CHOWDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) LEARNED counsel for the petitioner has filed a memo praying for permission to delete petitioners 2 to 14 from the array of the petitioners. Permitted. Counsel to carry out corrections deleting petitioners 2 to 14.

(2.) THE grievance of the petitioner who claims to be a member of Kaidale Gram Panchayat is that the 6threspondent who was a President of Adhyaksha (Dic) of this Panchayat earlier had been removed by passing a no confidence motion and in the subsequent elections notified for electing a President, the post is yet again reserved in favour of a person belonging to Scheduled Tribe woman in which event the 6threspondent notwithstanding loss of confidence of the members of the Panchayat earlier, is again tipped to return to the post of Adhyaksha.

(3.) SRI Chandrashekhar, learned counsel for the petitioner submits that if it is allowed, it only amounts to a mockery of the democratic system, that the will of the members is negatived and an unwilling Adhyaksha is imposed on them. Learned counsel submits that under the circumstances, it should either be held that the post is not reserved during this election or that the 6threspondent having once been removed by motion of no confidence incurs a disqualification which attaches to a person in terms of Section 48 of the Karnataka Panchayatraj Act, 1993.