Bharati Reddy vs The State Of Karnataka - Supreme Court Important Judgment

 Bharati Reddy vs The State Of Karnataka - Supreme Court Important Judgment 2018 - 

On 6th March, 2018, in the case of Bharati Reddy v. The State Of Karnataka & Ors. [Civil Appeal No. 1763 of 2018], it was alleged that the appellant played fraud on the Government and public by submitting a false affidavit before the Tahshildar for issuance of Income and Caste Certificate, on the basis of which she contested the election for the post of Adhyaksha Zilla Panchayat and got elected to the said post, to which she was otherwise not entitled to or qualified for. A three Judge Bench held that “the High Court could not have issued a writ of quo warranto until the Income and Caste Certificate issued in favour of the appellant, on the basis of which she participated in the election for the post of Adhyaksha and got elected, was to be declared void or invalidated by the Caste Scrutiny Committee.”

It was held that unless the High Court “is satisfied that the incumbent was not eligible at all as per the statutory provisions for being appointed or elected to the public office or that he/she has incurred disqualification to continue in the said office, which satisfaction should be founded on the indisputable facts, the High Court ought not to entertain the prayer for issuance of a writ of quo warranto.”