BASTAV DUMMING Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners, learned Principal Government Advocate and the learned counsel appearing for the respondents.

(2.) In the lead petitions, the brief facts are that petitioner No.1 was elected as a Member of the 5 t h respondent-Gram Panchayath in the year 2010, that thereafter, he was elected as President of the Panchayath and thereafter was again re-elected in the year 2015. Similarly, the 2 n d petitioner was also elected for the first time in the year 2010 and again was re-elected in the year 2015 and during the second term, the 2 n d petitioner was elected and has served as the Vice-President. In the connected writ petition, the sole petitioner was elected for the first time in the year 2004-2005 and thereafter, has been consecutively successful in the elections held in 2010 and 2015 and as on the date of the impugned orders, all the three petitioners were sitting members of their respective Gram Panchayaths.

(3.) The nature of allegations in respect of the two petitioners in the lead petition is that the Gram Panchayath by resolution dated 06.11.2001 was pleased to grant permission to one of the residents to put up construction in Sy.No.223B measuring 0-1-12 guntas of Chandavar village. Subsequently, permission came to be granted and construction was completed. That in the year 2014, the said resident sought permission to put up first floor of the existing building and the when the matter was taken up, the Council was informed that clearance from Public Works Department was not received. The Council taking note of the delay in effecting its opinion, by the PWD, proceeded by unanimous resolution to grant sanction. Consequently, licence fee etc., have been collected and building permission was issued.