K M RAMAKRISHNE GODWA Vs. SENIOR ASSISTANT COMMISSIONER

JUDGEMENT

(1.) These Writ Petitions are before us on a Reference made by a Division Bench involving a short question of construction of the expression 'total number of members' of the Mandal Panchayat found in Section 47 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (hereinafter referred to as the Act).

(2.) All the relevant provisions of the Act and the facts of the case have been stated in extenso in the Judgments of my learned Brothers. Hence, it is unnecessary to repeat the same except to refer to the same in brief wherever necessary.

(3.) I had the privilege of perusing the separate Judgments written by my learned Brothers taking conflicting views on the second question referred to the Full Bench for consideration i.e., regarding the effective strength of the Mandal Panchayat to be considered for the purpose of Section 47 of the Act. On a consideration of the relevant provisions of the Act two views appear to be equally possible viz., the one taken by my learned Brother Bhat, J., to the effect that the meaning of the expression 'total number of members of the Mandaf Panchayat' found in Section 47 of the Act should include the entire strength of the Mandal Panchayat including the nominated members constituted under Section 5(3) of the Act. Accordingly, the proportion of membership of the Mandal Panchayat required for the written notice of intention to make the motion of no-confidence against the Pradhana or Upapradhana of the Mandal Panchayat under Sub-section (2) of Section 47 of the Act and for the purpose of determination of two-thirds of the total number of members under Section 47(9) for the motion to be carried have reference to the total membership required for the constitution of the Mandal Panchayat under Section 5 of the Act and does not refer to the existing number or members, excluding the casual vacancies. On the contrary the view taken by my learned brother Babu, J., with which I am inclined to agree is that the said expression 'total number of members of the Mandal Panchayat' under Section 47 of the Act, either for the purpose of notice calling for a special meeting or for passing a resolution against the Pradhana or Upapradhana would only mean the number of members fixed under Section 5(1) and nominated member, if any, under Section 5(3) of the Act minus the existing vacancies arising on account of death, resignation, disqualification or non-filling of the vacancies.