J.CHELAMESWAR, S.ABDUL NAZEER
Bharati Reddy – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
S.Abdul Nazeer, J.
Leave granted.
2. The appellant was elected as a member of Zilla Panchayat, Bellary from 13-Badanahatti Constituency, which was reserved for General (Women) category in the election held on 20.2.2016. The State Government issued a notification dated 15.4.2016 reserving the post of Adhyaksha of Zilla Panchayat, Bellary for Backward Class-B (Woman). The appellant contested for the said office and was declared as elected. Respondents 6 to 9 are residents of Bellary district and were voters in the election to the Zilla Panchayat in question. They filed Writ Petition No.106417 of 2016 in the Dharwad Bench of Karnataka High Court challenging the election of the appellant as the Adhyaksha mainly on the ground that she does not belong to backward class (B) and that she has contested the election on the basis of a false caste certificate issued by the Tehsildar, Kurugodu, Bellary. The appellant raised objection as to the maintainability of the writ petition having regard to the bar contained in Clause (b) of Article 243-O of the Constitution of India. It was also contended that the aggrieved party has to challenge the election by way of election petition before th
Charan Lal Sahu v. K.R. Narayanan (1998) 1 SCC 56
His Holiness Kesavananda Bharati Sripadagalvaru v. State of Kerala and Anr. (1973) 4 SCC 225
I.R. Coelho (dead) by Lrs. v. State of Tamil Nadu (2007) 2 SCC 1
L. Chandra Kumar v. Union of India and Ors.
Minerva Mills Ltd. and Ors. v. Union of India and Ors. (1980) 3 SCC 625
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