H R SHIVA KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS claim to be the members of the Grama Panchayat. Petitioners have approached this court praying for issue of the following writs.- (

(2.) IT appears the members of the Panchayat had expressed their lack of confidence in such a person who had been elected against the post of President having been reserved to such a category and it also appears there was only one such person and who had been automatically elected to the post and a resolution expressing lack of confidence in that person was, in fact, carried in terms of the resolution dated 9-7-2004. The post of Adhyaksha having become vacant thereafter, the Assistant Commissioner has taken action by directing the Tahsildar to take further steps in the matter and it appears the Tahsildar, Belur, has now issued the meeting notice dated 7-9-2004, copy at Annexure-G, convening the meeting of the members of the Panchayat to elect a new Adhyaksha.

(3.) IT is at this stage this writ petition is presented inter alia contending that there is only one person who is available who is a lady belonging to the Scheduled Caste Community amongst the elected members in this Panchayat and the post of Adhyaksha having again been reserved in favour of only such a person, it is inevitable that the very person who has been removed by moving the motion of no confidence will again contest the post and inevitably be elected and occupy the post of Adhyaksha in spite of all other members of the Panchayat having expressed lack of confidence against this person. It is in such circumstance the present writ petition is filed, praying for the relief referred to above.