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2017 Supreme(Kar) 1248
IN THE HIGH COURT OF KARNATAKA BENCH AT DHARWAD
S. SUJATHA, H.B. PRABHAKARA SASTRY, JJ.
Smt. Bharati Reddy W/o Thimmareddy – Appellant
Versus
State of Karnataka Department of Rural Development and Panchayat Raj – Respondent
W.A. Nos. 5872, 100657 of 2017
Decided On : 04-12-2017
For the Appellants : Sri. Ravi Verma Kumar for Sri. Gangadhar J.M.
For the Respondents: Sri. S.M. Chandrashekar, Sri. Rajashekar Burji, Sri. C.S. Patil, Sri. Shivaraj C. Bellakki.
Headnote:KARNATAKA PANCHAYAT RAJ ACT, 1993 [K.A. No. 14/1993] - Section 2(2) - CONSTITUTION OF INDIA - Articles 226, 243-ZG - Electoral matters - Writ of quo warranto seeking direction to candidate to vacate office of Adhyaksha on ground of fraud on part of candidate - Post of Adhyaksha is public office - Notification containing note that returning candidate if income-tax assessee, not entitled for benefit of reservation in seats - Candidate obtaining false Caste Certificate on making false declaration that she is not income-tax assessee, resulting into usurpation of power of public office - Deliberate filing of false affidavit, is a serious misconduct - Writ of quo warranto issued directing candidate to vacate Office of Adhyaksha.
KARNATAKA PANCHAYAT RAJ ACT, 1993 [K.A. No. 14/1993] - Section 2(2) - Writ petition - Maintainability - Ground of non-joinder of necessary party - Challenging election of Adhyaksha - Plea of candidate regarding non-joinder of Regional Commissioner in petition - Regional Commissioner, Returning Officer ceased to be so upon subsequent declaration of result - Becoming functus officio - Regional Commissioner, is not a necessary party - Writ petition is maintainable.
CONSTITUTION OF INDIA - Articles 226, 243-ZG, 16(4) - Karnataka Panchayat Raj Act (14 of 1993), Section 2(2) - Writ petition - Maintainability - Ground of non-joinder of necessary party - Challenging election of Adhyaksha - Plea of candidate regarding non-joinder of Regional Commissioner in petition - Regional Commissioner, Returning Officer ceased to be so upon subsequent declaration of result - Becoming functus officio - Regional Commissioner, is not a necessary party - Writ petition is maintainable.
CONSTITUTION OF INDIA - Articles 226, 243-ZG, 16(4) & Karnataka Panchayat Raj Act (14 of 1993), Section 2(2) - Electoral matters - Post of Adhyaksha reserved for Backward Classes - Plea of exclusion of creamy layer to political representation - Notification for election containing note that returning candidate if income-tax assessee, not entitled for benefit of reservation in seats - Candidate making false statement of not being tax assessee, to qualify for post - Said fraudulent act cannot be cured subsequently by challenging notification - Unless adjudicated by appropriate Court, candidate cannot act contrary to terms of notification - False caste certificate obtained by fraud, is a nullity - Plea of exclusion of creamy layer, not maintainable.
1. These are intra court appeals filed under Section 4 of the Karnataka High Court Act, 1961.
2. Since these two appeals arise from the order of the learned single Judge in W.P. No. 106417/2016 dated 21.09.2017 and the issues involved being inter related, the same are heard together and disposed of by this common order.
3. Facts in brief are, the State Election Commission issued calendar of events on 18.01.2016 to hold general elections of the Zilla Panchayats and Taluk Panchayats in the State of Karnataka. The election for Ballari Zilla Panchayat was held on 20.02.2016. The Ballari Zilla Panchayat consists of 40 constituencies. The appellant in W.A. No. 5872/2017 (hereinafter referred to as the ‘appellant’) contested from Badanhatti Constituency-13 which is reserved for General (Women). The appellant got elected as a member of Ballari Zilla Panchayat from Badanhatti Constituency-13. After the elections to the Zilla Panchayat, the Government announced the reservations for the post of Adhyaksha and Upadhyaksha of all 30 Zilla Panchayats of the State. In respect of Ballari Zilla Panchayat, Adhyaksha post was reserved for the Backward Community-B and Upadhyaksha was reserved for the scheduled caste. The appellant made an application before the concerned authority for the caste certificate. The concerned authority granted a certificate to the effect that the appellant belongs to ‘Backward Community-B’ Category.
4. The appellant contested the election of Adhyaksha of Ballari Zilla Panchayat, which was held on 29.04.2016 and she got elected as Adhyaksha of the Ballari Zilla Panchayat. The voters of the said constituency filed W.P. No. 106417/2016 before this Court challenging the election of the appellant to the office of Adhyaksha mainly on the ground that the appellant is not qualified contestant for the election of Adhyaksha since she does not belong to ‘Backward Community-B’ category in terms of the notification dated 13.01.1995 issued by the Government of Karnataka. The learned Single Judge dismissed the writ petition on the ground of constitutional bar under Article 243-O.
5. The respondents being aggrieved by the order of the learned Single Judge filed W.A. No. 101459/2016 before this Court. The Division Bench of this Court by order dated 05.05.2017 allowed the writ appeal and remanded the matter to the learned Single Judge to decide the same on merits. The appellant being aggrieved by the order of Division Bench of this Court filed a Special Leave Petition No. 17059/2017 before the Hon’ble Apex Court. The Hon’ble Apex Court by order dated 17.08.2017 after upholding the order of the Division Bench of this Court directed the learned Single Judge to decide the case on merits.
6. In the meantime, the appellant filed W.P. No. 108700/2017 before this Court questioning the legality and validity of the notification dated 13.01.1995. This Court was pleased to stay the ‘Note’ under ‘category-B’ of the notification dated 13.01.1995, by order dated 01.09.2017 as far as the appellant is concerned.
7. Pursuant to the directions issued by the Hon’ble Apex Court, the learned Single Judge of this Court considered the case on merits and disposed of the W.P. No. 106417/2016 on 21.09.2017 issuing a writ of quo warranto directing the appellant to vacate the office of Adhyaksha, Zilla Panchayat, Ballari, quashing Annexure- H to the writ petition whereby respondent No. 6 was declared as Adhyaksha of Zilla Panchayat, Ballari. However, the prayer relating to annul the caste certificate issued to the appellant vide order dated 26.04.2016 in Application No. 1/16-17 issued by the Tahsildar, Kurugodu, Ballari (respondent No. 5 in W.P. No. 106417/2016) was rejected observing that the caste verification committee shall independently hold an enquiry and dispose of the case in accordance with law.
8. Being aggrieved by the order of the learned Single Judge, the appellant has preferred W.A. No. 5872/2017, as regards issuance of quo warranto, directing the
