B.VEERAPPA
L. Padmavathi, w/o G. Gopalakrishnashetty – Appellant
Versus
State of Karnataka By Its Secretary Panchayatraj And Urban Development Dept – Respondent
1. The petitioner filed the present writ petition for a writ of certiorari to quash to impugned notice issued by the 4th respondent bearing No. ELN(PAPUMSA)CR 05/2018-19 dated 13.06.2018, as per Annexure-K and to quash Section 42(11) of the Karnataka Municipalities Act, 1964, as it is unconstitutional, ultra vires and opposed to Section 18(1)(a) of the Karnataka Municipalities Act, 1964.
I FACTS OF THE CASE:
2. It is the case of the petitioner that the petitioner was elected as a member of Town Panchayath, Sargur, from ward No.11 of Sargur Town, H.D.Kote Taluk, Mysuru District and has been serving the public since 2015. The petitioner is known in public as most sincere and honest member of the Panchayath serving with devotion and she is deserved for the post of President.
The petitioner belongs to BCM(A) category as she belongs to Thogata community, which was not given any chance to represent the post of President in Sargur Town Panchayat for the last 13 years. Though it was brought to the notice of all the respondent authorities, deliberately with political forces they were going on with repetition, depriving petitioner’s right to contest to the post of President and represent
Saraswati Devi vs. Shanti Devi (Smt) and others reported in (1997)1 SCC 122
State of Himachal Pradesh and others vs. Satpal Saini reported in AIR 2017 SC 810
Ram Krishna Dalmia and others vs. Shri Justice S.R.Tendolkar and others reported in AIR 1958 SC 538
Tejkumar Balakrishna Ruia vs. A.K.Menon and another reported in AIR 1997 SC 442
Bank of Baroda vs. Rednam Nagachaya Devi reported in AIR 1989 SC 2105
Budhan Choudhry v. The State of Bihar 1955 1 SCR 104: (S) AIR 1955 SC 191(A)
Chiranjit Lal v. The Union of India 1950 SCR 869 : AIR 1951 SC 41 (B)
State of Bombay v. F. N. Balsara [1951] S.C.R. 682 : AIR 1951 SC 318 (C)
The state of west Bengal v. Anwar Ali Sarkar
Kathi Raning -Rawat v. The State of Saurashtra [1952] SCR 435 : AIR 1952 SC 123 (E)
Lachmandas Kewalram v. The State of Bombay [1952] SCR 710: AIR 1952 SC 235 (F)
Qasim Razvi v. The State of Hyderabad [1953] SCR 589 : AIR 1953 SC 156 (G)
Habeeb Mohamad v. The State of Hyderabad [1953] SCR 661: AIR 1953 SC 287 (H)
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