2017 Supreme(Kar) 1301
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
K. SOMASHEKAR, J.
D. Siddayya S/o Thimmappa, & Ors. - Petitioners
Versus
State Of Karnataka & Ors. – Respondents
W.P. NO. 106417 of 2016 (LB-RES)
Decided On : 21-09-2017
For the Petitioners:Sri S.M. Chandrashekhar, Senior Counsel For Sri Rajashekhar Burji And S.B. Mathapati, Advocates.
For the Respondents:Sri Ravi Hosamani, AGA Smt. K. Vidyavati, Standing Counsel, Sri Jayakumar S. Patil, Senior Counsel For Sri B. Sharanabasava, Advocate.
Headnote:KARNATAKA PANCHAYAT RAJ ACT, 1993 [K.A. No. 14/1993] - Section 175 - Removal of Adhyaksha - Respondent No.6 belonging to Kapu Community was elected as Adhyaksha from Backward Community 'B' category - Record showing within a few hours, her rental income was 1,40,000/- , had a pancard, an Income-tax assessee and that declaration of income was false - The enquiry as to verification of Caste Certificate was pending - Held, since the respondent No.6 has not declared her correct and proper family income only with an intention to hold the post of Adhyaksha which is a public office, must be prevented from holding the office. Writ of Quo-warranto was issued. Observations not to come in the way of enquiry as to genuineness of Caste Verification Certificate.
1. In this Writ Petition the Hon’ble Supreme Court in Petition(s) for Special Leave to Appeal (C) No(s). 17059/2017 (filed by the respondent No.6 herein) dated 17.08.2017 has directed this Court to dispose of the Writ Petition as expeditiously as possible, preferably within four weeks from the date of receipt of the order. Copy of the judgment of the Hon’ble Supreme Court is produced before this Court on 28.08.2017. In view of the direction of the Hon’ble Supreme Court, the matter is taken up on priority for disposal.
2. This Writ Petition is filed praying to issue a writ of Quo Warranto directing the respondent No.6 to vacate the office of the Adhyaksha, Zilla Panchayat, Ballari, and consequently quash the proceedings dated 29.04.2016 declaring the 6th respondent as Adhyaksha of Zilla Panchayat, Ballari, vide Annexure-H and also quash the caste certificate issued by the 5th respondent vide order dated 26.04.2016 in Application No. 1/16-17 to 6th respondent and for other reliefs.
3. Brief facts of the case are as under:
The respondent No.2 issued Calendar of Events (Annexure-A) on 18.01.2016 relating to the General Elections to be held in two stages for 922 constituencies of 26 Zilla Panchayats and 3884 constituencies of 175 Taluk Panchayats in the State. The respondent No.6 herein had contested and elected on 20.02.2016 as a Member of Zilla Panchayat, from 13-Badanahatti constituency which was reserved for General (Woman) Category. As per the Notification published in the Karnataka Gazette dated 15.04.2016 (Annexure-D) the post of Adhyaksha of Ballari Zilla Panchayat was reserved for Backward Community-B Category-Woman. Further, the respondent No.6 contested and elected for the post of Adhyaksha of Zilla Panchayat, Ballari, under Backward Class-B (Woman) category. The petitioners contended that the respondent No.6 does not belong to Backward Class-B category. However, she has managed to obtain a false caste certificate issued by respondent No.5. In the affidavit filed in support of the application for obtaining caste certificate she has not disclosed the correct family income and property held by them. The respondent No.6 has played fraud on the Constitution in order to obtain caste certificate and hence the petitioners have filed this writ petition. However, on 21.10.2016 this Court had dismissed the writ petition holding the writ petition is not maintainable. Aggrieved by the said order, the petitioners have preferred W.A. No. 101459/2016. The Division Bench after hearing the matter set aside the order of this Court and remanded the matter for consideration, which was challenged before the Hon’ble Supreme Court in Civil Appeal No. 10587/2017. The Hon’ble Supreme Court on 17.08.2017 disposed of the Civil Appeal directing this Court to consider afresh the matter and dispose of this writ petition as expeditiously as possible within four weeks from the date of receipt of a copy of the judgment. However, permitted the respondent No.6 to perform the functions of Adhyaksha of Zilla Panchayat, Bellary, in accordance with law and her continuation as such is subject to the result of the writ petition.
4. The respondent No.6 on 05.09.2017 filed objections to the writ petition contending that she belonged to Kapu Community and on the basis which she possessed the caste certificate to show that she belonged to BCB category and on the basis of which she got elected as Adhyaksha of Zilla Panchayat, Ballari. Further, she has specifically stated that the petitioner No.4-Mr. Satish Reddy s/o Shivaram Reddy, is a relative of respondent No.6 and had family disputes with her since long time and colluding with other petitioners and with other rival political leaders including the defeated candidate, who contested against the respondent No.6 for the post of Adhyaksha, filed this writ petition only with an intention to malign her political career and to tarnish her image in the political circle. Further, she belongs to “Kapu” caste, which is a