PREMA Vs. JAYA

JUDGEMENT

(1.) The petitioner who was declared as a candidate elected, became a member of Yedehalli Grama Panchayat, Sagara Taluk, is aggrieved of the impugned judgment and order both date 27/2/2023 passed by the Election Tribunal i.e., Principal Senior Civil Judge and JMFC at Sagara, in Election Case No.5/2021.

(2.) Respondent No.1 filed the election petition raising a challenge to the election of the petitioner as member of the Grama Panchayat. The Election Tribunal framed the following:

(3.) The Election Tribunal held that the petitioner herein furnished only a notarized copy of the caste certificate issued by the Tahsildar, Kundapura Taluk, which declares that the petitioner herein belongs to Scheduled Tribe category. However, the petitioner failed to produce the original or a true copy and therefore, it was held that the Returning Officer should have rejected the nomination papers of the petitioner on the ground that the original or true copy was not produced.