- 1 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.102411 OF 2023 (GM-CC) C/W WRIT PETITION NO.100112 OF 2022 (LB-ELE) IN WP NO.102411/2023 BETWEEN: SRI. RAJU S/O. SHANKARAO AMBORE, AGED ABOUT 57 YEARS, R/O. SAI KRUPA, MARATHA COLONY, DHARWAD-580008. …PETITIONER (BY SRI. SANTOSH B.MANE, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, DHARWAD, DIST. DHARWAD-580001. 2. THE ASST. COMMISSIONER, DHARWAD-580001. 3. THE TAHASHILDAR GRADE II, DHARWAD-580001. 4. THE REVENUE INSPECTOR, TAHASHILDAR OFFICE, DHARWAD-580001. 5. THE VILLAGE ACCOUNTANT, TAHASHILDAR OFFICE, Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 DHARWAD-580001. 6. SRI SURESH FAKIRAPPA BEDARE, AGE. MAJOR, R/O. NEAR BASAPPA KHANAWALI, COURT CIRCLE, DHARWAD-580001. 7. CHANDRAKALA G. W/O. NAGARAJ V., AGE. MAJOR, R/O. NEAR TAVAREGERE HOSPITAL, K.C. PARK, POST OFFICE, DHARWAD-580008. …RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1 TO R5; SRI. M.S. HIREMATH, ADVOCATE FOR R6; SERVICE OF NOTICE TO R7 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 2-2-2023 PASSED BY THE RESPONDENT NO 1 IN MAG/CR/115/2022 WHEREBY CONFIRMING THE ORDERS PASSED BY THE 2ND RESPONDENT IN MAG/CR/101/2021-22 DATED 29/09/2022 VIDE ANNEXURE- H AND J RESPECTIVELY AND DIRECT THE RESPONDENTS TO RECONSIDER THE CAST OF THE RESPONDENT NO.6 AFRESH BY HOLDING AN ENQUIRY CONSIDERING THE CAST MENTIONED IN THE SCHOOL RECORDS OF THE RESPONDENT NO.6. 2. GRANT ANY OTHER RELIEF/S DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO.100112/2022 BETWEEN: 1. SHIVAYOGI HUGAR S/O. KALLAPPA HUGAR, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. 5TH CROSS, MARATHA COLONY, DHARWAD-580001. - 3 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 2. SMT. RATNA VAIKUNTE W/O. LAXMAN VAIKUNTE, AGE. 53 YEARS, OCC. HOUSEWIFE, R/O. 1ST CROSS, SAPTAPUR, DHARWAD-580001. ...PETITIONERS (BY SRI. S.S. CHALAWADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY UNDER SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHIEF ELECTION OFFICER AND DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-560001. 3. THE HUBBALLI-DHARWAD MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, LAMINGTON ROAD, HUBBALLI, DISTRICT. DHARWAD-580052. 4. THE TAHASHILDAR, DHARWAD TALUK, DHARWAD-580001. 5. SURESH BEDARE S/O. FAKKIRAPPA BEDARE, AGE. 52 YEARS, OCC. BUSINESS, R/O. P.B. ROAD, NEAR DHARWAD HOTEL, COURT CIRCLE, DHARWAD-580001. ...RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1 TO R4; SRI. SHIVARAJ C.BELLAKKI, ADVOCATE FOR R2; SRI. I.K. KABBUR, ADVOCATE FOR R3; SRI. M.S. HIREMATH, ADVOCATE FOR R5) - 4 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A. ISSUE APPROPRIATE WRIT OR ORDER OR DIRECTION IN THE NATURE OF QUO-WARRANTO DIRECTING THE 5TH RESPONDENT TO VACATE THE OFFICE OF THE COUNCILOR TO REPRESENT 13TH WARD OF HUBLI-DHARWAD MUNICIPAL CORPORATION. B. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE CASTE CERTIFICATE, DATED: 20.08.2021 BEARING NO.NIL, ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE 5TH RESPONDENT AS HE BELONGS TO “BACKWARD CLASS-A” (AS PER ANNEXURE-E). C. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE DECLARATION OF HIS ELECTION AS PER RETURN OF ELECTION, DATED: 06.09.2021 (AS PER ANNEXURE-G). D. GRANT ANY OTHER RELIEFS AS DEEMED FIT BY THIS HON’BLE COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING AWARDING OF THE COST, IN THE INTEREST OF JUSTICE AND EQUITY. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 ORAL ORDER These two writ petitions are filed questioning the caste certificate issued in favour of respondent No.6-Suresh Bedare. 2. In WP No.102411/2023, the petitioner, who had contested and defeated in the election for the constituency of Ward No.13, Hubballi-Dharwad Municipal Corporation, is seeking the following prayer: “Issue a writ in the nature of certiorari and quash the impugned order dated 2-2-2023 passed by the respondent No 1 in MAG/CR/115/2022 whereby confirming the orders passed by the 2nd respondent in MAG/CR/101/2021-22 dtd 29/09/2022 Vide Annexure-H and J respectively and direct the respondents to reconsider the cast of the respondent No.6 afresh by holding an enquiry considering the cast mentioned in the school records of the respondent No.6.” 3. In WP.100112/2022, the petitioners, who are the voters of the said constituency, are seeking the following prayer: “a. Issue appropriate writ or order or direction in the nature of Quo-warranto directing the 5th Respondent to vacate the office of the Councilor to represent 13th Ward of Hubli-Dharwad Municipal Corporation. - 6 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 b. Issue a writ of certiorari or any other appropriate writ or order or direction quashing the Caste Certificate, Dated: 20.08.2021 bearing No.NIL, issued by the 4th Respondent in favour of the 5th Respondent as he belongs to “Backward Class-A” (As per ANNEXURE-E). c. Issue a writ of certiorari or any other appropriate writ or order or direction quashing the declaration of his Election as per Return of Election, Dated: 06.09.2021 (As per ANNEXURE-G). d. Grant any other reliefs as deemed fit by this Hon’ble Court in the facts and circumstances of the case including awarding of the cost, in the interest of justice and equity.” 4. The petitioners in both the writ petitions are questioning the Caste Certificate issued in favour of respondent No.6-Suresh Fakirappa Bedare, both writ petitions are disposed of by this common order. 5. It is the case of the petitioners that the constituency of Ward No.13 in Dharwad City was reserved for the candidates belonging to Backward Class-A. Respondent No.6 though belongs to Hindu Lingayat Community had contested the election by obtaining fake caste certificate from the office of respondents for the purpose of contesting the election, as if he belongs to - 7 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 Backward Class-A and the fact that respondent No.6 belongs to Hindu Lingayat Community is evident from his School Leaving Certificate. It is further stated that the Hindu Lingayat is not included in the list of category of Backward Class-A. Respondent No.6 being the candidate of Bharatiya Janata Party had also been issued with the ticket for Ward No.13, where the petitioner in WP No.102411/2023 was contesting the election furnished the false information about the caste stating that he belongs to Hindu Gouli Community. The petitioner had also filed election petition questioning the election of respondent No.6. It is further stated that the petitioner after getting the school records of respondent No.6 had approached respondent No.3-Tahasildar Grade-II, Dharwad seeking for recalling/cancellation of the caste certificate issued to respondent No.6, which was not entertained by respondent No.3. Aggrieved by the same, the petitioner had approached respondent No.2-Assistant Commissioner complaining about the issuance of fake caste certificate to respondent No.6. Then respondent No.2- Assistant Commissioner by order dated 29.09.2022 had - 8 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 rejected the complaint of the petitioner. The petitioner had carried that order by filing an appeal before respondent No.1-Deputy Commissioner. Respondent No.1-Deputy Commissioner, by order impugned, dated 2.2.2023 confirmed the order of respondent No.2-Assistant Commissioner. Aggrieved thereby, the petitioners are before this Court. 6. It is the contention of both the learned counsels appearing on behalf of the petitioners that when the school certificate shows that respondent No.6 belongs to different community, respondent Nos.1 and 2 ought to have conducted a detailed enquiry and ought to have cancelled the Caste Certificate that is issued in favour of respondent No.6. It is submitted that the impugned orders are passed on the ground that the family members of respondent No.6 belongs to Hindu Gouli. It is further submitted that all those certificates are pressed into service in the year 2021 and based on such certificates and based on panchanama, the Caste Certificate ought not to have been issued and on complaint by the petitioner, the Authorities i.e. Respondent - 9 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 No.1-Deputy Commissioner and respondent No.2-Assistant Commissioner ought to have considered and passed a reasoned order. 7. Learned HCGP as well as learned counsel appearing on behalf respondent No.6 submit that while issuing the caste certificate, a detailed enquiry and panchanama was conducted and after verifying in the locality that the entire family belongs to the Gouli Community, the caste certificate is issued. It is submitted that both the Assistant Commissioner as well as Deputy Commissioner have passed an elaborate order and no interference is called for. 8. Having heard the learned counsels on either side, perused the material on record including the orders passed by the Deputy Commissioner as well as the Assistant Commissioner. The facts in both the writ petitions are one and the same. In the order of the Assistant Commissioner, it has been discussed in details as to how the caste certificate is issued to respondent No.6 and also the fact that in the - 10 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 school records, it is mentioned as Hindu Lingayat. It is discussed in the order that even in the school certificate of the children of sister and brother of respondent No.6, it is stated that they belong to Hindu Gouli Community. It is observed that the Gazette Notification dated 27.06.1991 and another Gazette Notification dated 12.03.2001 had also been considered by the Assistant Commissioner, Dharwad. It is observed by the Deputy Commissioner that when there are different documents relating to respondent No.6-Suresh Bedare, wherein it is stated that he belongs to Hindu Gouli Community, under such circumstances, only on the basis of the School Leaving Certificate, it cannot be concluded that he belongs to Lingayat community. Even it is not clear as to who admitted respondent No.6 in school and whether that person is actually knowing to which caste respondent No.6 belongs to. It is further observed by the Deputy Commissioner that in the light of the villagers statement, Panchanama prepared by the Village accountant in the presence of Panchas, the certificate issued by the President of Hindu Gouli Samaja and sworn affidavit of the respondent - 11 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 No.6, it can be safely accepted that respondent No.6 belongs to Hindu Gouli Community. Except the School Certificate of respondent No.6-Suresh Bedare, all other documents and evidence are in support of the case of respondent No.6. The Deputy Commissioner had further observed that on the basis of Caste Certificate of respondent No.6, panchanaama prepared by Grade-II Tahasildar, Dharwad and the Certificate issued by Hindu Gouli Samaja, Dharwad, the Assistant Commissioner had rightly come to the conclusion that respondent No.6 belongs to Hindu Gouli Community and therefore, dismissed the petition. 9. Having perused the order passed by the Deputy Commissioner and in the light of the submissions made by the learned counsel for the petitioners, now this order needs to be appreciated by this Court. No doubt, in the school records, it is mentioned that respondent No.6 belongs to Hindu Lingayat Community and when a detailed enquiry was conducted in the locality, the information collected from all the relatives and as per the panchanama, they all belong to Hindu Gouli Community. Even the school records of the - 12 - HC-KAR NC: 2026:KHC-D:2006 WP No. 102411 of 2023 C/W WP No. 100112 of 2022 children of sister and brothers of respondent No.6 also show that they belong to the said Hindu Gouli Community. In those circumstances, respondent No.6 could have taken appropriate steps to get those documents rectified, however, he has not taken any such steps. The materials placed before the Assistant Commissioner and the Deputy Commissioner are relevant and basing on that, both of them had rightly passed the order impugned. This Court finds no reason to interfere with the same. Accordingly, this Court proceeds to pass the following: ORDER i) Both the writ petitions are dismissed. ii) All I.A.s in these petitions shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 1 Sl No.: 72