Case Note & Summary
The petitioner, Smt. Basamma, was elected as a member of the Gram Panchayat Ingalageri on 17.02.2013. Subsequently, she contested the election for the post of President of the same Gram Panchayat. The Returning Officer rejected her nomination on the ground that she was disqualified under Section 43(1)(a) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, which disqualifies a person who has been convicted by a criminal court. The petitioner challenged this rejection by filing writ petitions under Articles 226 and 227 of the Constitution of India, seeking to quash the notification dated 15.06.2015 insofar as it pertained to the election of the President. The court examined the records and found that no conviction was recorded against the petitioner. The court noted that the Returning Officer had not applied his mind to the requirement of Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj (Election of Adhyaksha and Upadhyaksha) Rules, 1994, which requires that the disqualification must be based on a conviction. Since there was no conviction, the rejection of the nomination was illegal. The court allowed the writ petitions, quashed the notification to the extent it pertained to the election of the President, and directed the respondents to proceed with the election of the President in accordance with law, considering the petitioner's nomination as valid.
Headnote
A) Election Law - Gram Panchayat President Election - Disqualification - Section 43(1)(a) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Rule 3(2) of Karnataka Gram Swaraj and Panchayat Raj (Election of Adhyaksha and Upadhyaksha) Rules, 1994 - The petitioner, a member of Gram Panchayat, was disqualified from contesting the President election on the ground that she had been convicted by a criminal court. However, the court found that no conviction was recorded against the petitioner, and the Returning Officer had not applied his mind to the requirement of Rule 3(2) which mandates that the disqualification must be based on a conviction. The court held that the rejection of nomination was illegal and quashed the notification insofar as it pertained to the election of the President. (Paras 1-5)
Issue of Consideration
Whether the Returning Officer was justified in rejecting the nomination of the petitioner for the election of President of Gram Panchayat on the ground that she was disqualified under Section 43(1)(a) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, despite no conviction being recorded against her.
Final Decision
The writ petitions are allowed. The notification dated 15.06.2015 bearing Ref.No.Kra:Chunavane:CR:38:2015-16, insofar as it pertains to the election of the President to the respondent No.4 Gram Panchayat which is found at Sl.No.9 in the said notification, is quashed. The respondents are directed to proceed with the election of the President of the Gram Panchayat in accordance with law, considering the petitioner's nomination as valid.
Law Points
- Election law
- Gram Panchayat
- President election
- Disqualification
- Conviction
- Rule 3(2) of Karnataka Gram Swaraj and Panchayat Raj (Election of Adhyaksha and Upadhyaksha) Rules
- 1994
- Section 43(1)(a) of Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Articles 226 and 227 of Constitution of India
Case Details
2016 LawText (KAR) (02) 1
Writ Petition Nos.206789-790/2015 (LB-RES)
Sri D.P. Ambekar for petitioner, Sri A. Syed Habeeb for R1 to R3, Sri Basavaraj Kareddy for R5 to R8
The State of Karnataka, The Deputy Commissioner, The Returning Officer, The Gram Panchayat Ingalageri, Smt Renukabai, Smt. Sharanamma, Smt. Nazmin, Smt. Renuka
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Nature of Litigation
Writ petitions challenging the rejection of nomination for the election of President of Gram Panchayat.
Remedy Sought
Petitioner sought a writ of certiorari to quash the notification dated 15.06.2015 insofar as it pertained to the election of the President of the Gram Panchayat.
Filing Reason
The Returning Officer rejected the petitioner's nomination for the post of President on the ground of disqualification under Section 43(1)(a) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, alleging conviction by a criminal court, which the petitioner contended was false as no conviction was recorded.
Issues
Whether the Returning Officer was justified in rejecting the nomination of the petitioner for the election of President of Gram Panchayat on the ground of disqualification under Section 43(1)(a) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, without there being any conviction recorded against the petitioner.
Submissions/Arguments
Petitioner argued that no conviction was recorded against her and the Returning Officer did not apply his mind to Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj (Election of Adhyaksha and Upadhyaksha) Rules, 1994.
Respondents argued in support of the rejection, but the court found no merit as no conviction was shown.
Ratio Decidendi
The disqualification under Section 43(1)(a) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, for being convicted by a criminal court, must be based on an actual conviction. The Returning Officer must apply his mind to Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj (Election of Adhyaksha and Upadhyaksha) Rules, 1994, which requires proof of conviction. In the absence of any conviction, the rejection of nomination is illegal.
Judgment Excerpts
Petitioner on being elected as a member of the fourth respondent Gram Panchayat on 17.02.2013, successfully contested the election for the post of Adhyaksha of the Gram Panchayat.
The Returning Officer rejected the nomination of the petitioner on the ground that she was disqualified under Section 43(1)(a) of the Act, since she was convicted by a criminal court.
On perusal of the records, it is evident that no conviction is recorded against the petitioner.
The Returning Officer has not applied his mind to the requirement of Rule 3(2) of the Rules.
Hence, the rejection of the nomination of the petitioner is illegal.
Procedural History
The petitioner was elected as a member of Gram Panchayat on 17.02.2013. She contested the election for President, but her nomination was rejected by the Returning Officer on 15.06.2015 on the ground of disqualification under Section 43(1)(a) of the Act. She filed writ petitions under Articles 226 and 227 of the Constitution before the High Court of Karnataka, Kalaburagi Bench, which were heard and disposed of on 09.02.2016.
Acts & Sections
- Karnataka Gram Swaraj and Panchayat Raj Act, 1993: Section 43(1)(a)
- Karnataka Gram Swaraj and Panchayat Raj (Election of Adhyaksha and Upadhyaksha) Rules, 1994: Rule 3(2)
- Constitution of India: Articles 226, 227
