R VENKATEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) as vital questions of national importance concerning the necessity of always maintaining the democratic character of local self-governments arise for consideration in this writ petition presented by 15 citizens/voters, who are residing in various villages situate in different districts of the state aggrieved by the indefinite postponement of election to all the zilla parishads in the state, inter alia, praying for the issue of a writ of mandamus to hold elections to those bodies in accordance with the legislative mandate incorporated in the Karnataka zilla parishads, taluk panchayat samitliis, mandal panchayats and nyaya panchayals acts, 1983 ('the act' for short), the same has been referred to division bench under Section 9 of the Karnataka High Court Act.

(2.) the brief facts, circumstances and statutory Provisions, which have given rise to the petition, are these:

(3.) in accordance with the mandate of the Act, elections were held for the first time in December 1986 and the zilla parishads were constituted some time in January 1987. Under Section 160 of the Act, the term of office of the elected members is five years. Hence the fact that the term of office of elected members of zilla parishad was due to expire in January 1992 was known to all. The petitioners knew that there was no visible action on the part of the respondents to hold election. They kept quiet. The elected members also kept quiet, obviously under the hope of getting the benefit of an order of the government made under Section 160 proviso extending their term by six months. They were perhaps sure of getting their term extended as there was no provision for appointment of an administrator. It is only when they came to know that the government had made up its mind not to hold elections and also not to extend their term of office, they and others rushed to this court with writ petitions. But as we point out in the succeeding paragraphs, it was too late. ...