H C YATHEESH KUMAR Vs. KARNATAKA ELECTION COMMISSION

JUDGEMENT

(1.) FATHER of the Nation Mahatma Gandhi wrote in the weekly 'harijan' as under:

(2.) AFTER independence, India became Republic in 1950 by accepting the world's biggest written constitution. The preamble of the Constitution reads as under:" we, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVERIGN socialist SECULAR DEMOCRATIC Republic and to secure to all its citizens: justice, Social, Economic and Political; liberty of thought, expression, belief, faith and workship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the Nation: in OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY adopt, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION". Under Chapter IV of our Constitution the Directive Principles of State Policy, Article 40 emphasises that the State shall take steps to organise Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-governance. Time and again the Supreme Court of India emphasised that social justice and decentralisation of powers as also the basic features of our Constitution. Pursuant to this constitutional imperative of decentralisation of powers and social justice then the Government of Mysore brought a legislation called the Mysore Village Panchayats and Local Boards Act, 1959. Under this Act of 1959 elections to the Panchayats were held during 1960 by giving due representation to women, Scheduled Caste and Scheduled Tribes, Subsequently the Government of Karnataka replaced the Act, of 1959 by a new Act called Karnataka Zilla Parishads, Taluk panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983.

(3.) REALISING the importance of local self governance units in building the nation, the law makers brought to the fore by 73rd amendment to the Indian Constitution the role of Panchayats or village Councils. By this 73rd amendment to the Constitution the excluded sections of the society were included in governance by making special provisions for Scheduled Tribes, scheduled Castes, Backward Communities and Women. The reservation to these categories is an discriminated communities to move away from discrimination and segregation. In order to achieve this object of 73rd amendment of the Constitution the Government of Karnataka legislated the Karnataka Panchayat Raj Act, 1993 (for short 'act of 1993') providing a three tyre system i. e. , Gram Panchayats, Taluk Panchayats and Zilla Panchayats. Under the Act of 1993, reservation for Scheduled Tribes, Scheduled Castes, Backward Communities and women is provided. Under the Act, of 1993 the first election was held in the year 1995 and the second election was held in 2000. The term of five years of second election will come to an end by middle of July 2005. The preparation for third term of election is on.