SUBASH H. N. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard.

(2.) The petitioners have challenged the impugned order dated 30th November, 2020 produced at Annexure-K passed by the Respondent No.2 with regard to holding election for Grama Panchayat, Devasugur village, Raichur Taluk and District, along with consequential relief of direction to the Respondent-State to consider the case of the petitioners for upgrading Devasugur Grama Panchayat as Devasugur Town Panchayat as per letter Annexure-E dated 05.09.2020; and as per letter Annexure-F dated 23rd October, 2020.

(3.) It is the case of the petitioners that they are the ExMembers of Devasugur Grama Panchayat as well as Taluk Panchayat Members of Devasugur, consisting of 38 elected Members and total population of Devasugur Gram Panchayat is about 23,000 as per 2011 Census and now the population exceed 35,000. It is further stated in the writ petition that in order to constitute a Town Panchayat under Karnataka Municipalities Act, 1964 (for short, hereinafter referred to as 'Act'), minimum population would be 10,000 and above. It is further averred in the writ petition that Devasugur Gram Panchayat has passed resolution on 20th August, 2019 to upgrade the Gram Panchayat to be Town Panchayat as per Annexure-A and same was forwarded to the Taluk Panchayat, Raichur and in pursuance of the same, the Taluk Panchayat has addressed letter to the Zilla Pancyayat Raichur on 04th September, 2020 stating that the population of Devasugur Grama Panchayat is more than 23,000 and therefore, same has to be upgraded as Town Panchayat. In this connection, the Zilla Panchayat by its letter dated 05th September, 2020, addressed letter to the Deputy Commissioner, Raichur for upgradation of the Devasugur Grama Panchayat as Town Panchayat as per Annexure-E. In response to the same, the third respondent has addressed letter dated 23rd October, 2020 to the Director of Municipal Administration-fifth respondent herein for necessary orders. However, same has not been considered. It is further stated in the writ petition that, in an identical circumstance, the Government has issued Notification dated 23rd June, 2015 in respect of Balaganur Pattana Panchayat as per Annexure-J, declaring it as Town Panchayat area of Balaganur. It is further stated that as the second respondent herein has issued the calendar of events on 30th November, 2020, the petitioners as well as the villagers of Devasugur Gram Panchayat are being aggrieved for not having upgraded Devasugur Gram Panchayat as Devasugur Town Panchayat. Hence, this Writ petition.