IN THE HIGH COURT OP IKARNATAKA CIRCUIT BENCH AT DHAR\VAD DATED THIS THE 9H1 DAY OF DECEMBER 2O I PRESENT THE HON’BLE MRJUST1CE MOHAN SHANTANAGOUDAR AND THE HON’BLE MRJUSTICE RAy! MALIMATH WRIIAPPEAL No. 6423,OjjjGMCçJ BETWEEN: Smt. Hanamavva, W/o Duragappa Bhavikatti. Age: 48 years, 0cc.: Adhvaksha, Gram Panchavat. IKyadaguppa. R/o Ghragi, Tq. Kushtagi. LDis koppal. Appellant By Shri A.S.PatiI. i\clvocatel AND: 1. State of IKarnataka rep. By its Secretary to Department of Rural Development & Panchavatraj. MS. Building. Bangalore-O I 2. The Deputy Commissioner. IKoppal District, koppal. 3. The Assistant Commissioner, Koppal SuhDivision, Koppal. 4. The Tahasildar. Kushtagi Taluk. kushtagi. Dist. koppal. 5. Smt, Shakuntala, W/o Mallikarjun Patil, Ad about 38 ears, Ccc. Member, Gram Pimcha\ at, kvadagtippa, Tq. lKushtitti. Dst. koppal. Respondents lBv Sri Shivaraj C. BellaRki. C/Advocate for R3) This Writ Appeal is filed under Section 4 of the karnataka High Court Act praying to set aside the impugned order dated 18.11.2011 passed by the learned Single Judge in W.P. No. 62826/201 1 This Appeal coming on for preliminary hearing this da, Mohan Shantanagoudar J. delivered the following: JUDGMENT 1. The orders passed by the learned Single Judge in W.P. No. 62826/201 1 quashing the endorsement dated 07.03.2011 (Annexure A to the Writ Petition), is called in question in this appeal. 2. The records reveal that the appellant herein was the 5 respondent in W.P. No. 62826/2011. The appellant and the 5tt respondent herein contested and were elected as members of the Kvadagoppa Grama Pancha\at, kushtagi Taluk. The appellant admittedl\ belongs to Kuruha community. The said community is classified as the Backward Class Category-A. 51 :3: reápondent herein admittedly belongs to a community which comes under Backward Class Category-B. The post of Adhyaksha of Gramapanchayath was reserved in favour of Category-B Female candidate. However, the petitioner though belongs to Kuruba community (category-A) obtained the certificate from the concerned authorities to the effect that she belongs to Category-B. Based on such a false certificate issued by the authorities, the appellant herein contested the election of Adhyaksha and got elected. The respondent no. 5 made an application immediately before the Tahasildar to cancel the caste certificate issued in favour of the appellant on the ground that the petitioner does not belong to Backward Class Category-B, but belongs to Backward Class Category-A. The Tahasildar after giving due opportunity of being heard to the petitioner and as the petitioner did not produce any material to show that she belongs té Backward Class Category-B, passed the order on 20.09.2010 (Annexure-B to the Writ Petition) cancelling the caste certificate relating to Backward :4: Class Category B issued in favour of the appellant. Since the caste certificate with regard to Backward Class Categon B issued in favour of the appellant came to be cancelled b3 the authority concerned. that is. the Tahasildar. Kushtagi. the appellant did not have an5 right to continue for the post of Adhyaksha which was reserved for Backward Class Category B female candidate. Accordingly, the 5th respondent herein (petitioner in the Writ Petition) who belongs to the Backward Class Category-B, made an application before the concerned authorities to initiate action against the appellant herein for the purpose of conducting reelection to the post of Adhyaksha. As the same was not done, the 5ti respondent herein filed W.P. NO. 62826/20 1 1 before this Court. The said Vrit Petition came to be disposed of on 19.11.2011 by holding thus: “3. When the respondent No. 5 licis been declared by the competent authority holding that she belongs to Category 2A and f she had been wrongly elected as belonging to Backward Class Woman B Category, the ‘3’ moment it is brought to the notice of the concerned authonties. it is for them to see that the 5 respondent shall not be continued to act as Adhyciksha and it u’as required for them to conduct fresh elections to elect the person for whose benefit the resencition is nade for that particular Aclhyakshc. post. 4. Therefore, the writ petition is allowed. The endorsement dated 7.3.2011 as per Annexure A is quashed. directing the respondents to conduct the election, in accordance with law.” 3. We do not find any ground to interfere with the impugned order order in as much as the same is just and proper under the facts and circumstances of the case. Admittedly the appellant herein belongs to Kuruba community as per the notification issued b3 the State Government dated 13.01.1995 (published in thc Official Gazatte on 13.01.1995). It is clear that the Kuruba community comes under Backward Class Categor5 -A and not under Backward Class Category-B. If it is so, the appellant herein falls under Backward 1) Class Category A. Thus, the appellant has no right to Occup\ the post of Adh\aksha of Grarnapanchavat which as reserved for Category-B. In view of the same, the learned Single Judge has issued a writ in the nature of quo worrunto against the appellant herein and directed the authorities to conduct election for electing the Adh aksha afresh in accordance with lax, Since the impugned order is just and proper. no interference is called for. The appeal fails and is dismissed. Sd/ TUDGE Sd/ JUDGE hvv