IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 17^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R.NATARAJ WRIT PETITION NO.203018 OF 2024 (GM-CC)

BETWEEN:

RESHMA W/O SHRIDHAR, AGE: 27 YEARS, OCC: MEMBER OF TOWN MUNICIPALITY, HUMNABAD, R/O INDIRA NAGAR, HUMNABAD, DIST.BIDAR – 585401.

…PETITIONER (BY SRI. CHAITANYAKUMAR CHANDRIKI, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER, CUM CHAIRMAN, DIST. CASTE VERIFICATION COMMITTEE, D.C.OFFICE BIDAR – 585401.

2. THE ASSISTANT COMMISSIONER, BASAVAKALYAN DIST.BIDAR – 585401. 3. THE TAHASILDAR, HUMNABAD, DIST.BIDAR – 585401.

4. SHIVAPUTRA MALAGE AGE: 50 YEARS, OCC: SOCIAL WORKER, R/O H.NO.1-96, INDIRA NAGAR, HUMNABAD, DIST.BIDAR - 585401 …RESPONDENTS (BY SRI. C. JAGADISH, ADVOCATE FOR RESPONDENT NOS.1 TO 3;

SRI. SHIVAPUTRA S. UDBALKAR, ADVOCATE FOR RESPONDENT NO.4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY FURTHER ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER PASSED BY 2^ND RESPONDENT AS AT ANNEXURE-K DATED 28.06.2024 BEARING NO. ¸AÀ /PAÀ /eÁw.DzÁAiÀÄ/¹.Dgï/04/2023-24. B) FURTHER BE PLEASED TO ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 19.09.2024 PASSED BY THE 1^ST RESPONDENT AS AT ANNEXURE-L IN BEARING NO.¸AÀ :PAÀ /c and v/¹Dgï-62/2024-25.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE R.NATARAJ ORAL ORDER The petitioner has challenged an order bearing No.¸AÀ /PAÀ /eÁw.DzÁAiÀÄ/¹.Dgï/04/2023-24 dated 28.06.2024 passed by the respondent No.2 cancelling the caste certificate which was granted to her on 15.05.2019 by the respondent No.3.

2. The petitioner is also aggrieved by the order bearing No.¸AÀ /PAÀ /c and v/¹.Dgï-62/2024-25 dated 19.09.2024 passed by the respondent No.1 confirming the order passed by the respondent No.2 cancelling the caste certificate.

3. The petitioner claims that she contested the election to the post of Councillor in Ward No.1 of Town Municipality, Humnabad as a person belonging to scheduled caste. She was declared as returned candidate. Respondent No.4 lodged complaint/s dated 14.12.2020 and 31.12.2020 before the respondent Nos.2 and 3 respectively that the petitioner had obtained a false caste certificate from the respondent No.3 and therefore, sought to declare the election of the petitioner as void. The petitioner contends that she belongs to Yelam Reddy caste which was categorized under IIIA. Later, she married a person belonging to scheduled caste on 10.04.2014. She had obtained a caste certificate on 26.03.2015 as belonging to Category IIIA and that in the year 2016, she adopted the Buddhism religion. She claimed that in the year 2019, when she filed her nomination where she declared that she belonged to Buddhist Category-A and obtained a verification certificate from respondent No.3. Again in the year 2020, she obtained a fresh caste certificate from the respondent No.3 as belonging to Category IIIA. The respondent No.2 directed the respondent No.3 to conduct an enquiry regarding the complaint lodged by the respondent No.4. The respondent No.3 conducted an enquiry and submitted a report before the respondent No.2.

4. Based on the report of the respondent No.3, the respondent No.2 directed the respondent No.3 to take action in accordance with the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment) etc. Act, 1990 (henceforth referred to as ‘the Act, 1990’). Based on the said directions, the respondent No.3 initiated proceedings by issuing a notice dated 20.12.2021 to the petitioner. The respondent No.2 by his communication dated 13.10.2021, cancelled the caste certificate granted to the petitioner. The petitioner challenged the said communication before this Court in W.P. No.202937/2022. This Court in terms of the order dated 17.11.2022, allowed the petition and set aside the