M MUNIVENKATAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) APPELLANT is before us challenging the order passed in the W. P. Nos. 51319 and 51320 of 2003, dated 24-5-2004 in this appeal.

(2.) KOTHANUR Village Panchayat comprises of Kothanur Village, Raghavanapalya, Jambusavari dinne, Ashraya Colony, Harinagara and Vaddarapalya. The Kothanur Village comprises of survey Nos. 1 to 80 measuring in all 1214 acres 37 guntas, Raghavanapalya Village comprises of Sy, Nos. 1 to 37 measuring about 127 acres 33 guntas. The other two villages namely jambusavari Dinne and Ashraya Colony do not have any agricultural lands annexed to them. Respondent 6-Panchayat comes under the Bangalore District Zilla Panchayat, Elections to the 6th respondent-Panchayat were held in February 2000. The term of the elected body of the sixth respondent is entitled to continue till the term of 5 years is complete. By virtue of the order dated 18-11-2003 passed by the 4th respondent, the term provided to the elected body of the 6th respondent Panchayat is being illegally curtailed and taken away. It is the constitutional goal and scheme that democracy should percolate to the gross root level and the administration should be carried on by democratically elected bodies.

(3.) THE appellant is a resident of Vaddarapalya and belongs to scheduled caste by birth. Appellant was elected as member of Kothanur Village Panchayat in the general election held on 29-2-2000. He served the society as a member of Kothanur Village Panchayat till he was elected as adhyaksha on 26-12-2002. On 7-9-2002, respondent 3 issued a notification about the reservation of seats to the post of Adhyaksha and Upadhyaksha in the respective Panchayat. In terms of annexure-E, the post of Adhyaksha was reserved in the 6th respondent-Panchayat for the scheduled Caste and Upadhyaksha for the General Category. Elections were held in the office of the 6th respondent on 26-12-2002 and the appellant was declared elected as Adhyaksha and took charge on the same day in the presence of the Special Tahsildar. Subsequent to the election, the adhyaksha of the Kothanur Village Panchayat has evinced lot of interest and improved the village to the best of his ability, honesty, sincerity and hard working in terms of the Rules. He is entitled to continue in the office of Adhyaksha for a period of 27 months from the date of his election i. e. , 26-12-2002. Appellant came to know that the third respondent has passed an order on 17-11-2003 and directed the fourth respondent to transfer all records of the 6th respondent-Panchayat to 5th respondent in terms of Annexures-F and G. Appellant initially challenged the action of the respondents 1 to 4 in interfering, with the affairs of the 6th respondent by issuing Annexures-F and G by taking away the records of Village Panchayat and handing over the same to the Bommanahalli Town Municipal Council, respondent 5. The Deputy commissioner at the behest of the political bodies/had sent an order dated 17-11-2003 and immediate action was taken by the Chief Executive Officer, Bangalore Zilla Panchayat, respondent 4 on 18-11-2003. Thereafter appellant received a notification dated 28-10-2003. From a perusal of the notification dated 28-10-2003, it is seen that the second respondent has issued a notification on 11-6-2002 under the Karnataka Municipalities Act, 1964 calling for objections if any to transfer the area in regard to the Kothanur Village Panchayat i. e. , to the bommanahalli Town Municipal Council, respondent 5. The notification dated 28-10-2003 issued under Section 3 read with Section 4 (1) (a) of the Karnataka Municipalities Act, 1964 shows that the inclusion of the Schedule A properties and boundaries more fully described in B Schedule. From a perusal of Schedule A it is clear that the Village Kothanur has been included in Schedule a but it does not say anything about Raghavanapalya though it is a part of Kothanur Village panchayat. Further Raghavanapalya is included in the areas to be transferred to Bommanahalli town Municipal Council in the Schedule B, Therefore the notification dated 28-10-2003 produced as Annexure-J is very clear and Raghavanapalya is excluded, while including kothanur Village in Schedule B limits. Pursuant to the notification the Deputy Commissioner has directed the Chief Executive Officer to transfer the villages namely Konanakunte, chunchanakatte, Kothanur, Sarakki, Agrahara Village to Bommanahalli Town Municipal council. Pursuant to the notification the Deputy Commissioner has directed the Chief Executive officer to transfer the villages to Bommanahalli Town Municipal Council. Action thereafter was taken. According to the appellant the entire attempt by the State Government is to create confusion in regard to the continuance of the Kothanur Village Panchayat in the matter. Aggrieved by the orders and directions petitioners filed writ petitions in this Court. Respondents 6 to 13 came on record out of which respondent 12 was a defeated candidate in the election held on 26-12-2002 for the post of Vice-President. Respondent 7 lost the election. Respondents 7 to 12 instigated respondents 8 to 13 to implead themselves as respondents in the matter. Respondents 14 to 20 came on record. Respondents 20 to 24 again filed applications to come on record. After hearing the learned Single Judge dismissed the petition in terms of the impugned order. The said order is challenged in this appeal.