YAMANAPPA SATYAPPA BANDIWADAR Vs. AMINGAD GRAMA PANCHAYAT

JUDGEMENT

(1.) THE petitioners are the residents of Amingad village with their names found in the voter's list, have presented this petition invoking Article 226 of the Constitution of India for a writ of Quo Warrant to oust the second respondent from the post of member of the first respondent-Gram Panchayat.

(2.) IN the election to the membership of the first respondent-gram panchayat, the second respondent on 26-11-2001 having filed his nomination to contest the election from Ward no. 1 reserved for BCM 'a' category, was duly declared elected, while in the subsequent election held on 16-2-2005, the second respondent filed his nomination for membership to the first respondent-Gram Panchayat from ward No. 1, reserved for BCM 'b' category, and was also declared elected on 1-3-2005.

(3.) THE petitioners, residents and voters of the village within the territorial jurisdiction of the first respondent-Gram Panchayat, having noticed that the second respondent, in the first election held in the year 2001, filed a caste certificate declaring him to belong to BCM 'a' category, filed yet another caste certificate along with the nomination application in the election held in the year 2005 declaring him to belong to BCM 'b' category and hence filed a representation to the Tahsildar-4th respondent, who after enquiry by order dated 22-3-2005 cancelled the caste certificate declaring the second respondent as belonging to the BCM 'b' category.