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2024 Supreme(Kar) 192

M. NAGAPRASANNA
B. Guruprasad – Appellant
Versus
Assistant Commissioner Bengaluru North – Respondent


Advocates appeared:
Sadhana Desai, Advocate, C. Jagadish, Advocate for R-1 to R-4; Sri R.B. Sadasivappa, Advocate for R-5

ORDER

M. Nagaprasanna, J. - The petitioner is before this Court calling in question entire proceedings before the 1st respondent/Assistant Commissioner, Bengaluru Sub-Division, Bengaluru pending in file No.MSC/CR/ 113/20-21 as coram non-judice.

2. Heard Smt. Sadhana Desai, learned counsel appearing for the petitioner, Sri C.Jagadish, learned counsel appearing for respondents 1 to 4 and Sri R.B. Sadasivappa, learned counsel appearing for respondent No.5.

3. The facts adumbrated are as follows:-

    The issue revolves round the 5th respondent and her caste certificate. On 30-06-2015 a caste certificate is issued by the Tahsildar, Bengaluru North Taluk on an application filed by the 5th respondent that she belongs to Nayaka community, a Scheduled Tribe. On the strength of the caste certificate, it appears that the 5th respondent contested election to Councillor of Bruhat Bengaluru Mahanagara Palike ('BBMP' for short). On 05-09-2015, the petitioner registers a complaint before the Directorate of Civil Rights Enforcement complaining that the 5th respondent had obtained a Scheduled Tribe certificate fraudulently. The said complaint was transferred by the Directorate of Civil Rights Enforcement t

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