MADHAVI K Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The sole prayer in this Writ Petition is to issue a writ of quo warranto against respondent No. 2 "directing her to vacate the office of the Municipal Councillor from Ward No. 22 of Kozhikode Corporation as she is not qualified to be elected in the reserved constituency for Scheduled Castes".

(2.) A brief reference to the chequered history of this litigation is necessary to consider the question whether the petitioner is entitled to get the relief prayed for.

(3.) The petitioner and respondent No. 2 had contested the municipal election held in September 2000 from a constituency reserved for Scheduled Castes. The petitioner lost the election. She filed an election petition before the Munsiff's Court contending that respondent No. 2 did not belong to a Scheduled Caste and therefore her election from the reserved constituency was not legally valid. The above objection was upheld by the Munsiff's Court. However, the District Court in appeal held that the certificate issued by the Tahsildar in favour of respondent No. 2 proved that she was a member of the Scheduled Caste and therefore the election was proper and valid. The above judgment was challenged by the petitioner before this Court in C.R.P. No. 1723/2001. This Court did not find any merit in the Civil Revision Petition and it was accordingly dismissed. However, it was made clear that the petitioner would be at liberty to approach the appropriate authority under the Kerala Scheduled Castes and Scheduled Tribes Regulation of issue of Community Certificate Act, 1996 (Act 11 of 1996) and challenge the correctness of the certificate issued to respondent No. 2. A copy of the order passed by this Court in the above C.R.P. is on record as Ext.P-1.