AIR 2017 (NOC) 1148 (KAR) ::2017 (4) AKR 50 ::(2017) 4 Kant LJ 209

Karnataka High Court

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

(A) Constitution of India , Art.243-O, Art.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) , S.15, S.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. 298....