H N SRINIVASA BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this petition is directed against the notification issued by the respondent 2, to elect the adhyaksha and upadhyaksha of halaganahalli grama panchayat. The elections for these posts were held during the month of december, 1993. However, for one or other reason, adhyaksha and upadhyaksha could not be elected. The deputy commissioner, purporting to exercise the powers under Section 47 of the Karnataka panchayat RAJ Act, 1993, appointed several officers of the government to act as administrators of several panchayats including halaganahalli grama panchayat. Subsequently, by an order made on 19-12-1994, which is impugned herein, the deputy commissioner called upon the concerned panchayat to elect adhyaksha and upadhyaksha. It is now contended that the deputy commissioner having appointed administrator in terms of Section 8 of the said Act, the members of the panchayat ceased to be members thereof, and consequently when panchayat itself ceased to exist the only course is to hold fresh elections to the panchayat.

(2.) the learned advocate-general, appearing for the respondents 1 to 3 and Smt. Suguna, appearing for some of the parties, who have been impleaded subsequently, after the writ petition was filed, contended that the order at Annexure-A has not been issued at all under Section 8 of the act but it is only under Section 47 of the act the said order has been issued, only to appoint certain officers to discharge the duties of the adhyaksha and upadhyaksha. In such circumstances, it is open to the concerned authority to call upon the concerned panchayat to elect the adhyaksha and upadhyaksha. It is their submission that Section 8 of the act has no relevance to the present case.

(3.) Section 44 of the act requires election to the posts of adhyaksha and upadhyaksha to a grama panchayat. It provides that in the event of occurrence of any vacancy of such posts, due to the reasons of death, resignation, removal or otherwise, in the office of the adhyaksha and upadhyaksha of a grama panchayat, the grama panchayat shall choose another member to be the adhyaksha or upadhyaksha, as the case may be. In the present case, such a situation has not arisen at all, because adhyaksha and upadhyaksha were not at all elected in the grama panchayat.