1. Both these petitions are disposed of by a common order.

2. The petitioner Mr Anil Lobo who contested the elections for the post of Councilor of the Moodabidri Municipal Council, Mangalore Taluk has assailed the validity of the notification dated 16.10.1995 particularly, the Note appended to the said notification which gives classification of Category A and Category B of Backward Classes for the purpose of reservation of seats and offices of Chair Persons in the City Corporations and Municipal Councils.

The petitioner being a Christian, belongs to Category B but since he is an income tax assessee, he, as per the said Note 2, could not claim any reservation on the basis of his caste in the said elections. The relevant Note under Category B of the said notification dated 16.10.1995 is quoted below for ready reference.

No person falling under Category B shall be entitled to the benefit of reservation in the seats and offices of Mayor of City of City Corporations President – Municipal Councils/City Municipal Councils/Town Panchayats

(i) He/She or either of his/her: parents/guardian/his or her spouses is a Class I or Class II Officer in the service of the Government or holds an equivalent post in public section undertaking of an employee under a private employer and draws a salary: which is not less than of a Class II Officer (initial stage of the pay scale of Rs.2050-3950)

(ii) He/She or either of his/her parents/guardian his or her spouse is an income tax assessee or wealth tax assessee

(iii) He/She or either of his/her parents or guardian or his or her spouse is assessed to sales tax.

(iv) He/She or either of his/her parents/guardian his or her spouse or both together owns more than 8 hectares of rain fed or dry land or its equivalent.

It was also submitted at the bar by learned counsel for the petitioner that even though he was elected as a Councilor but upon the Election Petition filed by the defeated candidate Mr K Krishnaraj Hegde, MFA 10283/2013, came to be allowed by the learned Single Judge of this Court on 10.3.2015 in following terms:

HOUSING AND URBAN DEVELOPMENT SECRETARIAT

NOTIFICATION NO.HUD 636 MLR 95 BANGALORE, DATED 16.10.1995

Note: …….. (QUOTED ABOVE)

18. In page 15 of the said notification, Christians and Jains (digambaras) would come under ‘B’ category of backward class. Admittedly the petitioner-Krishnaraj Hegde is a Jain (Digambara), and the 1st respondent is a Catholic Christian. But the note appended to the said notification in page 15 excludes certain persons from B category from contesting an election to the Town Municipality or City Municipality. If a person is an income tax assessee or sales tax assessee, or his spouse is a Class I or II officer in the service of the Government, such person would be disqualified from contesting the said election.

19. The note appended to the said notification is in page 15 and the same is extracted below:

(not quoted here as already quoted above)

20. Column No.(ii) in the note appended to the gazette notification clearly disqualifies a person belonging to category B from contesting as a candidate for the post of councilor of a City Municipal/Town Municipal Council or Town Panchayath in Karnataka, if he or she is an income tax or sales tax assessee. It is the assertion of the petitioner both in the election petition as well as his oral evidence that the 1st respondent was an income tax and sales tax assessee as on the date of filing of the nomination. What is held by the learned judge of the Election Tribunal is that the petitioner had not raised his little finger when the nomination of the 1st respondent was taken up for scrutiny by the returning officer.

The appeal is allowed with costs. The order dated 11.11.2013 passed in Election Petition No.1/13 pending on the file of Senior Civil Judge, Karkala, upholding the lection of the 1st respondent from Ward No.21 of Moodabidri Town in the election held on 7.3.2013 is set aside. Consequently the election of the 1st respondent, Mr