorities were directed to take appropriate action
against her and disqualify her membership of the Gram
Panchayat, in accordance with law.
9. The contention of the learned counsel for the
appellant is that the appellant belongs to Talawar ST
Caste, as it is found in the school records and the
Headmaster, Government High School, Aurad, Taluk
Jewargi, District Kalaburagi has issued the school
certificate dated 26.06.2023, which shows that she
belongs to Hindu Talawar caste. Further, the caste
certificate of the brother of the appellant also discloses
that he belongs to Talawar Caste which comes under
Scheduled Tribe.
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WA No. 200115 of 2023
10. Nextly it is contended that the Revenue
Inspector, Jewargi and the Village Accountant, Sonna,
after conducting spot inspection has submitted a report
that the appellant belongs to Talawar Caste and the
Shirestedar has recommended to the Tahasildar, to issue
caste certificate to the appellant. After passing of the
interim order in the writ petition, permitting the appellant
to contest the election to the post of Adhyaksha of Gram
Panchayat, Sonna and during the pendency of the writ
petition, on 08.08.2023 respondent No.3/Tahasildar has
issued the caste certificate stating that the appellant
belongs to Scheduled Tribe.
11. It is contended by the learned counsel for the
appellant that the competent authority has issued the
caste certificate to the appellant as ST Talawar caste and
therefore, her election to the post of Adhyaksha, which
was reserved for ST woman is valid. It is further
contended that until the caste certificate issued to the
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appellant is in force and not cancelled by the competent
authority, no action can be taken, hence, the learned
Single Judge was not justified in concluding that her
election to the post of Adhyaksha is null and void and
further directing the authority to take action against the
appellant for initiating criminal action and to disqualify her
membership.
12. It is contended by the learned counsel
appearing for respondent No.4 that the appellant herein
was got elected from Ward No.1 which was reserved for
BC-A, by obtaining the caste certificate at the time of her
nomination, declaring by way of affidavit that she belongs
to Kabbaliga caste, whereas respondent No.4, who belongs
to Medar caste, which comes under ST category has
contested the election from Ward No.2, reserved for ST
Woman and got elected. After publication of reservation
for the post of Adhyaksha, appellant filed application for
issuance of caste certificate stating that she belong to
Talawar caste coming under ST category and by
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suppressing all the material facts approached this Court
under the writ jurisdiction and obtained an interim order.
It is therefore contended that having contested the
general election under Ward No.1 reserved for BC-A
woman, the appellant cannot contest for the post of
Adhyaksha which was reserved for ST-woman. He has
therefore sought to dismiss the appeal.
13. It is not in dispute that the appellant was
elected as a Member of Gram Panchayat, Sonna, Taluk
Jewargi, District Kalaburagi from Ward No.1, reserved for
BC-A and she got elected from the said reserved seat.
She has contested the general election for the Member of
Gram Panchayat, Sonna for the seat reserved for BC-A
woman. That being so, the appellant could not have
contested for the post of Adhyaksha, which was reserved
for ST-Woman category. Admittedly, the caste certificate
at Annexure-L was issued subsequent to the interim order
passed by this Court, wherein the respondents were
directed to permit the appellant to contest the election for
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WA No. 200115 of 2023
the post of Adhyaksha. However, the learned Single Judge
having appraised of the fact that the appellant was elected
as Member of Sonna Gram Panchayat under Backward
Class Category-A as per Annexure-R2, has rightly
observed that she cannot turn around to get the benefit of
calendar of events wherein the post of Adhyaksha was
reserved for Scheduled Tribes (Woman) category. The
appellant initially, while contesting as a Member of the
Gram Panchayat, has declared that she belongs to
Kabbaliga caste and only after the issuance of notification
reserving the post of Adhyaksha for the ST Woman
candidate, claimed to be the member of Scheduled Tribe.
Hence, she has not approached the writ Court with clean
hands.
14. After passing of the interim order in the writ
petition, the Tahasildar has issued the Caste certificate
dated 08.08.2023, as per Annexure-L to the appellant
stating that she belongs to Scheduled Tribe. Though the
appellant could not have contested for the post of
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Adhyaksha which was reserved for Scheduled Tribe
Woman category, since she was got elected as a Member
of Gram Panchayat, Sonna from Ward No.1 reserved for
Backward Class - A category, unless the caste certificate
now issued to the appellant is annulled by the competent
authority, no criminal action can be initiated against her.
15. In Bharati Reddy vs. State of Karnataka
and others reported in (2018) 6 SCC 162, relied on by
the learned counsel for the appellant, it is a case wherein
a writ of quo warranto was issued by the High Court,
directing the contesting respondent therein to vacate the
office of Adhyaksha, Zilla Panchayat, opining that the said
respondent had not declared correct and proper family
income only with an intention to hold the post of
Adhyaksha which is a public office. The Hon'ble Apex
Court held that the High Court could not have issued a writ
of quo warranto until the income and caste certificate
issued in favour of the appellant, on the basis of which she
participated in the election for the post of Adhyaksha and
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got elected was to be declared void or invalidated by the
Caste Scrutiny Committee.
16. The facts of the above case relied on by the
learned counsel for the appellant is entirely
distinguishable. In the said case, the appellant therein
intending to contest the election to the post of Adhyaksha
of Zilla Panchayat, reserved for the category of Backward
Caste-B (Woman) allegedly submitted a false affidavit
before the Tahsildar and contested the election and she
was declared elected. The same was challenged on the
ground that she played fraud by submitting a false
affidavit before the Tahasildar for issuance of income and
caste certificate.
17. In the case on hand, the appellant was elected
as a Member of the Gram Panchayat, Sonna from Ward
No.1 which was reserved for BC-A, mentioning her caste
as Kabbaliga and thereafter when the notification was
issued reserving the post of Adhyaksha for ST Woman, she
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applied for the caste certificate claiming that her caste is
Talawara and she belongs to Scheduled Tribe. If the
appellant is a member of Scheduled Tribe as claimed by
her, then she could not have contested the election from
Ward No.1, which was reserved for BC-A and not for
Scheduled Tribe. According to respondent No.4, she was
the only candidate in the Sonna Gram Panchayat who
belongs to Scheduled Tribe and she contested the general
election from Ward No.2, reserved for ST woman and got
elected from the said seat.
18. For the foregoing reasons, we find no error in
the order passed by the learned Single Judge in dismissing
the writ petition and concluding that the election of the
appellant herein to the post of Adhyaksha of Gram
Panchyat is null and void. However, directing the Deputy
Commissioner to initiate criminal action against the
appellant herein is not warranted at this stage.
Accordingly, we set aside the said direction. If the Caste
Verification Committee comes to the conclusion that the
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appellant has obtained a false caste certificate, only then
necessary criminal action may be initiated, in accordance
with law. Insofar as the direction issued by the learned
Single Judge for taking appropriate action against the
appellant and to disqualify her membership of the Gram
Panchayat, it is open for the concerned authority to
proceed in accordance with law, if it is found that the
appellant was not eligible to be elected as a member of
Gram Panchayat, Sonna from Ward No.1.
With the above observation, the writ appeal is
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
SWK
