KASHIPATHI Vs. RAJUGOUDA

JUDGEMENT

(1.) Aggrieved by the order passed by the learned Single Judge in Writ Petition No.202034/2019 dated 09.12.2019, whereby the learned Single Judge allowed the writ petition filed by the 1st respondent herein setting aside the order of acceptance of resignation of the 1st respondent as Adhyaksha of Yelagod Gram Panchayat. The appellant who was not a party before the learned Single Judge has sought permission to prosecute the instant appeal claiming that the order of the learned Single Judge would take away his rights.

(2.) Shorn of unnecessary details, facts material for adjudication of the instant appeal are as follows: The 1st respondent was elected as a member of the Gram Panchayath, Yalagod. He was thereafter elected to the post of Adhyaksha to the Yalagod Gram Panchayath, on 23.05.2017. On 08.03.2019, the 1st respondent resigned from the post of Adhyaksha of the Gram Panchayath, Yalagod by tendering his resignation in writing to the competent authority in terms of Section 48 of the Karnataka Graham Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as the 'Act' for short). Since the 1st respondent did not withdraw his resignation even after completion of 10 days of its submission, the jurisdictional Assistant Commissioner, on 18.3.2019, conducted an inquiry as required under Section 48 of the Act and verified as to whether the resignation of the 1st respondent was voluntary or was pressure, coercive. It transpires, that in the said inquiry, the Assistant Commissioner recorded the statement of 1st respondent and concluded that the resignation tendered by him was voluntary and forwarded the report of such inquiry made under Section 48 of the Act for further action to the Deputy Commissioner, Vijayapura.

(3.) On the expiry of 10 days from the date of resignation of the 1st respondent, the post of Adhyaksha of the Gram Panchayat, Yelagod was declared to be vacant and the jurisdictional Deputy Commissioner appointed the Executive Officer, Taluk Panchayath, Sindagi to be the Returning officer for the conduct of election to the post of Adhyaksha, the post that the 1st respondent was earlier holding. On such appointment, the Taluka Executive Officer notified calendar of events on 01.04.2019 fixing the election on 09.04.2019. This was immediately withdrawn by the Deputy Commissioner on 02.04.2019 as a consequence thereof, the order of appointment of the Returning Officer was also withdrawn.