A person elected in a general category to a Gram Panchayat can contest for the post of Adhyaksha or Upadhyaksha in a reserved category, as long as they belong to that reserved category.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs :

a. Writ in the nature of certiorari or any other appropriate writ or order quashing the order dated 9.8.2023 passed by the R2 in case No.CHU(2)VIVA/13/2023-24 certified copy of which is produced as Annexure-E and the certificate bearing No.ICR/ELN/CR/01/23-24 dated 23.6.2023 issued by the R4 produced as Annexure-B by declaring them as illegal, void and wholly without the authority of law.

b. Grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case including an order as to cost of this writ petition.

2. The petitioner claims to be a resident and voter in Lingammanahalli Village, which is one of the constituent village of the Kunnala Grama Panchayath, which has 9 wards and 21 duly elected representatives. The petitioner was elected to the said Gram Panchayath from Lingammanahalli-1 from one of the seats which was reserved for category-B Woman (BCB-woman). Respondent No.6 is stated to have been elected for one of the seats in Doddakunnala, from the general i.e., unreserved category in the year 2020 in the election held on 22.12.2020.

3. Elections having been called for the post of Adhyaksha and Upadhyaksha in the year 2023. It is stated that respondent No.6 having obtained a caste certificate showing herself to belong to BCB-woman category contested for the post of Adhyaksha by filing her nomination which had been reserved for BCB -Woman.

4. It is assailing the same that the petitioner had approached the Assistant Commissioner who upheld the contention of the petitioner that respondent No.6 could not change the category from General to BCB-Woman and as such, granted an interim order, prohibiting Respondent No.6 from contesting the election.

5. Challenging the same, respondent No.6 had approached the Deputy Commissioner. The Deputy Commissioner had initially stayed the order of the Assistant Commissioner and permitted the respondent No.6 to contest the election and vide final order dated 09.08.2023 taking into account that Respondent No.6 was returned as the successful candidate which was challenged vide a Election Petition filed by the petitioner came to the conclusion that all those matters would have to be decided in the said Election Petition but however had made various observations which lead to an inference that the change in the category was permissible and it is assailing the same that the petitioner is before this Court seeking for the aforesaid reliefs.

6. Sri. A.V. Gangadharappa, learned counsel for the petitioner would submit that :

6.1. Once a member of Gram Panchayath is elected in the general category, the said member cannot change the category to any reserved category and contest for the post of either Adhyaksha or Upadhyaksha, which is reserved for such particular category.

6.2. The second submission is that there has been a gross hurry in issuance of the caste certificate in favour of respondent No.6 which does not inspire any confidence and without the same having been referred to Caste Verification Committee, the Deputy Commissioner could not on his own come to a conclusion that the candidature of respondent No.6 in the reserved category was permissible.

6.3. By relying on Section 5 of the Gram Swaraj and Panchayat Raj Act, 1993 (for short, ‘the Act’) it is submitted that the reservation of seats having been categorically prescribed and the election having occurred in terms thereof, subsequently, the returned candidate cannot change its candidature. He also relies upon the decision of the Hon’ble Apex Court in the case of Bharati Reddy Vs. State of Karnataka and Others, (2018) 6 SCC 162 more particularly Paras 41 and 43 thereof, which are reproduced hereunder for easy reference :

41. This, however, will make no difference to the conclusion which we must reach in this case that the High Court could not have issued a writ of quo warranto until the income and caste certificate issued in favour of the