Smt. Pushpavathi v. State of Karnataka
Case brief
What is this about?
Petitioner challenged a caste certificate issued to an opponent to contest an election. The High Court allowed the petition in part, quashing the appellate authority's order and remitting the matter to the Assistant Commissioner to conduct a statutory appeal under Section 4B of the Act, 1990, noting the Commissioner misdirected itself on jurisdiction.
What did the court decide?
The impugned order dated 04.05.2013 passed by the Commissioner is set aside. The Assistant Commissioner, Bangalore North is directed to conduct an enquiry and dispose of the appeal. The report of the
What the court decided
- 1 - NC: 2023:KHC:37593 WP No. 24509 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 24509 OF 2013 (GM-CC)
BETWEEN:
SMT. PUSHPAVATHI D/O VITTAL NAYAK AGED ABOUT 33 YEARS, RESIDENT OF NO.32, 4TH MAIN ROAD, SWATANTRAPALYA, SRIRAMAPURAM, BANGALORE-560001. (BY SRI. P.M.SIDDAMALLAPPA, ADVOCATE)
…PETITIONER
AND:
- STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
Issues for consideration
3 issues framed by the court
Whether a caste certificate used for contesting an election falls within the scope of the Karnataka Scheduled Castes, Scheduled Tribes and Other backward Classes (Reservation of Appointment, etc.,) Ac
Whether an Assistant Commissioner has jurisdiction to entertain an appeal challenging a caste certificate obtained for election purposes instead of employment or admission?
Whether the petitioner should be remitted to the Assistant Commissioner to challenge the caste certificate or quashed at the High Court stage?
Parties & counsel
- petitioner
SMT. PUSHPAVATHI D/O VITTAL NAYAK
- respondent
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO SOCIAL WELFARE DEPARTMENT
- respondent
THE COMMISSIONER CUM APPELLATE AUTHORITY, SOCIAL WELFARE DEPARTMENT
- respondent
THE DEPUTY COMMISSIONER CUM CHAIRMAN, DISTRICT CASTE VERIFICATION COMMITTEE
- respondent
THE ADDITIONAL DIRECTOR GENERAL OF POLICE CIVIL RIGHTS ENFORCEMENT DIRECTORATE
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · October
- Registered
- Case no.
- WP/24509/2013
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