D SIDDAYYAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred against the order, dated 21.10.2016 passed by the learned Single Judge in W.P.No.106417/2016.

(2.) The facts of the case in brief are that the respondent No.6 was elected as a member of Zilla Panchayat from 13-Badanahatti Constituency, which was reserved for General (Woman) category in the election held on 20.2.2016. The respondent No.1 issued the notification, dated 15.4.2016 reserving the post of Adhyaksha of Zilla Panchayat, Bellary for Backward Class B(Woman). The respondent No.6 contested for the said Office and was also declared as elected. It is the case of the appellants that she does not belong to Backward Class 'B'. The learned Single Judge dismissed the writ petition on the short ground of maintainability in view of the express bar contained in clause (b) of Article 243-O of the Constitution of India. The learned Single Judge's order refers to Rule 7 of the Karnataka Panchayat Raj (Election of Adhyaksha and Upadhyaksha of Zilla Panchayat) Rules, 1994 providing for the filing of an election petition before the jurisdictional District Judge by an aggrieved party.

(3.) Sri M. Dhyan Chinnappa, the learned Senior Counsel appearing for Sri Rajashekar Bhurji for the appellants submits that the learned Single Judge has erred in dismissing the writ petition without even the contesting respondent denying the allegation that the Backward Class 'B' certificate is obtained fraudulently. He submits that the respondent No.6 herself has stated in her affidavit, dated 6.2.2016 (Annexure-E) that she is an income tax assessee; she has even furnished the PAN number therein. She suppresses the filing of her income tax returns in the subsequent affidavit (Annexure-F) filed on 26.4.2016 before the fifth respondent Tahsildar in support of her application for Backward Class 'B' certificate.