Moodbidri: The High Court, in its judgment dated 10th March has set aside the election of Anil Lobo to the Moodabidri town municipal council. This important decision came after Krishnaraj Hegde, his opponent in the said election, filed an appeal in the High Court against the dismissal of his Election petition by the election tribunal in Karkala.
It may be recalled that Anil Lobo had won the Moodbidri Town Municipal Council elections from Ward no. 21 against the Mangalore APMC president and senior municipal member Krishnaraj Hegde. Hegde challenged Anil Lobo’s election to the council’s membership in the election tribunal on the grounds that the victor was not eligible to contest, as while he belonged to the reserved category notified for the ward, category ‘B’, being a Christian, he was ineligible to contest the elections, as he was an income tax assessee as well as a sales tax assessee on the date of filing of his nomination for the election. According to Hegde, Lobo had suppressed this material fact of being a tax assessee from the returning officer.
The Election tribunal dismissed his petition holding that there was insufficient material on record to prove Hegde’s case. Consequently Hegde went on appeal to the high court to quash election tribunal’s order and set aside Lobo’s election under section 27 of the Karnataka Muncipal Act 1964.
The High Court took cognizance of the fact that on the note appended to the notification of the Housing and town development department, on page 15 , Christians and Jains (Digambaras) come under ‘B’ category of backward class, the category notified for the ward. The court observed that while the appellant Krishnaraj Hegde is a Jain (Digambara), and Lobo is a Catholic Christian and both are eligible to contest by that parameter, the notification excludes certain persons from ‘B’ category from contesting an election to the Town Municipality or City Municipality, if the person is an income tax assessee or sales tax assessee, or his spouse is a Class I or II officer in the service of the Government.
The Court also observed that the material placed on record showed that Lobo is a tax assessee as he owns or is in a partner in at least five businesses. He did not step into the witness box to counter this evidence, and consequently, the final order went against him and his election was set aside. A copy of the judgment was sent to the DC, Dakshina Kannada for implementation. Lobo is also likely to lose the membership of the District planning commission as a consequence of the order.
