M.A. AYYAPPAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 27.10.2014 impugned at Annexure -A to the petition. By the order impugned, the Assistant Commissioner apart from setting aside the order dated 21.02.2014 has also directed that the petitioner if he has any grievance with regard to the caste certificate issued to the fourth respondent herein, he is required to approach the District Caste Verification Committee in that regard.

(2.) The fourth respondent has relied on the caste certificate dated 16.02.2013 while filing his nomination papers for the elections to the Town Municipal Council at KGF. The petitioner is aggrieved by the caste status as claimed by the fourth respondent. In that view, the petitioner had filed a compliant to the Tahsildar which was registered in CCV.CR31/2013 -14. By the order dated 21.02.2014, the Tahsildar had set aside the caste certificate dated 28.07.2010 which had been issued to the fourth respondent.

(3.) Though at this point, the contention put forth on behalf of the fourth respondent is that the caste certificate dated 16.02.2013 had not been assailed by the petitioner before the Tahsildar, that aspect of the of the matter would lose its relevance inasmuch as what is required to be considered by this Court at the outset is the remedy available to any person if he or she is to assail the caste certificate issued to another. If in that light, the consideration in the instant petition is to be made with regard to the grievance raised by the petitioner relating to the caste certificate issued to the fourth respondent and the context in which such grievance has been raised by the petitioner, what would be relevant for consideration at this stage is the caste certificate dated 16.02.2013 and the remedy available to the petitioner that is to be considered herein since that was the certificate produced along with the nomination paper.