(1.) IN this writ petition preferred by the constituents of the Sadali Gram Panchayat the prayer is to quash the proceedings of the meeting con- ducted on 22-9-2001 by the Tahsildar, third respondent, in which the sixth respondent was unanimously elected as Adhyaksha of the panchayat.
(2.) 'the main grievance of the petitioners in this petition is that, the meeting conducted by the third respondent, prescribed officer, in which the sixth respondent was unanimously elected lacked the quorum re-quired for such a meeting as prescribed under Section 53 (1) of the Karnataka Panchayat Raj Act, 1993 ('the Act' for short ). The Gram panchayat of Sadali consists of 14 elected members. Respondent 5 was the Adhyaksha of the said Gram Panchayat. She submitted her resignation to the post of Adhyaksha on 21-8-2001 to the second respondent. Consequently, the second respondent, Assistant Commissioner, chikkaballapur, Sub-Division, Chikkaballapur, Kolar District issued the notification dated 31-8-2001 as per Section 48 (3) of the Act. In pursuance of the vacancy of the post of Adhyaksha the second respondent issued notification dated 10-9-2001 fixing the calendar of events. According to the calendar of events, the meeting of Gram Panchayat was seheduled to be held on 22-9-2001 at 12-30 p. m. in the headquarters of gram Panchayat, Sadali. The notification dated 10-9-2001 to that effect was issued as per Annexure-B. As per the notification Annexure-B, the filing of nomination, scrutiny, withdrawal and election had been fixed on 22 9-2001 between 11 a. m. to 1. 30 p. m. Respondent 6 alone had filed the nomination. On the date of the meeting i. e. , 22-9-2001 only four mem-bers respondents 4 to 7, were present and in the meeting respondent 6 was unanimously elected as the Adhyaksha. The petitioners contend that the number of members present at the meeting falls short of the required l/3rd quorum of the total strength ot the Sadali Panchayat which is 14. Hence, the present petition for the relief aforestated.
(3.) I have heard the learned Counsels on both sides.