BUTALEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner herein who is the elected member of Aheri Gram Panchayat, Vijayapura Taluk, has filed the instant writ petition with a prayer to quash the notice dtd. 9/6/2022 at Annexure-C issued by respondent no.3.

(2.) Heard the learned Counsel for the petitioner and the learned Counsel appearing for the respondents.

(3.) It is the case of the petitioner that the impugned notice has been issued by respondent no.3 for the purpose of holding election to the posts of Adhyaksha and Upadhyaksha of the Gram Panchayat and respondent no.3 has issued the impugned notice without compliance of the requirement of Rule 4(1) of the Karnataka Gram Panchayat (Election of Adhyaksha and Upadhyaksha) Rules, 1994 (for short, 'the Rules'). It is the specific case of the petitioner that prior to fixing the date of election, respondent no.3 ought to have held a preliminary general body meeting of all the elected members of the Gram Panchayat to fix the date of election to the post of Adhyaksh and Upadhyaksha of the Gram Panchayat and only after holding such a preliminary meeting, the date of election was required to be fixed. It is his case that Rule 4(1) of the Rules has not been complied in this case.