SHANKARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AN interesting question fells for consideration in this case. The background facts are as under:

(2.) THE 3rd respondent-Chabbi Grama Panchayat has 20 members out of which 10 are to be elected from Chabbi village and the remaining 10 to be elected from Sherewadi village. General election for the Grama Panchayat were held on 27. 02. 2005. The two petitioners herein along with 8 others were duty elected from Sherewadi village. The Election Officer issued a declaration in this regard on 01. 03. 2005. However, as regards the 10 contestants from Chabbi village, as the entire village boycotted the election, the elections could not be held. As election for the remaining 10 seats was not held, the petitioners made a representation to the Taluk panchayat, Hubli and to the Deputy Commissioner, Dharwad, requesting them to conduct elections for the remaining 10 seats of Chabbi village. The Deputy Commissioner forwarded the request of the petitioners to the State Election Commission.

(3.) IN the meanwhile, as required number of members were not elected to constitute the quorum, the Deputy Commissioner appointed an Administrator under Section 8 (3) of the Karnataka panchayat Raj Act, 1993, (for short 'the Act') to the 3rd respondent-Grama Panchayat As no steps were taken for holding election for the remaining 10 seats of the Grama Panchayat and as the Administrator appointed came to be continued, the petitioners have approached this Court seeking a direction to hold election for the remaining 10 seats of Chabbi village.