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2011 Supreme(Kar) 43

B.V.NAGARATHNA
Shantha Naik – Appellant
Versus
Rajeevi – Respondent


Advocates appeared:
For the Petitioner:I. Tharanath Poojary, Advocate. For the Respondents:R2 & R3 - H.T. Narendra Prasad, HCGP, R1 - Jayana Kothari, Advocate.

Judgment :-

1. In this writ petition, petitioner has challenged the order dated 30/10/2010 passed by the Prl. Civil Judge & J.M.F.C., Mangalore, in Election Petition No.1/2010, which is produced at Annexure ‘A’ and he has also challenged the order dated 5/5/2010 passed by the Tahsildar – Respondent No.3, which is produced at Annexure ‘E’.

2. According to the petitioner, she is a member of the Bhovi community, a Scheduled Caste , by birth and was married to Sri Narayan Naik, a member of Scheduled Tribe on 7/3/1993 at Kateel as per the customary rights of the community; that she has been recognized as a member of her husband’s caste and accepted by the public as a member of the Naik Community. She filed her nomination as a candidate of Ward No.2 of Mogaru Village, which is reserved for Scheduled Tribe women, on 23/4/2010, to be elected a member of Ganjimutt Gram Panchayat. At the time of filing her nomination, she had attached a Caste Certificate issued by the Tahsildar, certifying that she belonged to Scheduled Tribe. On scrutiny, the same was accepted and she contested for the said election as per Section 17 of the Karnataka Panchayat Raj (Conduct of Elections) Rules, 1993 (hereinaf



























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