C NARAYANASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are by a few of the Adhyakshas and Upadhyakshas of Zilla Parishads challenging the validity of the Karnataka Ordinance No. 2 of 1991 promulgated on lst February, 1991. By this Ordinance Sec. 167 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (for short, 'the Act') was amended by deleting the words "not less than two-thirds of" found in sub-section(3) thereof. By this amendment the Adhyakshas and Upadhyakshas of Zilla Parishads could be removed by a resolution passed by a simple majority of the members instead of the earlier requirement of two-thirds majority.

(2.) The Act was enacted in the year 1983, but it was enforced in the year 1985. Various local governments were constituted under the Act such as Mandal Panchayats (for the villages), Taluk Panchayat Samithis at the Taluk level and Zilla Parishads for the District level, excepting the areas covered by the Town Municipalities and City Corporations. The members of the Zilla Parishad are substantially elected by the voters directly. However, members of the State Legislature are also treated as members. The members of the Zilla Parishad elect the Adhyaksha and Upadhyakshas. The election is based on the highest polled amongst the candidates, who contest for the office of Adhyaksha and Upadhyaksha. They are to be the members of the concerned Zilla Parishad Section 168 of the Act states that Adhyaksha shall be the executive head of the Zilla Parishad and shall perform all the duties imposed and exercise the powers conferred on the Adhyakasha under the Act and the Rules made thereunder. Sec.169 enumerates the powers of Upadhyaksha. As per S. 170 the Zilla Parishad shall hold a meeting at least once in every month. The Zilla Parishad has considerable powers in the matter of administering welfare legislations and its functions are enumerated in Chapter IX of the Act. There is a Chief Secretary to the Zilla Parishad, who shall be an officer not below the rank of a Dy. Commissioner. There were various other officers attached to the Zilla Parishad.

(3.) Under S. 167 provision is made for the resignation or removal of Adhyaksha and Upadhyakasha. This includes a power in the government to remove an Adhyaksha or Upadhyaksha from his office for misconduct in the discharge of the duties etc., after affording an opportunity to the concerned office holder. On such removal, the person shall not be eligible for re-election during the term of office of the members of such Zilla Parishad. Under sub-section (3) of S.167 these office holders are deemed to have vacated the office forthwith if a resolution expressing want of confidence is passed by a majority of not less than two-thirds of the total number of members of the Zilla Parishad at a meeting specially convened for the purpose. It is this requirement of two-thirds is now altered to make it a simple majority.