H.R. GANGADHARA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned High Court Government Pleader takes notice for respondents No.1 to 4. Notice to respondent No.5 is not necessary for the following reasons; The petitioner, who is not a member of the Masavanaghatta Grama Panchayat, Tipatur Taluk, Tumakur District, seems to be aggrieved of the impugned meeting notice dtd. 6/7/2020 at Annexure-D.

(2.) Learned Additional Advocate General, appearing for the respondent-State Government and the Deputy Commissioner-cum-District Election Officer, submits that the petitioner has no locus standi to have filed this writ petition, since admittedly, the petitioner is not a member of the Grama Panchayat. Notifications have been issued by the Deputy Commissioner-cum-District Election Officer, assigning reservation to the post of Adhyaksha and Upadhyaksha of the Grama Panchayats so that the elections could be held. Accordingly, the impugned meeting notice dtd. 6/7/2023 has been issued to hold the elections on 19/7/2023.

(3.) On hearing the learned Counsel for the petitioner and learned Additional Advocate General, this Court finds that the grievance of the petitioner is that respondent No.5 herein, who is a member of the Grama Panchayat is the only member elected from the Scheduled Caste category. The post of Adhyaksha of the Grama Panchyat is reserved for Scheduled Caste (Woman) and therefore, respondent No.5 will be automatically elected, since there can be no other person to oppose the candidature. However, respondent No.5 is alleged to have been working elsewhere and has been earning a salary and therefore, she is disqualified to continue as a member of the Grama Panchayat in terms of Sec. 12(g) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. However, admittedly, no such order of disqualification is passed by the competent authority. Therefore, if the petitioner seeks to invoke the said provision, the petitioner is required to lodge a complaint to the competent authority.