CHANDRASHEKHARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition, the petitioner has challenged the validity of Rule 74 (ii) (b) of the Karnataka Panchayat Raj (Conduct of Election) Rules 1993, (for short 'the Rules ).

(2.) PETITIONER is a contestant in the elections held for electing the members of the grama Panchayat, Hiremoraba. The Grama panchayat, consists of three Wards for which reservations were made in favour of General category, Backward Class 'b' Group and scheduled Caste-Woman. Petitioner, claiming to belong to Madiwala Community, filed nomination on 11-2-2005 under General Category.

(3.) THE 5th respondent-Shanthamma naduvinamani who had contested as a reserved candidate for Scheduled Caste-Woman, got 375 votes and was declared elected. The 6th Respondent - Parwatagouda patil got 497 votes and was declared elected from Backward Class 'b' Group, whereas from the General Category, the petitioner got 404 votes and another candidate by name bhimappa Talawar got 383 votes. Petitioner asserts that as he had secured more votes than bhimappa Talawar, he ought to have been declared elected. Instead, the Returning Officer declared the fourth respondent sadashivappa Hullatti as elected from General Category as he had secured 425 votes contesting as a reserved candidate from Backward Class 'b' Group.