THAGGAHALLI VENKATESH Vs. R NAGARATHNA

JUDGEMENT

(1.) THE petitioner has sought for declaration of result of election and return of election Form 32, dated 27th December, 2005 and declare that, Smt. R. Nagarathna, respondent 1 herein to fill the seat in Zilla Panchayat from 23 Belagola Constituency, Mandya, reserved for ST women by the second respondent vide Annexure-B.

(2.) THE grievance of the petitioner in the instant writ petition is that, the petitioner is an elected member of the Mandya District Zilla Panchayat, Mandya from Thaggahalli Zilla Panchayat constituency for the term of 2005-2010. Further, it is the grievance of petitioner in the instant writ petition that, Smt. Sakamma an elected candidate from the reserved constituency, from where the first respondent has been declared as elected, has given a complaint to the District caste Verification Committee on the ground that, the first respondent is not entitled to contest the election from the ST reserved constituency category for the reason that, the said first respondent belongs to 'besta' community and that does not fall under ST, but falls under BCM 'a' category. The Caste Verification Committee, Mandya District, after verification of the records with reference to relevant material available on file, has passed the order on 28th January, 2006 vide Annexure-F declaring that, the first respondent does not belong to ST category but belongs to. 'besta' community. Be that as it may. The second respondent has issued the calendar of events dated 12th January, 2006 vide Annexure-G for conducting elections to the posts of 'adhyaksha' and 'upadhyaksha' of the Zilla Panchayat, Mandya, fixing the date of election for the same on 31st January, 2006 at 12. 30 p. m. in the Zilla Panchayat Office. The apprehension of the petitioner in the instant writ petition is that, the first respondent may compete in the election under the ST category even though she has been declared that, she belongs to 'besta' community, and therefore, she may be restrained from participating in the election for the post of 'adhyaksha' and 'upadhyaksha' of the Zilla Panchayat, Mandya. With this background, petitioner felt necessitated to present the instant writ petition, seeking declaration as referred above.

(3.) I have heard learned Counsel appearing for petitioner, learned Counsel appearing for first respondent and learned Additional Government Advocate appearing for respondents 2 and 3. After careful perusal of the material available on record, it emerges on the material available on record that, the second respondent has issued the calendar of events dated 12th January, 2006 vide Annexure-G, fixing the date of election to the post of 'adhyaksha' and 'upadhyaksha' of the mandya Zilla Panchayat on 31st January, 2006 at 12. 30 p. m. Having regard to the facts and circumstances of the case, in my view, once the election process has begun and the same is set in motion, by fixing the date of election to the posts of 'adhyaksha' and 'upadhyaksha' of Mandya zilla Panchayat, interference by this Court in exercise of the extraordinary jurisdiction as envisaged under Articles 226 and 227 of the Constitution of India is not justifiable in view of the constitutional bar under Article 243-O of the Constitution of India. Hence, interference by this court in election matters, that too at the eleventh hour, is not justifiable nor is the same permissible, in view of the constitutional provision referred above and having regard to the well-settled principles of law laid down by Apex Court and this Court in catena of judgments.