TALUK PANCHAYATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ). BY this petition, the petitioner has sought the following reliefs :-

(2.) THE facts of the case in brief are that the petitioner-Chairman of the Taluk Panchayath in the district of Shimoga has filed this writ petition with allegation to the effect that the petitioner and respondent No. 2 i. e. , Zilla Panchayath, Shimoga have got some powers and duties and they have got separate activities, power and schemes to discharge the object of the Karnataka Panchayath Raj Act, 1993. According to the petitioner's case, Zilla Panchayath and Taluk Panchayath and Gram Panchayath discharge their functions in their respective fields in exercise of powers under S. 312 of the Karnataka Panchayat Raj Act, 1993. According to the petitioner's, respondent No. 1 issued a notification on 16-7-1994 and as per the notification the list of activities and programmes and the schemes have been added to Schedules-II and III respectively and at item No. 13. XX Women and child development programmes etc. , have been added to Schedule II relating to the functions of Taluk Panchayath. The petitioner's case is that in view of this amendment, the petitioner made several requests to respondent No. 2 - Zilla Panchayath not to distribute food articles to Anganavadi centres as they have no power to do so. but, in spite thereof, the respondent No. 2 - Zilla Panchayath in their meeting held on 12-3-1998 resolved to distribute food articles to Anganavadi centres by them through differ-ent Taluk societies in Shimoga District. It was further resolved by the General Body Meeting of the respondent No. 2 that in spite of petitioner's objection, they will implement the same. The petitioner's case in view of notification Annexure-A is that the petitioner Taluk Panchayath has got power to appoint agent to distribute food articles to Anganavadi Centres in Sorab Taluk and they passed a resolution appointing respondent No. 4 as its agent. It is also been resolved by resolution dated 23-3-1998 that since Zilla Panchayath interferes with the functions of the petitioner - Taluk Panchayath, the Chairman of the Taluk Panchayath shall seek a redressal in Court of law. So, the petitioner has filed this petition under Articles 226 of the Constitution of India challenging Annexure-B dated 12-3-1998 as well as the other resolution No. 3 (a) dated 17-3-1998 passed by respondent No. 2-Zilla Panchayath.

(3.) NOTICE had been issued and on behalf of respondent No. 2, the statement of objections has been filed.