G P SRINIVAS Vs. K HALAPPA

JUDGEMENT

(1.) IN W. P. No. 6759 of 2002, the petitioner-G. P. Srinivas who is the elected member of the Zilla Panchayat, Davangere prays for quashing of the orders passed by the learned District Judge, Davangere in M. A. No. 44 of 2001 affirming the order passed by the learned Principal Civil judge (Senior Division), Davangere in Election Misc. No. 1 of 2000. W. P. No. 37758 of 2000 is also by Nataraj praying to quash the order (Annexure-G) dated 17-11-2000 in No. 6/2000-01 passed by respondent 1. W. P. No. 7221 of 2002 is by a contestant in the Zilla Panchayat election to the Kundur Constituency. He is aggrieved by the order passed by the District Judge, Davangere in M. A. No. 44 of 2000 setting aside the declaration made by the Principal Civil Judge, Davanagere in election Misc. No. 1 of 2000 declaring the petitioner as duly elected candidate from Kundur Constituency to the Zilla Panchayat, Davangere. W. P. No. 30354 of 2000 is filed by the petitioner challenging the order or direction quashing the order (Annexure-B) dated 5-9-2000 in No. DBCM Sim. Pra. Pathra Vi. Ni. 13/2000-01 passed by respondent 1 and annexure-C, dated 8-9-2000 in No. GPIC CR 1/2000-01 passed by respondent 2. All these petitions are taken up together for disposal as they involve common questions of fact and law.

(2.) ELECTIONS were held to the Zilla Panchayats of the various Districts in the State of Karnataka as per Gazette notification dated 20-4-2000. Reservations were made for certain classes under the provisions of the karnataka Panchayat Raj Act (for short 'the Act') by notification issued in that regard on 13-1-1995 under Section 2 (2) of the Act specifying the castes/communities coming under Backward Class A/b groups. Namadhari caste is brought under Backward Class 'a' Group as per the said notification. Several persons contested the elections claiming to be belonging to Namadhari caste and to support their claim they also produced the certificate from Tahsildar concerned. The claim by some of the contestants that they belong to Namadhari caste was objected to at the time of filing nomination papers by the other contestants. The objections were overruled by the Returning Officers concerned on the ground that they have no competence to dispute the correctness of the certificates issued by the Tahsildars. Some of the candidates whose caste had been disputed before the Returning Officers were successful in the elections. Their election was challenged by other contestants by filing election miscellaneous petitions. Besides filing election miscellaneous petitions, some of the contestants also got initiated proceedings for cancellation of the caste certificates issued by the Tahsildars, before the Deputy Commissioner, Caste Verification Committee under the provisions of Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Act, 1990 ('s. C. and S. T. Act' for short ). The orders passed by the Court in the election miscellaneous petitions and the orders of the Deputy Commissioner passed under the provisions of the S. C. and S. T. Act recalling the caste certificates issued are impugned herein in these petitions.

(3.) IN the light of the pleadings and the relief sought for in these petitions the points that arise for my consideration are: