ASHOKAN K Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Validity of sub-rule (2) of Rule 4 of the Karnataka Panchayat Raj (Declaration of Assets by Elected Members of Taluk Panchayats and Zilla Panchayats) Rules, 2010 arises for determination in these writ petitions.

(2.) I have heard the learned Advocate General and the learned counsel appearing for the parties and perused the impugned communication dated 30.10.2013.

(3.) Sri D.N. Nanjunda Reddy, learned Senior Counsel appearing for some of the petitioners submitted that sub-rule (2) of Rule 4 of the Rules whereunder the Regional Commissioner has exercised the power to refer the matter for adjudication to the State Election Commission is ultra vires of sub-section (4) of Section 175-A of the Act and hence, the reference made under the impugned communication dated 30.10.2013 is unsustainable in law.