SRI GURULINGAPPAGOUDA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Since common issue is involved in these matters, the same are heard together and disposed of by this common order.

(2.) It is advantageous first to consider W.P.No.201935/2017 filed by the candidate/elected Upadhyaksha of Vijayapura Zilla Panchayath.

(3.) In , the petitioner belongs to Hindu 'Reddy' caste. A certificate was issued by Tahsildar, Muddebihal, certifying that he belongs to backward class 'Category-B', in terms of the Notification No.RDP-5/ZPS/95 (i) dated 13.01.1995 issued by the Government of Karnataka. The elections to the post of membership of Zill Panchayath, Vijayapura, were declared in February, 2016. The petitioner herein, filed his nomination papers and was elected as the member of Zilla Panchayat and later got elected as Upadyaksha of the Zilla Panchayat, Vijayapura. A complaint before Karnataka State Election Commission requesting the said authority to disqualify the petitioner as Upadyaksha was filed by respondent Nos.6 to 9 herein, pursuant to which, Karnataka State Election Commission directed the Deputy Commissioner to hold an enquiry. The Deputy Commissioner in turn, directed the Assistant Commissioner to take appropriate action in that regard. The Assistant Commissioner, Vijayapura, after obtaining the objections from the petitioner exercising the powers under Section 4-B of the Karnataka Scheduled Caste, Scheduled Tribe and other Backward Classes (Reservation of Appointments, etc.,) Act, 1990 (for short 'the Act') submitted a report to the Deputy Commissioner recommending to set aside the certificate dated 05.02.2016 issued by the Tahsildar. It is the grievance of the petitioner that the Assistant Commissioner sans communicating the report to the petitioner herein, has passed an order without jurisdiction and thereby has set aside the caste certificate dated 05.02.2016 issued in favour of the petitioner. Hence, this writ petition.