High Court of Karnataka examines legality of change of category for Gram Panchayat Adhyaksha election under the Gram Swaraj and Panchayat Raj Act, 1993. The principal question concerns the eligibility of a general category elected member to contest a reserved post of Adhyaksha by obtaining a caste certificate after election.

Writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an order of the Deputy Commissioner and a caste certificate.

Quash the order dated 09.08.2023 passed by the Deputy Commissioner and the caste certificate dated 23.06.2023 issued by the Tahsildar.

Petitioner contended that respondent No.6, who was elected from a general category, could not contest for the post of Adhyaksha reserved for BCB-Woman by changing her category after election.

Assistant Commissioner granted interim order restraining respondent No.6 from contesting; Deputy Commissioner stayed that order and permitted her to contest, then passed final order on 09.08.2023 with observations on the permissibility of category change, while leaving the matter to be decided in the election petition.

Whether a member elected to Gram Panchayat from a general category can change the category to a reserved category for contesting the post of Adhyaksha. Validity of the caste certificate issued without verification by the Caste Verification Committee. Interpretation of Sections 5 and 44 of the Gram Swaraj and Panchayat Raj Act, 1993 regarding reservation for seats and posts.

Petitioner argued that once a member is elected in general category, she cannot change the category to reserved for the post of Adhyaksha; that the caste certificate was issued in a hurry and without reference to the Caste Verification Committee, thus invalid; relied on Section 5 of the Act and the Supreme Court decision in Bharati Reddy. Respondents argued that reservation for the post of Adhyaksha under Section 44 is independent of the reservation for the seat under Section 5; that a person belonging to a reserved category is not barred from contesting a reserved office even if elected from a general seat; relied on Supreme Court decisions in Kasambhai F. Ghanchi and Bharati Reddy, and a coordinate bench decision in C. Ramappa.

Once a member of Gram Panchayath is elected in the general category, the said member cannot change the category to any reserved category and contest for the post of either Adhyaksha or Upadhyaksha, which is reserved for such particular category. The reservation under Section 5 of the Act is for the election to the Gram Panchayat whereas there is a separate reservation provided under Section 44 of the Act for the post of Adhyaksha and Upadhyaksha. Reservation is with reference to the category/caste to which the person belongs and not the nature of constituency from which he/she was elected.

Petitioner and respondent No.6 were both elected to the Kunnala Grama Panchayath in the year 2020; petitioner from a reserved seat, respondent No.6 from a general seat. In 2023, elections for Adhyaksha were called, with the post reserved for BCB-Woman. Respondent No.6 obtained a caste certificate and filed nomination. Petitioner challenged before the Assistant Commissioner, who granted an interim order restraining respondent No.6 from contesting. Respondent No.6 appealed to the Deputy Commissioner, who stayed the order and permitted her to contest. The election was held and respondent No.6 won. Petitioner filed an election petition. The Deputy Commissioner then passed a final order on 09.08.2023, making observations on the permissibility of category change but deferring to the election petition. Petitioner filed this writ petition to quash that order and the caste certificate. The High Court heard arguments and reserved the matter for orders; judgment pronounced on 31.10.2023.

• Gram Swaraj and Panchayat Raj Act, 1993: 5, 44
• Constitution of India: 226, 227