DHARMAPPA SABANNA MADAR Vs. CHIEF SECRETARY ZILLA PARISHAD

JUDGEMENT

(1.) the petitioners are aggrieved by the order dated 27-1-1988 passed by the chief secretary, zilla farishad, disqualifying them from the membership of the mandal panchayat, murnal, bagalkot taluk, bijapur district.

(2.) few facts are necessary to be stated for the purpose of determination of the issues involved in these writ petitions.

(3.) the petitioners are members of the murnal mandal panchayat, taluka galkot, district bijapur, and that they are duly elected members is not in dispute. They belonged to janata party and they were elected on janata party tickets as members of the mandal panchayat. On 30-12-1987, an ordinary meeting of the mandal panchayat was convened and the petitioners participated in the meeting. At the meeting, the petitioners opposed the confirmation of the resolution passed in item10 of the previous meeting of the panchayat and further when the resolution was put to vote the petitioners opposed the resolution whereas seven members of the same party voted in favour of the resolution. It is also stated that the petitioners voted against the resolution along with one congress-i member and one b.j.p. member besides two independent members. The petitioners do not dispute that they voted against the resolution or they opposed the confirmation of the minutes of the earlier proceedings relating to item-10 in the agenda. But their case is that there was no direction or party whip by the janata party and that they had no reasonable opportunity to put forth their case before the authority which passed the impugned order disqualifying them and that no time was granted at the time of hearing to produce the documents and also to lead oral evidence.