M C PUTTASWAMY Vs. ASST COMMR TARIKERE

JUDGEMENT

(1.) This Writ Petition is listed under 'B' group for hearing.

(2.) The petitioners, five in number, in this writ petition under Art 226 and 227 of the Constitution have challenged the validity and legality of Annexure-A dated 20-5-1980, an order passed by the I respondent Assistant Commissioner, Tarikere Sub-Division, granting an interim order of stay, staying the further proceedings of the Village Panchayat of Muthanagere Village in Kadur Taluk of Chickmagalur Disitrict, and also to show cause for holding the meeting on 1-5-1980 in spite of receipt of stay order from his Courit.

(3.) A few facts relevant, for the consideration of the points canvassed before me are as follows: The 1st petitioner is the chairman and petitioners 2 to 5 are some of the members of the Village Panchayat Muthanagere, which will be hereinafter referred to as thes Panchayat. Respondents 2 to 6 are also the members of the Panchayat/. One Parameshwarappa is the Vice Chairman of the Panchayat. Respondents 2 to 6 made an application before the 1st respondent adducing certain allegations against the panchayat among which one of the allegations was that a meeting of the Panchayat was proposed to be convened on 1-5-80, which was contrary to the provisions of sub-section (3) of S. 36 of the Karnataka Village Panchayats and Local Boards Act, 1959 (for short 'the Act') . The 1st respondent entertained that application in case No. R.A. Mis. 1180-81. The Isf; respondent made an ex parle interim order staying the holding of the meeting proposed to be held on 1-5-80 as per the order dated 30-4-1980. It appears that the Panchayat held its meeting on 1-5-1980 as scheduled. That fact was brought to the notice of the 1st respondent whoi, made another order dated 20-5-80 at Annexure-A which reads as follows: