Petitioner sought quashing of the Assistant Commissioner's order and criminal action against respondent No.4 for contesting panchayat elections on a false caste certificate. The court held the prayer misconceived since a fresh enquiry was pending and declined to interfere.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:570 WP No. 13760 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13760 OF 2020 (GM-CC)
BETWEEN:
SMT. K. JAYANTHI, W/O CHENNIDEVAIAH, AGED ABOUT 54 YEARS, OCC: HOUSE WIFE, R/AT ATHAGUR VILLAGE AND HOBLI, MADDURU TALUK, MANDYA DISTRICT - 571 433.
…PETITIONER
(BY SRI. BASAVAIAH C, ADVOCATE)
AND:
Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:570 WP No. 13760 of 2020
OCC: HOUSE WIFE, R/AT ATHAGUR VILLAGE AND HOBLI, MADDURU TALUK, MANDYA DISTRICT - 571 433.
…RESPONDENTS
(BY SRI. B. LAKSHMAN, HCGP FOR R1 TO R3; SRI. GAURAV G.K, ADVOCATE FOR R4)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER OF THE R-1 IN CASE NO.MSC 33/2014-15 DATED 11.10.2018 AS PER ANNEXURE-E AND FURTHER BE PLEASED TO DIRECT THE R-1 TO TAKE APPROPRIATE ACTION AGAINST THE R-4 UDNER THE PROVISIONS OF CRIMINAL LAW AS THE R-2 IN EARLIER OCCASION TAKING SERIOUS COGNIZANCE AGAINST THE R-4 DATED 31.8.2015 AS PER ANNEXURE-E1 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by the petitioner assailing the order passed by respondent No.1-Assistant Commissioner and further a mandamus is sought against respondent No.1 to take appropriate action against respondent No.4 for having contested the election by placing reliance on a false caste certificate.
NC: 2024:KHC:570 WP No. 13760 of 2020
learned counsel for respondent No.4 and learned HCGP. Perused the prayer sought in the petition.
NC: 2024:KHC:570 WP No. 13760 of 2020
statements of relatives of respondent No.4 to ascertain his
actual caste.
portion of order passed by the Assistant Commissioner vide order dated 11.10.2018, which reads as under:
"ªÉÄîä£À«zÁgÀgÀ ªÉÄîä£À« ªÀeÁ ªÀiÁrzÉ. ²æêÀÄw ®°vÀªÀÄä PÉÆÃA ¹zÀÝgÁdÄ DvÀUÀÆgÀÄ UÁæªÀÄ CªÀgÉÆ ªÀÄzÀÆÝgÀÄ vÁ®ÆèPÀÄ PÀbÉÃj¬ÄAzÀ ¸ÀA:JA.J.rÀ 02110101802 £ÀÄß ¥ÀqÉzÀ (D¢ PÀ£ÁðvÀPÀ) ¥Àj²µÀÖ eÁw ¥ÀæªÀiÁt¥ÀvÀæ gÀzÀÄݪÀiÁrzÉ. vÀºÀ²Ã3ÁÝgï ªÀÄzÀÆÝgÀÄgÀªÀgÀÄ ¸ÀܼÀvÀ¤SÉ, ªÀĺÀdgÀÄ, ºÁUÀÄ ªÉÄîä£À«zÁgÀgÀ ¸ÀA§A¢üPÀgÀÄ ¥ÀqÉ¢gÀĪÀ eÁw ¥ÀæªÀiÁt ¥ÀvÀæ EªÉ®èªÀ£ÀÄß ¥Àj²Ã°¹, 90 ¢£ÀzÉƼÀUÉ £ÉÊd ¥ÀæªÀiÁt ¥ÀvÀæ ¤ÃqÀ®Ä DzÉò¹zÉ."
by the Assistant Commissioner. The operative portion of
the order passed by the Assistant Commissioner is self explanatory. Therefore, the relief sought in the captioned petition cannot be granted. This Court is also of the view that if petitioner is aggrieved by the order passed by the Assistant Commissioner, which is dated 11.10.2018, passed in appeal No.M.S.C.No.33/2014-15, it is open for the petitioner to question the said order. Therefore, since the fresh enquiry was ordered, the petitioner could not have maintained a petition under Section 482 of the Cr.P.C. The order passed by respondent No.1, vide Annexure-E, cannot be examined under 482 jurisdiction. Therefore, I am not inclined to interfere with the order.
With these observations, I proceed to pass the following:
ORDER
The writ petition is dismissed.
HDK
Sd/JUDGE
1 issue framed by the court
Whether the writ petition seeking action against respondent No.4 for contesting Grama Panchayath elections on a false caste certificate could be maintained when a fresh enquiry had been ordered.
2 provisions across 2 enactments
Smt. K. Jayanthi
The Sub Divisional Officer, Mandya Sub Division
The Thasildar Grade-2, Madduru Taluk
The State by Madduaru Police
Smt. Lalithamma
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
