RUBINA GAUHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner an elected member of the 5th respondent- Grama Panchayat is knocking at the doors of writ court essentially for ousting the 6th 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 'social status certificate ' obtained at the hands of 3rd 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:

(3.) After service of notice respondents have entered appearance through their advocates. The respondent nos. 1 and 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 a Writ of Certiorari for quashing the Caste Certificate at Annexure-C and Writ of Quo Warranto for ousting the 6th respondent from the office of Adhyaksha are misconceived. They also state that the prayer for Writ of Mandamus to the "4th respondent-Returning Officer to declare the petitioner as elected as Adhyaksha of respondent No.5-Village Panchayat " is also equally misconceived.