A view of the High Court of Karnataka.
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G. Manjunatha, former MLA for Mulbagal constituency (Scheduled Caste), had “stolen constituency” from a particular person genuinely belonging to the class by contesting elections in 2013 based mostly on a false caste certificates, the High Court of Karnataka has stated.
Observing that his conduct of contesting the election to the State legislature on a false caste certificates “fringes on the borders of fraud on the Constitution,” the courtroom left it to the State authorities to take motion as per regulation in opposition to him.
Justice M. Nagaprasanna handed the order just lately whereas dismissing a petition filed by Mr. Manjunatha.
The former MLA had questioned the legality of the October 27, 2021, report of the District Caste Verification Committee (DCVC), which had stated that he belongs to Byragi caste, which is a caste beneath the Other Backward Classes listing, and he doesn’t belong to Budaga Jangama caste (SC) as was claimed by him.
The High Court stated the report of the DCVC “does not warrant any interference”.
“It is a clear case that the petitioner contested the election on a caste certificate, which was on the face of it false, and became a lawmaker even, by stealing away a constituency that was meant for a person genuinely belonging to a Scheduled Caste. It is this act that fringes on the borders of fraud on the Constitution,” the High Court noticed.
Background
Mr. Manjunatha’s election as an Independent candidate from the Mulbagal Assembly constituency was put aside by the High Court in April 2018 by holding that he had failed to determine that he belongs to the Budaga Jangama caste.
On his attraction, the apex courtroom had requested the DCVC to conduct an inquiry and submit a report. When the DCVC submitted the report dated October 27, 2021, the apex courtroom requested him to problem it earlier than the High Court because the findings of the report have been in opposition to him.
Claim after 30 years
Mr. Manjunatha made a declare, for the primary time, that he belonged to the Budaga Jangama caste in 2008, when he was 30. Both the tahsildar and the Deputy Commissioner had rejected his declare based mostly on the end result of the inquiry and his college data.
He had submitted one other software in 2011-12 and claimed to have secured a caste certificates from the tahsildar. However, to an RTI question, the tahsildar stated the computer-generated caste certificates was secured by misusing the official equipment.
The DCVC’s latest verification discovered that none of his kinfolk have Budaga Jangama certificates. The DCVC additionally refused to just accept his declare that there was a reference within the pre-independence Kolar Gazetteer that Budaga Jangama was additionally identified by names akin to ‘malasanyasi’, ‘bairagi’, and so forth., in several half.