SANNA NAGAPPA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner in this writ petition has sought for quashing the endorsement dated 05.06.2015 issued by the 4th respondent and also sought for a writ of mandamus directing the respondents to announce the result of the election held to Karekallu Gram Panchayat of Tambrahalli village.

(2.) The grievance of the petitioner in the writ petition is that pursuant to the reservation notification issued by the Deputy Commissioner, out of two seats allotted for Tambrahalli village. Petitioner contested for one seat which was reserved for ST category. His nomination paper was accepted, symbol was allotted and he was allowed to contest the election. In the election he has secured highest number of votes. However, his result was not announced on the ground that the seat to which the petitioner contested was reserved for ST (Woman) category and he is not eligible to contest the election. Hence, the election results cannot be announced. Accordingly, an endorsement was issued on 05.06.2015. The said endorsement is questioned in this writ petition.

(3.) Smt. Vidya Iyer learned counsel for the petitioner contended that the Deputy Commissioner issued a notification regarding reservation of seats to Karekallu village more particularly Tambrahalli. As per the notification Annexure -B, one seat in Tambrahalli was reserved for the ST (Gen) category and one seat is reserved for ST (Woman) category. The petitioner belonged to ST category. He has contested the election for the ST. (Gen) category. His nomination papers were also accepted. The Returning Officer also allotted symbol and he has contested the election and secured highest number of votes. Hence, it is not open to the respondents to withhold the result. The endorsement issued by the 4th respondent is contrary to law. The Deputy Commissioner has no power to hold fresh election in respect of one seat of Tambrahalli village. Action of the Deputy Commissioner withholding the result is wholly without jurisdiction. Further, the Deputy Commissioner cannot go contrary to the notification Annexure -B issued by him. Hence, petitioner sought for quashing the said endorsement and to announce the results of the election.