B VENKATESHALLU Vs. DEPUTY COMMISSIONER BELLARY

JUDGEMENT

(1.) petitioner and the third respondent are members of muka grama panchayat in bellary taluk, having been elected on 22-2-1994. While holding such office as member of the grama panchayat, the third respondent contested the elections for the bellary taluk panchayat, and was selected as a member. The names of members elected to the said taluk panchayat was notified on 31-3-1995 under Section 133 of the Karnataka panchayat raj Act, 1993 ('act' for short). The first meeting of the bellary taluk panchayat was held on 4-5-1995. The third respondent thereafter submitted his resignation in regard to the seat held by him in muka grama panchayat on 6-5-1995.

(2.) the petitioner contends that if the third respondent wanted to be a member of the taluk panchayat, he ought to have complied with the mandatory requirement of Section 128(2) of the ACT by resigning his seat in the village panchayat within 15 days from 31-3-1995 which was the date of notification under Section 133 of the Act, declaring his name as a member elected to the bellary taluk panchayat; and as he failed to do so, the seat held by the third respondent in the bellary taluk panchayat became vacant. The petitioner claims to have brought this fact to the notice of the first respondent with a request to take action in the matter under Section 129(2) of the act. The grievance of the petitioner is that the first respondent has not taken any action. Hence he has filed this petition seeking a direction to the first and second respondents to take action under Section 129(2) of the ACT and declare that the seat held by the third respondent in bellary taluk panchayat has become vacant and to further declare that the third respondent has ceased to be a member of the bellary taluk panchayat and has no competence to continue as such member.

(3.) the third respondent however contends that his seat as a member of the taluk panchayat would have become vacant only if he had failed to resign his seat in the grama panchayat within 15 days from the date of commencement of the term of office as a member of the taluk panchayat; and as the five year term of office of the third respondent as a member of the bellary taluk panchayt commenced only on 4-5-1995, he had time to submit his resignation regarding the membership of the gram panchayat within 15 days from 4-5-1995; and as he submitted his resignation in regard to his seat in the muka gram panchayat well within 15 days from 4-5-1995, that is, on 6-5-1995 itself, he continues to be a member of the bellary taluk panchayat and his seat has not become vacant.