VASANTHAKUMAR SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN some of the petitions the petitioners have challenged the constitutional validity of Section 12 (j) of the Karnataka Panchayat Raj Act, 1993 (for short, 'the Act' ). Hence, I propose to deal with the contention regarding the validity of Section 12 (j) of the Act.

(2.) KARNATAKA Panchayat Raj Act, has been enacted by the State of karnataka in view of the constitutional mandate under the Constitution 73rd Amendment Act, 1992. The object of the amendments to establish a three tier Panchayat Raj system in the State with elected bodies at the grama, Taluka and District levels, in keeping with the Constitution amendment relating to Panchayats for greater participation of the people and more effective implementation of rural development programmes and to function as units of local self-Government. This Act, came into force with effect from 10-5-1993 in the State of Karnataka.

(3.) SECTION 12 of the Act provides for "disqualification for members" for being chosen and for being a member of a Grama Panchayat. The state Government has constituted expert committee under the Chairmanship of Sri P. R. Nayak, for the purpose of making suggestion for better administration and functioning of the Panchayats. The committee in the month of March 1976 submitted its report making certain suggestions. One of the suggestions of the committee reads as follows.