CHANDRASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE question for consideration in these writ petitions is whether the expression ' writing under his hand' occurring in Section 48(1) of the Karnataka Panchayathraj Act, 1993 (for short 'The Act s conveying he meaning that the letter of resignation by the Adhyaksha or the Upadhyaksha of the Grama Panchayath should be in their own hand writing?

(2.) THE necessary facts for disposal of these writ petitions may be briefly stated as follows: The petitioners were elected as the members of he Grama Panchayath, Sungathan from their respective constitutencies in the election held on 17.5.2010. The office of Adhyaksha and the Upadhyaksha of the Grama Panchayath was reserved for General Merit and Scheduled Caste (woman) categories respectively. The petitioners were elected as the Adhyaksha and the Upadhyaksha of the Grama Panchayath respectively. It is the case of the petitioners that they have not tendered their resignations and the letters received by the Assistant Commissioner appears to be the result of fraud committed by their opponents. The petitioners have produced copies of the said letters dated 22.8.2011 at Annexures 'D' and 'E' respectively. It is further contended that without following the procedure contemplated in Section 48(4) of the Act, the third respondent has accepted the resignations as per the order at Annexure 'F' dated 2.9.2011 and directed the 4th respondent to exercise the powers and perform the duties of the Adhyaksha and Upadhyaksha until they are newly elected. On the basis of the order of the second respondent, 4th respondent has issued calendar of events to hold the election to the office of the Adhyaksha and the Upadhyaksha as per Annexure'G'. Therefore, the petitioners have filed these writ petitions seeking the following reliefs:

(3.) THE undisputed facts are that the petitioners were elected as the members of the Grama Panchayath in the election held on 17.5.2010 for a period of 30 months. It is also not disputed that the letter at Annexure 'D' contains the signature of the first petitioner and the letter at Annexure 'E' contains the left hand thumb impression of the second petitioner. Section 46 of the Act provides for term of office and conditions of service of Adhyaksha and Upadhyaksha. The term of office of every Adhyaksha and every Upadhyaksha of the Grama Panchayath is 30 months from the date of his election or till he ceases to be a member of the Grama Panchayath, which ever is earlier. Section 48 of the Act provides for resignation or removal of Adhyaksha or Upadhyaksha. Sub-sections (1) and (3) of Section 48 arc elevant for the purpose of these cases, which are as under: