P RAGHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed by the petitioners in W. P. No. 10955/2008 being aggrieved by the order dated 29-1-2009, wherein the learned single Judge has dismissed the writ petition on the ground that the writ of quo-warranto is not maintainable and the writ petitioners have got an alternate and efficacious remedy to question the election of the sixth respondent.

(2.) THE appellants herein filed W. P. No. 10955/2008 seeking for a writ of quo-warranto to declare that the 6th respondent is not entitled to hold the post/office of the Corporator of Mysore Mahanagara Palike from Ward No. 41 as per the certificates of the Returning Officer vide annexure 'h' and to restrain him from acting as a Corporator and for a writ of mandamus directing the respondent -Tahsildar, Mysore Taluk, Mysore, to initiate criminal proceedings against the 6th respondent for obtaining false caste certificate by furnishing wrong information to enjoy the public office illegally.

(3.) IT is contended in the writ petition that the 6th respondent was elected to the post of corporator in the Corporation of Mysore mahanagara Palike on contesting the election by filing nomination. He contested the election from ward No. 50 of Mysore Mahanagara palike held during the year 2001, which was reserved for Backward Class-A candidate by filing Caste Certificate stating that he belongs to Hoovadiga caste and the 6th respondent won the Corporation election from the said ward No. 50 in the election held during the year 2001 and enjoyed the post for the entire tenure. In the election held during the year 2007, the Wards were bifurcated and some of the areas were coming under Ward No. 41. Ward No. 41 for the election held during 2007 is reserved for Scheduled Tribe. The sixth respondent who has enjoyed the post in Ward no. 50 as Backward Class - A candidate, has filed nomination for the post reserved for scheduled Tribe. When the first petitioner came to know that the sixth respondent has obtained false caste certificate to contest for the election for Ward No. 41 of Mysore mahanagara Palike, he filed objections on behalf of the contesting candidate. After filing of the objections, the Returning Officer issued a letter stating that since the sixth respondent has furnished the caste certificate in form-D, his nomination had been accepted.