BAPU DADA PATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this appeal is directed against an Order made by the learned single judge refusing to interfere with the election process being commenced for electing an adhyaksha to a gram panchayat.

(2.) the contention advanced on behalf of the appellant is that one Smt. Prabhavathi had been elected as the adhyaksha of the gram panchayat. She belongs to scheduled tribe. The post of adhyaksha is reserved for woman scheduled tribe candidates in terms of Section 44 of the Karnataka panchayat raj Act, 1993. The only ground urged in support of the challenge to the validity of the said provision is that it renders Section 49 otiose.

(3.) the 6th respondent had been elected as the adhyaksha of the said panchayat she being the only woman scheduled tribe candidate. A no confidence motion was brought against her on 24-11-1995. It is also stated that she submitted her resignation on 21-11-1995 and requested the second respondent to postpone the meeting to be hold on 24-11-1995. Separate proceedings have been initiated before this court challenging the validity of the resolution passed expressing no confidence in the 6th respondent and to accept her resignation.