A candidate's eligibility to contest in elections must align with the reservation categories at the time of nomination, and subsequent changes in caste status do not retroactively validate an election.

JUDGMENT

1. In this appeal, the appellant has assailed the order dated 31.08.2023 passed by the learned Single Judge in Writ Petition No.202197/2023.

2. We have heard the learned counsel appearing for the appellant and the respondents and perused the material on record.

3. The undisputed facts are that, the appellant was elected as member of Gram Panchayat, Sonna - 16, Taluk Jewargi, District Kalaburagi in the elections conducted to the constituency of Ward No.1, as per election certificate dated 30.12.2020. After completion of the term of Adhyaksha and Upadhyaksha, as per order dated 04.07.2023 issued by the Deputy Commissioner, Kalaburagi, meeting was scheduled for conducting the election to the said post for the second term and the election was fixed on 03.08.2023. The post of Adhyaksha was reserved for ST-Woman candidate and the post of Upadhyaksha was reserved for Backward Class-A ('BC-A' for short).

4. The appellant, aspiring for the post of Adhyaksha, filed an application to the competent authority to issue the caste certificate, claiming that she belong to Talawar caste, coming under Scheduled Tribe category ('ST' for short). The Tahasildar issued an endorsement dated 18.07.2023 refusing to issue the caste certificate.

The said endorsement (Annexure-G) was challenged in the aforementioned writ petition. The appellant sought for an interim order, to permit her to contest the election for Adhyaksha of Gram Panchayat, Sonna, scheduled on 03.08.2023.

5. The learned Single Judge, by way of an interim order, passed on 02.08.2023, directed the respondents to permit the appellant herein to contest the election, in terms of calendar of events dated 03.08.2023, subject to the result of the writ petition. Accordingly, the appellant contested the election and got elected as President of Gram Panchayat, Sonna.

6. During the pendency of the writ petition, respondent No.3 issued the caste certificate to the appellant on 08.08.2023, stating that the appellant belongs to Talawar community, which is included under ST category. Respondent No.4 got impleaded in the writ petition and contended that the appellant herein was elected from Ward No.1, which was reserved for BC-A, declaring that she belongs to Kabbaliga caste, whereas respondent No.4 contested the election from Ward No.2 reserved for ST-Woman and got elected and she being the only candidate belonging to ST -Woman, is entitled to be elected as Adhyaksha, which post was reserved for ST-Woman.

7. The learned Single Judge dismissed the writ petition observing that the appellant herein was elected as Member of Sonna Gram Panchayat, under other Backward Class Category-A and therefore, she cannot get the benefit of calendar of events wherein the post of Adhyaksha was reserved for Scheduled Tribe (Woman) Category. The learned Single Judge has come to the conclusion that the election of the appellant to the post of Adhyaksha of Gram Panchayat is null and void and against the constitutional principles and further observed that it is open for the respondents to issue new calendar of events to elect the Adhyaksha of Sonna Gram Panchayat, at the earliest, within a period of two weeks from the date of receipt of a certified copy of the order.

8. The learned Single Judge has also observed that the Deputy Commissioner of Kalaburagi shall initiate criminal action against the appellant and the respondent authorities were directed to take appropriate action against her and disqualify her membership of the Gram Panchayat, in accordance with law.

9. The contention of the learned counsel for the appellant is that the appellant belongs to Talawar ST Caste, as it is found in the school records and the Headmaster, Government High School, Aurad, Taluk Jewargi, District Kalaburagi has issued the school certificate dated 26.06.2023, which shows that she belongs to Hindu Talawar caste. Further, the caste certificate of the brother of the appellant also discloses that he belongs to Talawar Caste which comes under Sche