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Supreme Court of India 2017-08-17 disposed

Bharati Reddy vs State of Karnataka and Ors

Bench: 2 — S. Abdul Nazeer

In Brief

Bharati Reddy was elected as Adhyaksha (Chair) of the Zilla Panchayat in Bellary and voters (non-members) challenged her election by writ petition, claiming she falsely claimed backward class status. The appellant argued the challenge was barred by Article 243-O(b), which restricts panchayat election challenges to formal election petitions filed by members. The Supreme Court held that while Article 243-O(b) governs statutory election remedies, it does not exclude judicial review under Article 226, which is a basic constitutional feature. Non-member voters, who cannot file formal election petitions, may challenge the election through writ petition. The Court affirmed that no person can be rendered remediless.

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