DEVISHEELA Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) THIS appeal is against the order passed by the learned Single Judge in WP No. 81473/2011 (SC/ST). It appears the appellant -petitioner is shown to have obtained caste certificate from the Tahsildar for the purpose of identifying herself As belonging to Scheduled Caste, of course it is called as 'Gond' community. Might be that petitioner would have born in 'Gond' community at an undisputed time. As is explained by the learned Single Judge, the status of the appellant -petitioner is that, her father -in law who was shown to be belonging to Maratha community. The status of the mother -in law of the appellant -petitioner is that of Bandagar community she has contested the election during the year 2005 on the basis of 'Gond' community and won the election to the membership of Zilla Panchayat. Now the appellant -petitioner contested for the election of Zilla Panchayat held during 2011 and she having obtained a certificate stating that she belongs to 'Gond' community. The same -has been objected by the 8th respondent before the 5th respondent -Asst. Commissioner. The 5th respondent issued notice under Section 4B of the Act stating that she did not avail the opportunity to substantiate her stand, order came to be passed. Stating notice was issued by Assistant Commissioner not for seeking adjournment, rather to produce material to substantiate her stand that she belongs to 'Gond' community and accordingly, the learned Single Judge opined that after giving an opportunity, the appellant -petitioner did not avail the opportunity given to her by Assistant Commissioner to place any material in support of her stand that she belongs to 'Gond' community, dismissed the Writ petition, preferred against the order passed by Assistant Commissioner.

(2.) WHEN admittedly, at an undisputed point of time, in -laws of the appellant belonged to Bandagar community and Maratha community respectively, the status that follows after marriage of the appellant petitioner is that of the community of her husband i.e., Bandgar community. Such being the case, appellant approaching this Court against the order passed by Assistant Commissioner on the ground that she was not given an opportunity to establish that she belong to 'Gond' community appears to be against the settled principles and by no stretch of imagination appellant -petitioner would be entitled to seek fresh opportunity unless she has established that her husband has joined 'Gond' community. No such material was placed. In that fact situation, the Assistant Commissioner passed an order in appeal. The claim of the appellant cannot be adjudicated once again in this proceedings since no prima facie material was also placed before this Court by the appellant that she belongs to 'Gond' community for any other reason. However, since the appellant has lost her battle at the threshold, question of initiating any criminal proceedings regarding perjury and others would not arise. The appeal is dismissed as devoid of merits.