SHANTAMMA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Jurisdiction of the 2nd respondent-Chief Executive Officer, Zilla Panchayat, in directing the 3rd respondent-Executive Officer, Taluk Panchayat, to take immediate steps to hand over the powers and functions of the 'Adhyaksha', to the 'Upadhyaksha' of the 4th respondent-Panchayat, vide Annexure-F is in question in this writ petition. The material facts of the case are:

(2.) In the background of the said case, the 2nd respondent, on 25.05.2011, submitted a proposal under Section 48 (4) & (5) of the Karnataka Panchayat Raj Act, 1993 (for short, the Act), to the Government, to remove the petitioner from the post of Adhyaksha. Further, by making a reference to the said case and a communication dated 24.05.2011 received from the 3rd respondent and also the proposal dated 25.05.2011 submitted to the Government, the 2nd respondent having formed an opinion that, petitioner has misused the power; committed the misconduct and failed to perform the functions of the post of Adhyaksha, issued a direction to the 3rd respondent, on 13.06.2011 vide Annexure-F, to take immediate action under Section 62(3) of the Act, to handover the powers and functions of the Adhyaksha to the Upadhyaksha of the Panchayat. The validity of this direction is under challenge in this writ petition.

(3.) Sri Amresh S. Roja, Learned Advocate for the petitioner contended that: