AIR 2017 (NOC) 1148 (KAR.) (DHARWAD BENCH) ::2017 (4) AKR 50

Karnataka High Court

Hon'ble Judge(s): Vineet Kothari, H. B. Prabhakara Sastry , JJ

(A) Constitution of India Art. 243 -O, 226 ' ” Bar to interference by Court in electoral matters ' ” Election to Zilla Panchayat ' ” Challenge to Income-cum-Caste Certificate ' ” Writ petition praying quashing of Caste Certificate issued by Tahsildar ' ” No prayer made for setting aside election or touching procedural aspect of elections ' ” Income-cum-Caste Certificate confined not only for use of elections and can be used for different purposes ' ” Challenging said document cannot be called only through election petition ' ” Bar under Art. 243-O, not applicable ' ” Writ petition maintainable. Karnataka Gram Swaraj and Panchayat Raj Act (14 of 1993), Ss. 15, 171. W.P. Nos.103198-199 of 2016 and W.P. No. 29822 of 2016, D/- 21-10-2016 (Karnataka), Reversed. (Para 17,18)

(B) Constitution of India Art. 226 ' ” Alternative remedy ' ” Writ petition ' ” Maintainability ' ” Notification issued by Government prescribing jurisdictional Assistant Commissioner as proper authority for setting aside Caste Certificate improperly issued by Tahsildar ' ” Act of Tahsildar in improper issuance of Caste Certificate affecting health of society is matter of urgency ' ” Availing alternative remedy not efficacious ' ” Writ petition maintainable. W.P. Nos. 103198-199 of 2016 and W.P. No. 29822 of 2016, D/- 21-10-2016 (Karnataka), Reversed. (Para 20,21,22)

(C) Constitution of India Art. 226 ' ” Income-cum-Caste Certificate ' ”Invalidation of ' ” Tahsildar claiming to have issued Caste Certificate within 4 days of application after analyzing reports of Village Accountant ' ” Order letter of accountant revealing charge taken by accountant of village post date of issuance of certificate ' ” And report of accountant mentioning different date as claimed by Tahsildar ' ” On careful examination of reports of accountant, original date and income of candidate altered by overwriting and said alteration not authenticated by author of document i.e. accountant ' ” Caste Certificate issued by Tahsildar within 4 days of application, without waiting for necessary reports from concerned officials thereby misusing his office ' ” Caste Certificate, invalidated . W.P. Nos. 103198-199 of 2016 and W.P.No. 29822 of 2016, D/- 21-10-2016 (Karnataka), Reversed. (Para 28(i), (iv), (v), 29, 30)