SMT. BASAMMA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner on being elected as a member of the fourth respondent Gram Panchayat on 17.02.2013, successfully contested the election to the office of President of the said Gram Panchayat, on 07.06.2013. The State Government amended Sec. 46 of the Karnataka Panchayat Raj Act, 1993 (for short 'Act ') by Karnataka panchayat Raj (Amendment) Act, 2015 which received assent of the Governor on 29.04.2015, brought into force at once by which the words ''thirty months '' was substituted by the words ''five years '', petitioner claiming to be entitled to the extended tenure of the office of President for five years, aggrieved by the Notification dated 15.06.2015 calling forth elections to the post of President and Vice President of various Gram Panchayats of Muddebihal Taluk of gijapur District, including that of the fourth respondent Gram Panchayat, at Sl. No. 9, and the notice dated 24.11.2015 of the third respondent - Returning Officer Annexure -E, has presented this petition to quash the said notification and notice.

(2.) On 28.01.2016 the following order was passed:

(3.) Sec. 46 of the Act prior to the amendment read thus: