NAGARAMGERE GRAMA PANCHAYATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, Nagaramgere Grama Panchayat has presented this writ petition through its President and other members with following prayers:

(2.) Shri. Chandrakanth R.Goulay, learned Advocate for petitioners submitted that the term of Grama Panchayat members is ending today i.e., 29th June 2020. On 24th June 2020 the Deputy Commissioner, Chitradurga, has issued an order appointing Administrators to various Grama Panchayats. Petitioners' Grama Panchayat is found at Sl.No.20. By virtue of his order, Deputy Commissioner has appointed District Welfare Officer for differently abled persons, Chitradurga, who is a Group-B Officer, as Administrator. He has been appointed for two villages namely Kaluvehalli and Nagaramgere village. Both villages are 30 kms. distant. Therefore it will not be possible for him to visit both villages every day and carry on the official functions of both Grama Panchayats. This, seriously affects the functioning of the Grama Panchayat. Therefore, it is appropriate to permit the President and other members of the Panchayat to continue to work till elections are held.

(3.) Smt. H. Vani, learned AGA opposing the petition, argued that the term of elected body of Grama Panchayat is ending today. Unless new members are elected to the Panchayat, the present members cannot carry on any official function. Panchayat has power to collect taxes, take policy decisions with regard to developmental works, grant sanction to the buildings etc., These are executive functions which require authority of law under the Karnataka Gram Swaraj and Panchayat Raj Act,1993. In view of the COVID pandemic, Government is yet to take decision with regard to elections and the same will be done as expeditiously as possible.