K KRISHNAIAH Vs. DT COLLECTOR NELLORE

JUDGEMENT

(1.) Seeking election to the Office of Sarpanch of Juvvalapalem Gram Panchayat of Naidupet Mandal, Nellore District, three persons - petitioner No. 1, one Masthanaiah and the fifth respondent - filed nominations. The office of Sarpanch, Juvvalapalem Gram Panchayat was reserved in favour of Backward Classes and this fact is not in dispute. The fifth respondent filed his nomination claiming himself to be a member of 'Ganika' caste, which, uncontroversially, is a recognised backward community. What was at issue was whether the fifth respondent really was a member of 'Ganika' caste? In support of his claim that he belongs to 'Ganika' caste, the fifth respondent filed a certificate issued by the Mandal Revenue Officer, the fourth respondent herein. The polling took place on 30-6-1995, but the results were not announced because of certain orders passed by this Court in batch of writ petitions. On 1-9-1995, Masthanaiah, one of the unsuccessful contestants for the office of Sarpanch, filed a suit - O.S. No. 210 of 1995 - in the Court of the District Munsif, Sullurpet, seeking a declaration that the fifth respondent is a member of 'Adivelama' caste but not 'Ganika' caste and as 'Adivelama' is not a recognised backward caste, he sought a consequential relief by way of an injunction restraining the fifth respondent from functioning as Sarpanch of the Gram Panchayat. The Mandal Revenue Officer filed a counter in the suit asserting that the fifth respondent is a member of 'Adivelama' caste but not 'Ganika' caste and that the certificate issued by him earlier was obtained fraudulently. In LA. No. 523 of 1995, the District Munsif granted an interim injunction restraining the District Collector and other authorities from dealing with the fifth respondent as a member of 'Ganika' caste, which was challenged by way of a C.M.A., before the Sub-Court by the fifth respondent and the same is now pending; no interim order was passed suspending the operation of the interim injunction. In the third week of October, 1995 the results were declared by the authorities in consequence of which the fifth respondent was declared elected as Sarpanch with a margin of 72 votes and is functioning as such till date.

(2.) Masthanaiah, who filed the suit, also filed an election petition - E.P. No. 33 of 1995 - in the Court of the Munsif Magistrate, Sullurpet, challenging the election of the fifth respondent to the office of Sarpanch of the Gram Panchayat on the ground that he did not belong to a recognised backward class community and, therefore, was disqualified to hold the post.

(3.) The present writ petition was filed seeking a writ of Quo Warranto challenging the continuance of the fifth respondent in the office of Sarpanch, Juvvalapalem Gram Panchayat since he is not a member of a backward caste. In the counter-affidavit filed by the fifth respondent in the writ petition, inter alia, it is asserted that he is a 'Ganika' by caste and that the same was mentioned in his transfer certificate issued by the Head Master, Z.P. Boys High School Naidupet on 28-11-1990. He also asserts that all his kith and kin are members of Ganika caste.