D V SADANANDA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner, who is a member of a legislative assembly representing Puttur Constituency and also the Deputy Leader of opposition in Karnataka Legislative Assembly has raised a contention in the Writ Petition that the Government is adopting discriminatory policy in considering the recommendations and the views of the members of the legislative assembly white appointing the members to i) Aradhana Committee ii) Committee for regularisation of unauthorised occupation of the Government land and Land Grant committee and (iii) The Land Tribunals.

(2.) WITH regard to the appointment of the members to the Land Tribunal, instructions are issued by the Government dated 11. 11,1991 at Annexure A to the Asst. Commissioners and to the Deputy commissioners laying down the guidelines to be followed by them while recommending the names of the persons to be appointed as members of the Land Tribunal and in the proposed recommendations, there should be a proposal of a name of one person at least from the category of Schedule Caste or Scheduled Tribe and one from the women quota. It is also specifically mentioned that the names of the persons so proposed should have a good integrity and efficiency for being appointed as members and it is also directed that the proposals of the names should be sent after consultation with the mlas of the respective constituencies to the Government for consideration.

(3.) IN the present petition it was contended that the names recommended by the petitioner for appointment for the aforesaid committees as per Annexures E, f and G is likely to be ignored by in the course of hearing of the case has produced Annexures F and g, where in the persons appointed for Aradhana Committee and committee for regularisation of unauthorised cultivation for Puttur taluk are not the one recommended by the petitioner. Therefore, it is strenuously contended that the appointments are made on political consideration without adhering to the guidelines as per Annexure-A and that no effective consultation of the M. L. As made while the members of the committees are appointed.