Election Candidates Should Disclose Challenge To Their Caste, Education Certificates: Karnataka High Court Suggests

The Karnataka High Court has said that candidates contesting elections must declare if any challenge is made to their caste, education or other certificates, which can be considered by election authorities and can come to the public's knowledge as well as other candidates who may object to it if they want. Issuing certain general directions Justice Suraj Govindaraj in his order said:"In this regard, I am of the considered opinion that the candidate while making a declaration would also have to make a declaration as regards any challenge made to any certificate of his, be it caste, education or the like. So the same could be considered by the election authorities, as also come to the knowledge of the general populace and other candidates to take any objection if they desire to do so. Thus, I am of the opinion that the Law Commission would have to look into this aspect insofar as elections which are conducted under the provisions of the Right to Representation Act 1951". It further said that it would be for the State to prepare "appropriate guidelines" indicating that the contestants will have to furnish details of "all the litigations pending and decided", that the candidate is/was involved in both civil and criminal matters before judicial, quasi-judicial or administrative authorities so that the information is available to all–including the voting populace and rival candidates."Transparency would require all material details as regards the election to be placed for consideration before all the concerned,” the court added. The bench made the suggestion while dismissing a petition filed by Member of Legislative Assembly Prabhu Chavan, who had challenged the notice issued to him by the Commissioner and Appellate Authority, Social Welfare Department directing the petitioner to appear before respondent No.3-Deputy Commissioner-cum-Chairman, District Caste Verification Committee (DCVC) on a plea filed by rival contestant Narasinga, questioning the validity of Chavan's caste certificate.BackgroundThe petitioner–MLA from 'Aurad' Constituency in Bidar District–claiming to belong to the “Lambani” caste which is a 'Schedule Caste' has been elected in the year 2008, 2013, 2018 and 2023. When the petitioner got elected for second time in the year 2013, the Additional Director General of Police (Directorate of Civil Rights Enforcement DCRE)-respondent No.4 on the complaint of one Sri.Shankarrao Doddi had directed an enquiry by the District Caste Verification Committee (DCVC) with regard to the validity of the caste certificate issued in favour of the petitioner.The DCVC after due verification and enquiry passed an order on 20.11.2017 holding that the petitioner is a resident of State of Karnataka and that he belongs to the 'Lambani' caste. Doddi had questioned the order in a writ petition which came to be dismissed then he filed an appeal before Respondent No.2 (Commissioner And Appellate Authority Social Welfare Department), but had withdrawn the same on 07.05.2018. Later, Ravindraswamy and one Vijaykumar raised similar challenges. A Co-ordinate Bench vide order dated 01.02.2022 allowed the writ petition filed by Vijaykumar and directed the respondent Authorities to conduct fresh enquiry, with regard to the caste certificate issued in favour of the petitioner. The same was challenged by the petitioner in appeal which came to be allowed. Subsequently the respondent no 9 (Narasingha), in 2017 raised an appeal before the authority which issued a notice of enquiry to the petitioner. Following which he approached the high court. SubmissionsThe petitioner's main contention was that the notice issued by Respondent No.2 is wholly without jurisdiction and as such, this Court can exercise jurisdiction in the present matter to quash the same. Further, he faced enquiry and/or proceedings on three earlier occasions, and having succeeded in all of them, Respondent No.9 could not have filed another appeal before Respondent No.2, on which basis Respondent No.2 has issued the present impugned notice. Earlier an appeal filed by one Shankarrao Doddi challenging the validity of the petitioner's caste certificate under Section 4D came to be withdrawn. It was contended that an order passed by the Verification Committee under Section 4C has to be filed within 30 days from the date of receipt of the order. The order having been passed way back on 20.11.2017, no proceedings could have been initiated by Respondent No.9, termed as an appeal challenging the order dated 20.11.2017. Finally it was said that Narasinga can neither be considered to be an aggrieved party, nor can he maintain an appeal over an order as regards which he was not a party. Narasinga opposed the plea submitting that petitioner originally came from Maharashtra State, his grandfather namely Bhimla Chawan and his grandmother namely Tokubai were residents of Tondchir Village, Udgir Taluk, Latur Distrct in Maharashtra State. They were belonging to Lambani (Banjara)...

Election Candidates Should Disclose Challenge To Their Caste, Education Certificates: Karnataka High Court Suggests

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Election Candidates Should Disclose Challenge To Their Caste, Education Certificates: Karnataka High Court Suggests

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