DASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The two petitioners in these two writ petitions and respondents 3 to 18 were elected as members of 'Nelavagilu Grama Panchayat' held on 29-12-1993. By Annexure 'A' notice dated 2-3-1994 the 2nd respondent the prescribed officer (Returning Officer) under the Karnataka Panchayat Raj Act fixed the election of the President and Vice-President of the panchayat at 3-00 p.m. on 9-3-1994. By Annexure 'B' order and Annexure 'C' notification the meeting was postponed to 19-3-1994 at 3-00 p.m. at Nelavagilu Higher Primary School. The 1st petitioner filed nomination to contest the post of President and the 2nd petitioner filed her nomination to contest for the post of Vice-President in the above panchayat. The other 2 contestants for the 2 posts were respondents 3 and 4 respectively.

(2.) The 2nd respondent reached the place of election and except the 11th respondent, all the other 17 members were present. But the 2nd respondent tried to postpone the election meeting on the ground that some miscreants waylaid him on his way to the venue of the election and the nomination papers filed by the contestants were taken away. However since the majority of the members were present and election process had already started there was no impediment in proceeding with the election. Accordingly the 2nd respondent proceeded with the election in which the 1st petitioner was supported by 9 members for the post of President and the same 9 members supported the candidature of 2nd petitioner as Vice-President. Accordingly, petitioners 1 and 2 were declared elected to the post of President and Vice-President respectively. The above proceedings were recorded and the attendance sheet also was prepared by the 2nd respondent immediately. The above proceedings are produced as Annexure 'E' (the same was produced as Annexure 'R1' along with the objections of respondents 1 and 2). The results of the election were announced in the newspapers also.

(3.) The Tahsildar, Hoskote Taluk on 21-3-1994 published the list of the Presidents and Vice-Presidents who were duly elected in the various panchayats in his taluk (Annexure 'F') on 18th and 19th of March, 1994. The two petitioners are shown to have been elected for the above 2 offices in the Panchayat in question. Various revenue authorities also have treated the petitioners as President and Vice-President of the panchayat in various communications.