A.M.KHANWILKAR,J. - (1.) This appeal, by special leave, takes exception to the judgment and order passed by the Division Bench of the High Court of Karnataka, Dharwad Bench dated 04.12.2017 in Writ Appeal No.5872 of 2017.
(2.) Briefly stated, pursuant to notification dated 04.12.2015, elections were held and the appellant was elected on 28.03.2016 as a member of the Zilla Panchayat from 13- Badanahatti Constituency, Ballari District, Karnataka which was reserved for General (Women) Category. Later, the State Government published a notification on 15.04.2016 declaring the reservation for the post of Adhyaksha and Upa-Adhyaksha of Zilla Panchayats in the State. In Ballari Zilla Panchayat, the post of Adhyaksha was reserved for the category of Backward Caste-B (Women). After the said notification, since the appellant intended to contest the election to the post of Adhyaksha of Ballari Zilla Panchayat, she made an application on 22.04.2016 to the jurisdictional Tahshildar for issuance of Income and Caste Certificate, a certificate which was a prerequisite for submitting the nomination form for the election to the post of Adhayaksha. That certificate was issued by the Tahshildar on 26.04.2016 on the basis of which the appellant contested the election held on 29.04.2016 and was declared elected. As required in terms of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.) Act, 1990 and the Rules framed thereunder, the Income and Caste Certificate has been forwarded to the District Caste Verification Committee Ballari. The process of verification thereof is still in progress.
(3.) According to the appellant, at the behest of the unsuccessful candidates who could not file any election petition to challenge the election of the appellant, respondent Nos.6 to 9 filed a writ petition before the High Court of Karnataka, Dharwad being Writ Petition No.106417 of 2016, about 3 months after the election of the appellant as Adhyaksha. The substance of the allegation made in the said writ petition against the appellant was that she played fraud on the Government and public by submitting a false affidavit before the Tahshildar for issuance of Income and Caste Certificate, on the basis of which she contested the election for the post of Adhyaksha Zilla Panchayat and got elected to the said post, to which she was otherwise not entitled to or qualified for. The allegation about the nature of fraud committed by the appellant can be discerned from the assertions made in paragraphs 6 and 7 of the writ petition, which read thus: "6. It is submitted that the 6th Respondent in order to grab the post of Adhyaksha of Zila Panchayat has submitted a bogus and false caste certificate to show that she belongs to the Backward community-B Category obtained from the 5th Respondent. It is further submitted that in the application filed by 6th Respondent to 5th Respondent for issuance of caste certificate, she filed an affidavit stating that her livelihood is agriculture and that she owns 1.03 acres of agricultural land in Badanahatti village and 3.50 Acres of land in Sy. No. 36A in Yarrangaligi village. Further she also declared that her family income is not more than Rs.3,50,000/- per annum from all other sources and that she and her husband are not assessed to Income Tax and Commercial Tax. The said declaration made by the 6th Respondent is totally false to the knowledge of herself, which is clear from the Affidavit filed by the 6th Respondent before the 2nd Respondent while contesting for the member of Bellary Zilla Panchayat General Elections. It is further submitted that the 6th Respondent in her affidavit dated 06.02.2016 declared that she is getting rent of Rs.1,40,000/- per annum and her husband getting 4,80,000/- per annum, which details are found in paragraph 4-A. This itself shows that her family income from one source only is more than 3,50,000/- as declared in the affidavit dated 26.04.2016 filed before the 5th Respondent for issuance of Caste and Income Certificate. That apart she has also declared in the said affidavit dated 26.04.2016 that she and her husband are not assessed to the Income Tax and Commercial Tax, which are also contrary to the declaration made in the affidavit dated 06.02.2016 filed before 2nd Respondent that she has been assessed to Income Tax and has paid Income Tax, the said details are stated in paragraph 5 of the said affidavit. It is also reliably learnt that the husband of the 6th Respondent is Class-I contractor and is having more than income of Rs. 1,00,00,000/- per annum and is assessed to Income Tax and Commercial Taxes. True copies of the Affidavit dated 06.02.2016, 26.04.2016 and Caste and Income Certificate issued by the 5th Respondent dated 26.04.2016 are produced herewith as Annexure-E,F and G respectively. 7. It is further submitted that in the proceedings held on 29.04.2016 under the Chairmanship of Regional Commissioner, Kalburgi Division, Kalburgi, the 6th Respondent was successful in getting elected as Adhyaksha under the Category-Backward Community-B based on the above said false Caste and Income Certificate which was issued by the 5th Respondent on the same day of application without any proper enquiry as required under the law. A true copy of the said proceedings dated 29.04.2016 is produced herewith as Annexure-H." (emphasis supplied) On the basis of these allegations, the respondent Nos.6 to 9 prayed for the following reliefs in the said writ petition: "PRAYER Wherefore, this Honble Court may be pleased to a. Issue a writ of Quo Warranto directing the 6th Respondent to vacate the office of the Adhyaksha, Zilla Panchayat, Bellary. b. set aside the proceedings dated 29.04.2016 bearing No. SUM./KAM/Pra HaGu/chunavana/05/2016-17 declaring the 6th Respondent as Adhyaksha of Zilla Panchayat, Bellary vide Annexure-H. c. consequently quash the caste certificate issued to the 6th Respondent vide order dated 26-04-2016 in application No. 01/16-17 issued by the 5th Respondent vide Annexure-G. d. pass such other or further orders or directions as this Honble Court may deem fit, in the interest of justice". (emphasis supplied);