Karnataka High Court
Indrabai W/O Shivaraya vs The Deputy Commissioner on 1 July, 2011
Bench: Huluvadi G.Ramesh, L.Narayana Swamy
ho Blo Pangarga, Chimcholi Gulbarga Respendents (By Smt Uma Devi S Babsetty, Adv.) praying to set aside the order of the Single hidge « dates 10. it 2010 | ita WE 15275/2010 and declaration of election datec t 17.5.2010° of the, ae respondent at annexure R. So mo
The Writ Appeal coming on for. hearing this da lay, Buluvadi G Ramesh, J, delivered the following: ~ ;
JOPGMENT | Appeal is by the 4h "respondent Sint litdrabai in the writ petition against the order of 'he teamed Single Judge allowing the petition filed by one Jagadevi in WP 150 15) 2010 by quashing the declaration of election ~ annexure R1, oft the appellant herein: and declaring the petitioner Jagadevi as elected.
Petit toner Tagadevi having obtained a certificate that she belongs to ES nomination for membership to Grama Panchayat 6 -- : "Datrarza Constituency, The 2™ respondent / Tahsifdar has withdrawn the caste cortificate issued by order at annexure H. However, according to the petitioner, it was without notice to her. As a consequence, the Returning ah ue participated in the elections pursuant to the interim order dated 4.5,2010 in the writ petition, was declared elected by the Returning Officer on 17.5.2010. The 4° respondent had taken a contention on sia R 5 . the sole candidate and was declared unopposed. ne ' <a ; Single Judge has not accepted the said 'contention on. the ground 1 that i cannot be treated declared as elected under 2944) of the Kamataka Panchayat Raj Act (Conduct of Blection "Rules y Rules, 1993 wherein procedure is laid down thai Rule' be followed by the. 'Returning Officer in uncontested elections in a cas of seats "reserved for scheduled caste. scheduled tribes and backward classes, to declare all such candidates to be duly elected i in ) Form i7 ov ov Form is. 7 ii Thus, having noted the 4" respondent has not made out "gcase that the Election Officer had issued Form 17 and nol Form 18 declaring her as duly elected to Grama Panchayat 6 -- Dattarga Constivvency uncontested, learned Single Judge was of the view that in the i general stections % Grama Panchayat in respect of reserved seat (ST -- os woman). Form u had to be issued in the matter of declaration of election a and no x Form 18 which is to be issued in elections to Grama Panchayat to fill up casual vacancy when the seat is vacant and uncontested. Learned age Single Judge was also of the view that Annexure R1 -- certificate issued in Form 17 detailing the list of candidates to contest the election cain partake the character of declaration that the 4" respondent was duly elected unopposed to the constituency. The claim of-the 4° resporident chat sie was duly elected as unopposed is without substance 'and annexare RI cannot constitute a declaration as required 'inder R 29(4) of thé Rules.
Learned Single Judge declared the petitioner (4 respondent herein) as elected without there being an election being hele. However, the order of the learned Single Judge deolaring the candidature of the appellant herein as not elected on- Me grou that she has not been issued with Form I7 is without considerin g the fact that already she has been declared elected on 29.4.2010. The interim order camie to be passed subsequently on 4.5.2010. The, format is, not important but what is important is, as on the date of election. she was declared unopposed nor interim order was there on that ~. date, Sthscquently ' declaring the candidature of the appellant herein _ .fejeeting her election appears to be without any reason, ad peo
(b) no election to any Panchavat shall be called in question except by a election petition presented to such authority and in such manuer AS 8 provided for by or under any Law made by the Legislature of a State, Further, S.15 of the Karnataka Panchayat Raj Act, 1993, rea sadls: a Election Petition: ( 1} No election to fill. a eat 0 or S& ats a 2 Grama | Panchayat shall be called in question: excepi by an election petition presented on one or more of the grounds specified itr sub- section (1) of S.19 and S.20 to the Civil Jodge (Jr. Dyn. } ) within whose territorial jurisdiction the Panchayat area concemed or the Major portion of the Panchayat area concerted i 18 situated..
In stead, petitioner has moved. this - Court before the Single Judge although the: election. he ad. been concluded by the time interim order was passed. Learned Single Fudge 'proceeded to declare the 4" respondent herein as elec ted | in place 0 of the appellant herein.
- Order of the learned Single Judge is set aside by restoring the ~ election 'result DY. which the appellant herein was declared elected as ms tinopposed, for the present. However, liberty is given to the 4" respondent . fo challenge the rejection of her nomination on the ground that she does not "belong to Scheduled Tribe and also to get the caste certificate verified "immediately by 'impleading the District Caste Verification. Committee in
-her election petition, if she is so advised. In the event it is Leld that 4° respondent belongs to Scheduled Tribe, then she has to be treated as elected .
in place of the appellant herein. oe Appeal is allowed.
An