K LAXMANA SHETTY Vs. B R CHANDRASHEKAR

JUDGEMENT

(1.) The petitioner had approached the Election Tribunal i.e. Court of Principal Civil Judge and J.M.F.C., Mudigere invoking Section 20 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 ['APMC Act' for brevity] seeking to annul the election of Sri B.R.Chandrashekar, respondent No.1 herein, on the ground that the respondent No.1 was not eligible under the Backward Class (A) category, hereinafter called BC(A) category, as the election was with respect to a seat reserved for BC(A) category. The Election Petition No.1/2017 came to be allowed by order dated 29.08.2018. The said order was taken up in appeal in Election Appeal No.1/2018 by the respondent No.1 and the appeal came to be allowed. In the appeal proceedings, the Court has also gone into the merits of the contention as to whether the respondent No.1 belongs to 'Billava' Caste and whether the said Caste comes under 'BC(A)' category. While in the appeal, the order passed in Election Petition No.1/2017 was overturned, the same has been assailed by the petitioner in this petition.

(2.) The preliminary objection sought to be raised by the learned counsel appearing for the respondent No.1 and the learned Additional Government Advocate supports the said objection contending that as regards the disqualification or qualification of a member, the appropriate mechanism for redressal is by invoking the provisions of Section 17(2) of the APMC Act.

(3.) While it is contended by learned counsel for the petitioner that Section 17 of the APMC Act would apply only as regards the disqualifications made out under Section 16 of the APMC Act and the lack of qualification as provided under the proviso to Section 15 of the APMC Act cannot be considered under Section 17(2) of the APMC Act and for redressal of such grievances arising out of lack of qualification, as envisaged under provisions of Section 15 of the APMC Act could be raised under Section 21 of the APMC ACt.