N MUNIANJAPPA Vs. G MANJUNATHA

JUDGEMENT

(1.) The petitioner in this petition filed under Section 81 of the Representation of People's Act, 1951 ('R.P.Act' for short) is before this Court seeking to declare that on the date of election on 05.05.2013 and on the date of declaration of the result on 08.05.2013, respondent No.1 was not qualified to be chosen to fill the seat reserved for the Scheduled Caste in the Karnataka Assembly. The seat in question is No.145 Mulbagal reserved constituency. The petitioner is also seeking to declare the result of the said election, so far as it concerns respondent No.1 is materially affected by the improper acceptance of the nomination. A declaration is sought that the result of the respondent No.1 as elected to the No.145 Mulbagal (SC) Assembly constituency as null and void. A declaration that the result of the election is materially affected by the improper reception and counting of 73146 votes in favour of respondent No.1 as void and accordingly treat the said votes as wasted and thrown away votes is sought. Consequently it is further sought that the petitioner be declared as duly elected to the No.145 Mulbagal (SC) Assembly Constituency and to impose penalty on the respondents No.1 and 2 under Section 125A of the R.P.Act.

(2.) The petitioner and the respondents No.1 to 21 had filed the nomination seeking their election to the Karnataka Legislative Assembly from No.145 Mulbagal Constituency. The said constituency is reserved for persons belonging to Scheduled Caste. The respondents No.1 and 2 as also their uncle one Sri Gangireddy had filed their nominations. The nominations filed by the respondents No.1 and 2 were accepted by the Returning Officer on 18.04.2013. In the result of the election declared on 08.05.2013 the petitioner had secured 39142 votes while respondent No.1 had secured 73146 votes and accordingly respondent No.1 was declared elected. At that stage, since the writ petition was pending assailing the acceptance of the nomination, the result declared was made subject to result of W.P.No.20025-26/2013, which has been disposed of leaving open all contentions to be considered in this petition.

(3.) The petitioner is challenging the acceptance of the nomination and the election of respondent No.1 by contending that the respondent No.1 does not belong to Scheduled Caste ('SC' for short) since according to the petitioner the respondent No.1 does not belong to Beda (Budaga) Jangama community notified as SC under the presidential order at Item No.4 of IV in Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956. The case of the petitioner is that the said Beda (Budaga) Jangama Caste is stated to be prevalent in Gulbarga, Bidar and Raichur District but not in Kolar District. In order to contend so, the petitioner has also averred that while admitting respondent No.1 into school by the parents, it has been stated that he belongs to 'Byragi' caste as recorded in the admission records which is also indicated in the Transfer Certificate when he was studying SSLC. It is contended that in some sale deeds relating to his family members and relatives they have been described as belonging to 'Jangala' caste. It is contended that the said 'Byragi' or 'Jangala' caste is not the same as Beda (Budaga) Jangama nor are they SC. The 'Byragi' caste is notified as Backward Caste Category-I in the Government Order dated 30.02002 and as such it cannot be considered as Scheduled Caste. The respondent No.1 at an earlier point on 04.04.2008 had filed an application seeking issue of caste certificate but the same was rejected by the Tahsildar-Mulbagal stating that respondent No.1 belongs to 'Byragi' Caste.