Ex-MLA furnished fake caste certificate to contest election: Karnataka HC

In conclusion, the DCVC holds that there are no documents produced by the petitioner to demonstrate that he belongs to Budaga Jangama caste,” the court said.
Karnataka High Court
Karnataka High Court(File Photo)

BENGALURU: The Karnataka High Court said that no fault can be found with the findings of the District Caste Verification Committee (DCVC) which categorically stated that former Mulbagal MLA G Manjunatha does not belong to Budaga Jangama, a Scheduled Caste, but to Byragi caste, which comes under OBC.

“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 in the Constitution. Therefore, action against the petitioner must ensue, which I leave it open to the state to initiate, bearing in mind the observations made in the course of the order, in accordance with law,” Justice M Nagaprasanna said.

The court passed the order while rejecting the petition filed by Manjunatha, questioning the findings of the report dated Oct 27, 2021, submitted by the DCVC which declared that he does not belong to Budaga Jangama caste. “It is an admitted fact that none of the relatives of the petitioner who have deposed before the DCVC have secured any caste certificate as belonging to Budaga Jangama caste.

In conclusion, the DCVC holds that there are no documents produced by the petitioner to demonstrate that he belongs to Budaga Jangama caste,” the court said. An election petition was filed in 2013 before the HC, questioning the election of Manjunatha, Independent MLA from Mulbagal reserved constituency in Kolar, in the 2013 assembly election, and the same was allowed in 2018, holding that the petitioner did not belong to Budaga Jangama caste but to Byragi caste. The petitioner questioned the HC order in the Supreme Court.

The apex court, in its order dated Jan 30, 2020, directed the DCVC to submit a fresh report concerning the caste status of the petitioner. After a detailed inquiry, the DCVC in Oct 2021 passed an order holding that the petitioner does not belong to the Budaga Jangama caste and declared that the petitioner is not eligible for any benefit reserved for the SC.

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