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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 22^ND DAY OF MARCH, 2022

BEFORE

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO. 3757 OF 2021(LB-RES)

BETWEEN:

SMT RUBINA GAUHAR,

W/O SYED SIBGATHULLA,

AGED ABOUT 33 YEARS,

R/O HONGANOOR VILLAGE,

KASABA LHOBLI, CHANNAPATNA TALUK,

RAMANAGARA DISTRICT

& PETITIONER

(BY SRI. MOHAMMED TAHIR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

BY ITS SECRETARY,

DEPARTMENT OF PANCHAYAT RAJ

AND RURAL DEVELOPMENT,

VIDHANA SOUDHA, BENGALURU 560 001.

2. THE STATE ELECTION COMMISSION

BY ITS COMMISSIONER,

KSCMF BUILDING NO 8,

1^ST FLOOR, CUNNINGHAM RD,

VASANTH NAGAR, BENGALURU,

KARNATAKA 560 052.

3. THE TAHSILDAR

CHANNAPATNA TALUK,

CHANNAPATNA,

RAMANAGARA DISTRICT 562 159.

4. THE PRESCRIBED AUTHORITY AND

RETURNING OFICER

ASSISTANT EXECUTIVE ENGINEER,

KANVA MODERNIZATION SUB DIVISION,

CHANNAPATNA TALUK, CHANNAPATNA,

RAMANAGARA DISTRICT 3 562 159.

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5. THE PANCHAYAT DEVELOPMENT OFFICER

HONGANOOR VILLAGE PANCHAYAT,

KASABA HOBLI, CHANNAPATNA TALUK,

RAMANAGARA DISTRICT 562 159.

6. REKHA URS

W/O H T RAMAKRISHNARAJE URS,

AGED ABOUT 35 YEARS,

R/O HONGANOOR VILLAGE,

KASABA HOBLI, CHANNAPATNA TALUK,

RAMANAGARA DISTRICT 562 159.

& RESPONDENTS

(BY SMT. PRATHIMA HONNAPURA, AGA FOR R1 & R3;

SMT. VAISHALI HEGDE, ADVOCATE FOR R2;

SRI. MANJUNATH N, ADVOCATE FOR R6;

SRI. M S DEVARAJU, ADVOCATE FOR R5;

R4 IS SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE CASTE CERTIFICATE ISSUED BY R-3 DATED 04-

02-2021 AS PER ANNEXURE-C AND ALSO THE RESOLUTION

OF R-5 VILLAGE PANCHAYAT IN SO FAR ELECTION OF R-6 AS

AN ADHYAKSHA OF R-5 VILLAGE PANCHAYAT DATED 10-02-

2021 AS PER ANNEXURE-G IN SO FAR AS IT RELATES TO THE

ELECTION OF R-6 AND ETC.,

THIS PETITION HAVING BEEN HEARD AND RESERVED

FOR ORDER, THIS DAY, THE COURT PRONOUNCED THE

FOLLOWING:

ORDER

Petitioner an elected member of the 5^th respondent-

Grama Panchayat is knocking at the doors of writ court

essentially for ousting the 6^th respondent from the office of

Adhyaksha of the said Panchayat on the grounds that she

does not belong to a community for which the political

reservation is provided for the said office. She complains that

the 8social status certificate9 obtained at the hands of 3^rd

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respondent-Tahsildar is illegal and she should be declared to

be duly elected in the stead of said respondent.

2. The principal prayers as scripted in the writ petition

assuming

particular

importance

for

adjudication

are

reproduced below:

<a)

Issue a writ in the nature of

certiorari or any other writ to quash the Caste

Certificate issued by respondent No.3 dated 04-

02-2021 in No.JATHI(CHU)CR/09/20-21 as per

Annexure-C

and

also

the

resolution

of

respondent No.5 Village Panchayat in so far

election of respondent No.6 as an Adhyaksha of

respondent No.5 Village Panchayat dated 10-02-

2021 as per Annexure-G in so far as it relates to

the election of respondent No.6;

b)

Issue a writ in the nature of quo-

warranto, by restraining the respondent No.6 to

continue in the office of the Adhyaksha of

respondent No.5 Village Panchayat as she

usurped the office despite ineligible to hold the

office, as she suffered with inherent lack of

ineligibility to hold the office under the law;

c)

Consequently, issue a writ in the

nature of mandamus directing respondent No.4

Retuning Officer to declare the petitioner as

elected as Adhyaksha of respondent No.5 Village

Panchayat;

3. After service of notice respondents have entered

appearance through their advocates. The respondent nos. 1

& 3 being represented by learned AGA have filed a brief

Statement of Objections resisting the writ petition. All the

advocates make submission opposing the writ petition

principally on the ground that, the prayer for the issuance of

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a Writ of