H. MURTHY Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned AGA for respondents -1 and 2. None appears for respondents -3 and 4, though served.

(2.) THESE petitions impugn the notification dated 5.7.2014 issued by the 1st respondent under Section 8 of the Karnataka Grama Panchayat Raj Act 1993 (for short the "Act") whereby, respondent No. 4 has been appointed as Administrator in view of the fact that number of elected members of Grama Panchayat was reduced to less than 2/3 of the total number of members. Kunjooru village Panchayat had 17 elected members at the relevant time, out of which nine members resigned on 20th June 2014. Out of the nine, resignations of two members were rejected. In other words, resignations tendered by 7 members were accepted by the President. Thus, the number of members of the Grama Panchayat reduced to 10 i.e., less than two third of the total of 17. Since the number of members of the Grama Panchayat reduced to less than 2/3 the impugned notification has been issued.

(3.) SECTION 43 provides that a member of a Grama Panchayat may resign his membership in writing under his hand addressed to the Adyaksha and his seat shall become vacant on the expiry of 15 days from the date of receipt of such resignation. Resignations, in the instant petition, were tendered by all 7 members on 20th June 2014 and the resignations were accepted in the meeting held on 5 -7 -2014. These two dates clearly show that the resignations were accepted on expiry of 15 days. Thus, the first ground of challenge must be rejected. Order accordingly.