CHANNABASAPPA B GADDI Vs. DIVISIONAL COMMISSIONER BELGAUM

JUDGEMENT

(1.) This Writ Petition is by Chairman of the Village Panchayat of Maranbad, Hangal Taluk, Dharwad District, He was aggrieved by an order the 2nd respondent-Assistant Commissioner, Savanur, dated 4-9-1981 accepting the purported resignation tendered by him to the Chairmanship of Panchayat of the aforementioned Village Panchayat. He, therefore, preferred a Revision Petition to the Divisional Commissioner the 1st respondent, under Section 207 of the Karnataka Village Panchayats and Local Boards Act (hereinafter referred to as 'the Act'). The Revision Petition came to be dismissed sustaining the order of the Assistant Commissioner. Therefore, the present petition under Article 226 of the Constitution seeking relief Inter alia contending that the orders of the Assistant Commissioner as well as the Divisional Commissioner suffer from errors apparent on the face of the record and also that the resignation was sent to the Assistant Commissioner by his opponents in the Panchayat making use of blank papers which he had signed in order to facilitate the routine administration of the Panchayat by the Secretary of the Panchayat in his absence.

(2.) Certain facts which are not disputed are as follows:

(3.) Rule in this case was issued an 6-1-1982 and interim stay also was granted and records were called for, Pursuant to the order made at annexure-B by the Divisional Commissioner election to the vacant office of the Chairman was a1so ordered by the Chief executive Officer who is 3rd respondent herein. The Vice-Chairman of the Panchayat is the 4th respondent as he has been asked to be in charge till the election process is over. On account of the interim stay granted on 6-1-1982.no election as such has taken place. However, on an application made by the Vice-Chairman-4th respondent, A learned single Judge of this Court, on 7-1-1983 vacated the interim stay granted solely on the ground that the letter of resignation bore the signature of the petitioner and therefore prima facie the findings of the authorities below should be accepted before deciding whether the petitioner really tendered the resignation or not. In the result elections are scheduled to be held to the office of the Chairman of the aforementioned Village Panchayat on 19-2-1983. In that circumstance, the petitioner has pressed for a decision in the main petition itself so that the controversy would be at an end.