B GEETAMMA Vs. GULFOM

JUDGEMENT

(1.) THE petitioner who is elected as the Taluk Panchayat member from the Shimoga Taluk Panchayat has filed W. P. No. 46715 of 2001 for quashing the order Annexure-A, dated 14-8-2001 passed by the learned principal Civil Judge (Senior Division), Shimoga in Election Miscellaneous No. 36 of 2000 and Annexure-B, dated 1-12-2001 passed by the learned Additional District Judge, Shimoga in Election Miscellaneous appeal No. 24 of 2001. In W. P. No. 31959 of 2000 the challenge is to quash the order Annexure-F, dated 22-9-2000 passed by the Assistant commissioner, Shimoga in No. MAG. CR. 40/2000-2001 dismissing the appeal filed by the petitioner against the order passed by the Tahsildar, shimoga Taluk withdrawing the caste certificate issued to her.

(2.) THE petitioner contested the elections held to the Shimoga Taluk panchayat in May/june 2000, which was reserved for BCA (woman), claiming that she belongs to Kumbara caste. She was elected as member having secured the highest number of votes. At the time of filing her nomination papers the petitioner also produced the caste certificate issued by the Tahsildar certifying her as belonging to Kumbara caste which was classified as BCA category. After the results were declared. one Gulfom who also contested the said election and who had secured the next highest votes complained to the Tahsildar that the petitioner does not belong to Kumbara caste and requested the Tahsildar to withdraw the certificate issued to her. The Tahsildar withdrew the certificate. The said order of the Tahsildar withdrawing the certificate was challenged by the petitioner in appeal before the Assistant Commissioner. The Assistant Commissioner dismissed the appeal. Aggrieved against the said order the petitioner has preferred W. P. No. 31959 of 2000.

(3.) THE defeated candidate Gulfom also filed an election petition before the Principal Civil Judge (Senior Division) under Section 132 (1) of the Karnataka Panchayat Raj Act, 1993. The said election petition was allowed declaring the election of the petitioner as null and void. The appeal preferred by the petitioner before the Additional District Judge, shimoga came to nought and aggrieved the petitioner has preferred w. P. No. 46715 of 2001.