VICE CHAIRMAN VILLAGE PANCHAYAT Vs. CHANNABASAPPA B GADDI

JUDGEMENT

(1.) This Appeal is by the Vice-Chairman of the village Panchayat, Maranbeed village, challenging the order made by the learned single Judge in Writ Petn. No. 515/82, which decision has since been reported in (1983) 2 Kant LJ 41 (Channabasappa v. Divisional Commr.). The fact necessary for the disposal of this appeal may briefly be stated as follows :-

(2.) Channabasappa Gaddi was the elected Chairman of the Village Panchayat of Maranbeed village. It is the case of the appellant that Channabasappa sent his letter of resignation resigning from the office of the Chairman, to the Assistant Commissioner, Savanur Sub-Division, on 3-8-1981. The Assistant Commissioner by his order dt. 3-8-1981, accepted the said resignation. On coming to know of the acceptance of the resignation, Channabasappa preferred a revision petition before the Divisional Commissioner, Belgaum challenging the order of the Assistant Commissioner dt. 4-9-1981. His case before the Divisional Commissioner was that he had not in fact tendered his resignation and the letter received by the Assistant Commissioner appears to be the result of fraud committed by his opponents, that he had left several blank papers duly signed by him at the office and one such paper appears to have been made use of by his opponents to type out his resignation and to send the same to the Assistant Commissioner. He, therefore, contended that he not having sent any letter of resignation written by him in his own hand the Assistant Commissioner was not right in accepting the same and declaring that the Office of the Chairman of the village Panchayat of Maranbeed has become vacant requiring the same to be filled up in accordance with law. The Divisional Commissioner made an order on 22-12-1981 dismissing the revision petition. It is in this background that Channabasappa challenged the order of the Assistant Commissioner and the Divisional Commissioner in Writ Petition No. 515 of 1982. The learned single Judge has allowed the writ petition and quashed the orders of the Assistant Commissioner and the Divisional Commissioner and also directed that the election to the Office of the Chairman which was scheduled to be held on 19-2-1983 shall automatically stand cancelled there being no vacancy in the Office of the Chairman consequent upon the decision rendered by the learned single Judge. It is the said decision of the learned single Judge that is challenged in this appeal by the Vice-Chairman of the village Panchayat.

(3.) Sri Ujjannavar, learned counsel for the appellant, formulated the following two contentions :-