The Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 does not oust the jurisdiction of the High Court to decide electoral disputes questioning the caste of candidates returned to the statute. Assembly, Karnataka High Court said.
Justice Ananth Ramanath Hegde dismissed the petition filed by B Devendrappa, Member of Legislative Assembly from Jagalur constituency, seeking to quash a petition questioning his election to the Assembly in the 2023 elections.
Samajwadi Party’s G. One allegation in the petition filed by Swamy was that Devendrappa had falsely declared that he belonged to Scheduled Tribe (ST), a caste for which the constituency was reserved, even though he belonged to Myasa. Nayak community, which is a backward caste in Karnataka.
On the other hand, it was contended on behalf of Mr. Devendrappa that only the District Caste Verification Committee (DCVC) constituted under the 1990 Act had the jurisdiction to decide the election petition questioning the validity of the caste certificate and his caste. Keeping in view the provisions of the 1990 Act, it could not be placed before the High Court.
“On a conjoint reading of Sections 80 (Election Petitions) and 80A (Trial of Election Petitions in High Court), 100(1) (a) (Grounds for declaration of annulment of election) and Section 5 (A) (Qualifications for membership). One of 1951 Legislative Assembly Act, it is clear that an election petition questioning the election of a withdrawn candidate who does not have the prescribed qualification on the basis of withdrawal should be decided only by the High Court and no other. ” Justice Hegde said.
The 1990 Act did not provide anything about legislative elections or election disputes, the court pointed out.
Also, if the DCVC passes an order in respect of the caste certificate issued for contesting the election, the High Court will not be compelled to decide the election petition under Sections 80 and 80A of the Act if there is any finding on the validity of the said caste certificate. The court clarified that the Act of 1951 and the proceedings of 1951 were conducted in different areas.
published – December 16, 2024 at 11:23 pm IST