KRISHNAPPA S Vs. DIVISIONAL COMMISSIONER MYSORE

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioners have challenged the Notfn. No. VPC MSC 126/81-82 dt. 18 6 1982 (Annexure-B) issued by the Deputy Commissioner, Mandya Dist., Mandya (hereinafter referred to as the DC).

(2.) Prior to 26 11 1981, the Revenue Villages of Annur, Albujanahalli, Karkahalli, Devarahalli and Mellahalli of Maddur Taluk, Mandya Dist. formed part of either Manigers or Annur Group Village Panchayats constituted and functioning under the provisions of the Kar. Village Panchayats and Local Boards Act, 1959 (hereinafter referred to as 'the Act'). In Notfn. No VPC CR 56/81 82 dt. 3-12-1981 the Divisional Commissioner, Mysore (hereinafter referred to as 'the Commissioner') exetching the powers conferred on him by the Act proposed to constitute the the said revenue villages into a separate Town Peacnayac called Bharathinagar Towa Panchayat (hereinafter referred to as 'the Panchayat') with head quarters at Kalamuddanadoddi and called for represensations and objections to the same. On a consideration of the representation and objections filed thereto, the Commissioner in his Notfn, No. VPC CR 56/81 82 dt. 18-1-1982 (published in Kar. Gazette dt. 4-2-1982) approved his earlier proposal and established a new Town Panchayat consisting of the said villages.

(3.) On a suggestion made by the DC on 25-2-1982 the Commissioner by his Notfn. No. VPC CR 56/81 82, dt. 13 4 1982 (Annexure A) appointed the Block Development Officer, Maddur Taluk (hereinafter referred to as 'the BDO') as the Administrator of the Pancheyat for a period of one year or till elections are held whichever is earlier. On the issue of the Notfn. the BDO assumed charge as the Administrator of the Panchayat and was discharging his duties thereto.