DIWAKAR A KUNDER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I .A.No. 1/2013 is filed by Sri Upendra Nayak, one of the elected members of the Udupi Zilla Panchayat. There is no opposition to the said application. Accordingly, I.A.No.1/2013 is allowed. The applicant is permitted to be impleaded as respondent No.3 to the petition. Amendment be carried out forthwith.

(2.) THE petitioner is assailing the action of respondent No.2 in issuing the notice dated 21.12.2012 convening the meeting for the election to the post of Adhyaksha and Upadhyaksha of the Udupi Zilla Panchayat by scheduling the meeting to be held on 04.01.2013 at 11a.m.

(3.) IN that regard, Sri Shashikiran Shetty, learned Counsel would contend that as on the date when the meeting had been convened earlier i.e., on 04.10.2012, only nine members were present in the said meeting which was also the position when it was adjourned for want of quorum. Therefore, the direction issued by this Court to continue from Rule 3(c) stage would mean that the said nine members only would be entitled to participate in the meeting to be convened. It is therefore contended by the learned Counsel for the petitioner that the impugned notice issued to all the members is contrary to the direction issued by this Court and by such action, respondent No.2 has enlarged scope of consideration for elections to the post of Adhyakaha and Upadhyaksha by altering the situation of Rule 3(c) stage which existed at the earlier instance when the meeting was postponed and had been directed by this Court to continue from the said stage.