BASAPPA SIDDANAHADLI Vs. KOTRAMMA

JUDGEMENT

(1.) in this writ appeal, an interesting question of law relating to the manner in which the results of an election to a mandal panchayat should be declared in respect of a triple member constituency in which one seat is reserved for scheduled caste and scheduled tribe and one seat is reserved for women belonging to scheduled caste and scheduled tribe and the third is the general seat.

(2.) the mandal panchayat is a localgovernment constituted under the Karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats Act, 1983 ('the act' for short). Section 4 of the act provides for declaration of mandal and establishment of mandal panchayats. Section 5 provides Constitution of mandal panchayat. The relevant portion of sub-sections (1), (2) and (4) of Section 5 reads thus : "

(3.) in accordance with the Provisionsof the Act, the mandal panchayat for toolahalli group village in kudligi taluk, bellary district was constituted. There is no dispute that in respect of constituency No. 1 of mandal panchayat one seat was reserved for persons belonging to S.C. & s.t. and one seat was reserved for women and the third seat was a general seat. At the election, two persons filed nominations for the general seat and four persons belonging to scheduled castes and scheduled tribes filed nominations and out of them two were women. After the election was held, and the votes were counted, it was found that the six candidates had secured votes as follows: <FRM>JUDGEMENT_490_KANTLJ2_1990Html1.htm</FRM>