S RAMEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - a Member of a Village Ulawadi Mandal Panchayat, resident of Hebbari, Chintamani Taluk of Kolar District, was duly declared at a formal election held to fill up the vacancy of Upa-Pradhan in the Ulawadi Mandal Panchayat of Chintamani Taluk on the 31st of August, 1980 - vide Annexure-B. This election became necessary because the person functioning as Upa-Pradhan had resigned and as a matter of fact Pradhan also having resigned earlier, it became necessary to fill up those posts. But for some reason election was held to the post of Upa-Pradhan - the petitioner got duly elected as could be seen from the declaration of result - Annexure-B. On this aspect of the matter there is no dispute. But, prior to the holding of the elections to fill up the post of Upa-Pradhan, the Deputy Commissioner acting under Section 45 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (hereinafter referred to as 'the Act') had appointed the Assistant Commissioner of Chickballapur to perform the functions of Pradhan and Upa-Pradhan of the said Panchayat till these new offices, viz., Pradhan and Upa-Pradhan were filled. Accordingly, the Assistant Commissioner, who is the 3rd respondent herein is running the village panchayat and discharging the duties and functions of the Pradhan and Upa-Pradhan.

(2.) The petitioner's grievance is that having been elected to the office of the Upa-Pradhan, he was entitled to act as Pradhan till such time as the post of Pradhan is filled up and in that situation-the Assistant Commissioner should not function as Pradhan and he should therefore be asked to hand over charge of the office of the Pradhan and Upa-Pradhan he has been holding under the orders of the Deputy Commissioner at Annexure-C.

(3.) Having heard the learned Government Pleader in opposition it seems to me that there is substance in the aforesaid contention of the petitioner. The provision to be noticed in this connection is Section 45 of the Act, which reads: "45. Appointment of Pradhan during vacancy in the office. During a vacancy in the office of the Pradhan, the Upa-Pradhan and when there is no Upa-Pradhan to take his place a person not below the rank of an Assistant Commissioner appointed by the Deputy Commissioner shall exercise the powers and perform the duties of the Pradhan until a Pradhan is duly elected." A plain reading of the said provision makes it clear that an Assistant Commissioner could be appointed by the Deputy Commissioner to exercise the powers and duties of the Pradhan, only till a Pradhan is duly elected, but such an appointment can be made, only if there is no Upa-Pradhan to take charge of the office of the Pradhan that had become vacant. Therefore, what is explicit in the provision is where there is only a Upa-Pradhan and no Pradhan in the village panchayat, it is the Upa-Pradhan, who must function as the Pradhan and where both offices are vacant, the Deputy Commissioner can stop in under Seclion 45 of the Act to appoint the Assistant Commissioner to hold both those offices.