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2018 Supreme(SC) 215

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Bharati Reddy – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT :

A.M. Khanwilkar, J.

1. This appeal, by special leave, takes exception to the judgment and order passed by the Division Bench of the High Court of Karnataka, Dharwad Bench dated 04.12.2017 in Writ Appeal No. 5872 of 2017.

2. Briefly stated, pursuant to notification dated 04.12.2015, elections were held and the appellant was elected on 28.03.2016 as a member of the Zilla Panchayat from 13- Badanahatti Constituency, Ballari District, Karnataka which was reserved for General (Women) Category. Later, the State Government published a notification on 15.04.2016 declaring the reservation for the post of Adhyaksha and Upa-Adhyaksha of Zilla Panchayats in the State. In Ballari Zilla Panchayat, the post of Adhyaksha was reserved for the category of Backward Caste-B (Women). After the said notification, since the appellant intended to contest the election to the post of Adhyaksha of Ballari Zilla Panchayat, she made an application on 22.04.2016 to the jurisdictional Tahshildar for issuance of Income and Caste Certificate, a certificate which was a prerequisite for submitting the nomination form for the election to the post of Adhayaksha. That certificate was issued by the Tahshildar on









































































































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