T SHAMBULINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition relates to rejection of nomination paper of the petitioner for election to Village Panchayat of Mincheri in Bellary 1 aluk. I directed the Government advocate to take notice on behalf of the respondents. Accordingly Sri B. B. Mandappa, learned High Court Government Pleader took notice and appeared for the respondents. By consent of the parties, the writ petition is taken up for final hearing. The nomination paper of 'the petitioner has been rejected by the Election Officer on the ground that there has been arrears of house tax by the petitioner to the Panchayat. The petitioner has produced a certificate dated 30-5-1978 issued by the Secretary of the Village Panchayat (Ex. B) to the effect that the petitioner is not in arrears of tax. It is unnecessary to go into the question whether ihe petitioner is actually in arrears of tax or not. The arrears of tax is not one of ihe disqualifications for a person being chosen as a member of the Panchayat. As no such disqualification is prescribed under Sec. 11 of the Karnataka Village Panchayats and Local Boards Act, 1959, the Election Officer has contravened rule 12 of the Election Rules in rejecting the nomination paper of the petitioner. Learned counsel for the respondents, however raised a preliminary objection to the effect that as the petitioner has an alternative remedy under Sec. 13 of the Act, the writ petition is not maintainable in view of the bar created by clause (3) of Art. 226 of the Constitution.

(2.) In W.P. No. 5014 of 1978(1) I have held that the remedy, which a petitioner whose nomination paper is rejected seeks in a writ petition, cannot be granted by the election court and therefore, there is no bar for entertaining the writ petition. Hence, I over-rule the preliminary objection.

(3.) For the reasons stated above, rule is made absolute. The order of the Election Officer dated 5-6-1978 (Ex. A) rejecting the nomination of the petitioner is quashed. A writ in the nature of mandamus shall issue to respondent-3 to accept the nomination of the petitioner and to proceed with the elections. A copy of this order shall be forwarded immediately to respondent-3 and also a copy shall be furnished to learned counsel for the respondents. Sri B. B. Mandappa, learned High Court Government Pleader is permitted to file his memo of appearance for respondents within two weeks.