JAYAMOOLYA Vs. ASSISTANT COMMISSIONER MANGALORE SUB DIVISION

JUDGEMENT

(1.) THE petitioner, aggrieved by the order dated 26-3-2002 (Annexure-A), passed by the 1st respondent-Assistant Commissioner is before this court seeking a writ of certiorari for quashing the said order dated 26-3-2002 (Annexure-A) and for a writ of mandamus directing the respondents to continue the petitioner as a member of the 2nd respondentgram Panchayat.

(2.) HEARD the learned Counsel for the petitioner as well as Mr. H. B. Mahesh, the learned Government Pleader for the 1st respondent.

(3.) PURSUANT to the direction issued by this Court, the 1st respondentassistant Commissioner is also present in person along with the original records. The issue involved in this writ petition is whether the seat of an elected member will become vacant if he is absent for more than three consecutive ordinary meetings of the Gram Panchayat without the leave of the Gram Panchayat. In the present case, admittedly, three ordinary meetings were held on 9-10-2001, 20-11-2001 and 24-12-2001 and the petitioner did not attend the said ordinary meetings. The 1st respondent has issued a notice dated 14-3-2002 (Annexure-D) directing the petitioner to show cause as to why his membership should not be cancelled. With reference to the said show-cause notice dated 14-3-2002, the petitioner has sent a reply dated 23-3-2002. In the said reply, at paragraph 3, the petitioner has stated that he did not attend the ordinary meetings dated 9-10-2001 and 20-11-2001. However, he had attended the meeting held on 29-11-2001 despite his ill-health. Further, he has also stated that he could not attend the meetings held on 24-12-2001 and 16-2-2002 as his health condition had further deteriorated. He has also enclosed a medical Certificate to that effect.