JUDGMENT 1. In this appeal, the appellant has assailed the order dated 31.08.2023 passed by the learned Single Judge in Writ Petition No.202197/2023. 2. We have heard the learned counsel appearing for the appellant and the respondents and perused the material on record. 3. The undisputed facts are that, the appellant was elected as member of Gram Panchayat, Sonna - 16, Taluk Jewargi, District Kalaburagi in the elections conducted to the constituency of Ward No.1, as per election certificate dated 30.12.2020. After completion of the term of Adhyaksha and Upadhyaksha, as per order dated 04.07.2023 issued by the Deputy Commissioner, Kalaburagi, meeting was scheduled for conducting the election to the said post for the second term and the election was fixed on 03.08.2023. The post of Adhyaksha was reserved for ST-Woman candidate and the post of Upadhyaksha was reserved for Backward Class-A ('BC-A' for short). 4. The appellant, aspiring for the post of Adhyaksha, filed an application to the competent authority to issue the caste certificate, claiming that she belong to Talawar caste, coming under Scheduled Tribe category ('ST' for short). The Tahasildar issued an endorsement dated 18.07.2023 refusing to issue the caste certificate. The said endorsement (Annexure-G) was challenged in the aforementioned writ petition. The appellant sought for an interim order, to permit her to contest the election for Adhyaksha of Gram Panchayat, Sonna, scheduled on 03.08.2023. 5. The learned Single Judge, by way of an interim order, passed on 02.08.2023, directed the respondents to permit the appellant herein to contest the election, in terms of calendar of events dated 03.08.2023, subject to the result of the writ petition. Accordingly, the appellant contested the election and got elected as President of Gram Panchayat, Sonna. 6. During the pendency of the writ petition, respondent No.3 issued the caste certificate to the appellant on 08.08.2023, stating that the appellant belongs to Talawar community, which is included under ST category. Respondent No.4 got impleaded in the writ petition and contended that the appellant herein was elected from Ward No.1, which was reserved for BC-A, declaring that she belongs to Kabbaliga caste, whereas respondent No.4 contested the election from Ward No.2 reserved for ST-Woman and got elected and she being the only candidate belonging to ST -Woman, is entitled to be elected as Adhyaksha, which post was reserved for ST-Woman. 7. 7. The learned Single Judge dismissed the writ petition observing that the appellant herein was elected as Member of Sonna Gram Panchayat, under other Backward Class Category-A and therefore, she cannot get the benefit of calendar of events wherein the post of Adhyaksha was reserved for Scheduled Tribe (Woman) Category. The learned Single Judge has come to the conclusion that the election of the appellant to the post of Adhyaksha of Gram Panchayat is null and void and against the constitutional principles and further observed that it is open for the respondents to issue new calendar of events to elect the Adhyaksha of Sonna Gram Panchayat, at the earliest, within a period of two weeks from the date of receipt of a certified copy of the order. 8. The learned Single Judge has also observed that the Deputy Commissioner of Kalaburagi shall initiate criminal action against the appellant and the respondent authorities were directed to take appropriate action against her and disqualify her membership of the Gram Panchayat, in accordance with law. 9. The contention of the learned counsel for the appellant is that the appellant belongs to Talawar ST Caste, as it is found in the school records and the Headmaster, Government High School, Aurad, Taluk Jewargi, District Kalaburagi has issued the school certificate dated 26.06.2023, which shows that she belongs to Hindu Talawar caste. Further, the caste certificate of the brother of the appellant also discloses that he belongs to Talawar Caste which comes under Scheduled Tribe. 10. Nextly it is contended that the Revenue Inspector, Jewargi and the Village Accountant, Sonna, after conducting spot inspection has submitted a report that the appellant belongs to Talawar Caste and the Shirestedar has recommended to the Tahasildar, to issue caste certificate to the appellant. After passing of the interim order in the writ petition, permitting the appellant to contest the election to the post of Adhyaksha of Gram Panchayat, Sonna and during the pendency of the writ petition, on 08.08.2023 respondent No.3/Tahasildar has issued the caste certificate stating that the appellant belongs to Scheduled Tribe. 11. It is contended by the learned counsel for the appellant that the competent authority has issued the caste certificate to the appellant as ST Talawar caste and therefore, her election to the post of Adhyaksha, which was reserved for ST woman is valid. 11. It is contended by the learned counsel for the appellant that the competent authority has issued the caste certificate to the appellant as ST Talawar caste and therefore, her election to the post of Adhyaksha, which was reserved for ST woman is valid. It is further contended that until the caste certificate issued to the appellant is in force and not cancelled by the competent authority, no action can be taken, hence, the learned Single Judge was not justified in concluding that her election to the post of Adhyaksha is null and void and further directing the authority to take action against the appellant for initiating criminal action and to disqualify her membership. 12. It is contended by the learned counsel appearing for respondent No.4 that the appellant herein was got elected from Ward No.1 which was reserved for BC-A, by obtaining the caste certificate at the time of her nomination, declaring by way of affidavit that she belongs to Kabbaliga caste, whereas respondent No.4, who belongs to Medar caste, which comes under ST category has contested the election from Ward No.2, reserved for ST Woman and got elected. After publication of reservation for the post of Adhyaksha, appellant filed application for issuance of caste certificate stating that she belong to Talawar caste coming under ST category and by suppressing all the material facts approached this Court under the writ jurisdiction and obtained an interim order. It is therefore contended that having contested the general election under Ward No.1 reserved for BC-A woman, the appellant cannot contest for the post of Adhyaksha which was reserved for ST-woman. He has therefore sought to dismiss the appeal. 13. It is not in dispute that the appellant was elected as a Member of Gram Panchayat, Sonna, Taluk Jewargi, District Kalaburagi from Ward No.1, reserved for BC-A and she got elected from the said reserved seat. She has contested the general election for the Member of Gram Panchayat, Sonna for the seat reserved for BC-A woman. That being so, the appellant could not have contested for the post of Adhyaksha, which was reserved for ST-Woman category. Admittedly, the caste certificate at Annexure-L was issued subsequent to the interim order passed by this Court, wherein the respondents were directed to permit the appellant to contest the election for the post of Adhyaksha. That being so, the appellant could not have contested for the post of Adhyaksha, which was reserved for ST-Woman category. Admittedly, the caste certificate at Annexure-L was issued subsequent to the interim order passed by this Court, wherein the respondents were directed to permit the appellant to contest the election for the post of Adhyaksha. However, the learned Single Judge having appraised of the fact that the appellant was elected as Member of Sonna Gram Panchayat under Backward Class Category-A as per Annexure-R2, has rightly observed that she cannot turn around to get the benefit of calendar of events wherein the post of Adhyaksha was reserved for Scheduled Tribes (Woman) category. The appellant initially, while contesting as a Member of the Gram Panchayat, has declared that she belongs to Kabbaliga caste and only after the issuance of notification reserving the post of Adhyaksha for the ST Woman candidate, claimed to be the member of Scheduled Tribe. Hence, she has not approached the writ Court with clean hands. 14. After passing of the interim order in the writ petition, the Tahasildar has issued the Caste certificate dated 08.08.2023, as per Annexure-L to the appellant stating that she belongs to Scheduled Tribe. Though the appellant could not have contested for the post of Adhyaksha which was reserved for Scheduled Tribe Woman category, since she was got elected as a Member of Gram Panchayat, Sonna from Ward No.1 reserved for Backward Class - A category, unless the caste certificate now issued to the appellant is annulled by the competent authority, no criminal action can be initiated against her. 15. In Bharati Reddy vs. State of Karnataka and others reported in (2018) 6 SCC 162 , relied on by the learned counsel for the appellant, it is a case wherein a writ of quo warranto was issued by the High Court, directing the contesting respondent therein to vacate the office of Adhyaksha, Zilla Panchayat, opining that the said respondent had not declared correct and proper family income only with an intention to hold the post of Adhyaksha which is a public office. The Hon'ble Apex Court 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. 16. The facts of the above case relied on by the learned counsel for the appellant is entirely distinguishable. In the said case, the appellant therein intending to contest the election to the post of Adhyaksha of Zilla Panchayat, reserved for the category of Backward Caste-B (Woman) allegedly submitted a false affidavit before the Tahsildar and contested the election and she was declared elected. The same was challenged on the ground that she played fraud by submitting a false affidavit before the Tahasildar for issuance of income and caste certificate. 17. In the case on hand, the appellant was elected as a Member of the Gram Panchayat, Sonna from Ward No.1 which was reserved for BC-A, mentioning her caste as Kabbaliga and thereafter when the notification was issued reserving the post of Adhyaksha for ST Woman, she applied for the caste certificate claiming that her caste is Talawara and she belongs to Scheduled Tribe. If the appellant is a member of Scheduled Tribe as claimed by her, then she could not have contested the election from Ward No.1, which was reserved for BC-A and not for Scheduled Tribe. According to respondent No.4, she was the only candidate in the Sonna Gram Panchayat who belongs to Scheduled Tribe and she contested the general election from Ward No.2, reserved for ST woman and got elected from the said seat. 18. For the foregoing reasons, we find no error in the order passed by the learned Single Judge in dismissing the writ petition and concluding that the election of the appellant herein to the post of Adhyaksha of Gram Panchyat is null and void. However, directing the Deputy Commissioner to initiate criminal action against the appellant herein is not warranted at this stage. Accordingly, we set aside the said direction. If the Caste Verification Committee comes to the conclusion that the appellant has obtained a false caste certificate, only then necessary criminal action may be initiated, in accordance with law. However, directing the Deputy Commissioner to initiate criminal action against the appellant herein is not warranted at this stage. Accordingly, we set aside the said direction. If the Caste Verification Committee comes to the conclusion that the appellant has obtained a false caste certificate, only then necessary criminal action may be initiated, in accordance with law. Insofar as the direction issued by the learned Single Judge for taking appropriate action against the appellant and to disqualify her membership of the Gram Panchayat, it is open for the concerned authority to proceed in accordance with law, if it is found that the appellant was not eligible to be elected as a member of Gram Panchayat, Sonna from Ward No.1. With the above observation, the writ appeal is dismissed.