VidhiSangh

Supreme Court of India · 17/08/2017

SMT. BHARATI REDDY versus THE STATE OF KARNATAKA AND ORS.

[2017] 8 S.C.R. 859 · 2017 INSC 768

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Summary

Voters who were not Zilla Panchayat members could maintain a writ challenge to the Adhyaksha election because the statutory election-petition remedy was confined to members. Constitutional judicial review could not be excluded so as to leave them remediless, although entertaining the writ remained discretionary. The Court did not decide the alleged false caste certificate or election merits.

Issues

  1. Whether non-member voters excluded from the election-petition remedy could invoke Articles 226 and 227.

Provisions considered

Held

Result

Appeal disposed of without costs, maintaining writ maintainability and remand, with conditional continuation in office pending the High Court’s decision.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 859.