DODDABIDARAKALLU GRAM PANCHAYATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE Gram Panchayat of doddabidarakallu, Yashwantpur Hobli, Bangalore north Taluk, has presented this writ petition to declare Section 302 of the kamataka Panchayat Raj Act, 1993 as unconstitutional, unenforceable and to quash the notification No. UDD 92 MNY 06 dated 16-1-2007, Annexure-A of the first respondent, insofar as it includes the area comprised in the petitioner-Gram Panchayat, into the bruhat Bangalore Mahanagara Palike.

(2.) THE petitioner-Gram Panchayat was constituted on 2-2-2005 under the Karnataka panchayat Raj Act 1993, for short 'panchayat act' with 27 elected representatives, comprised of two villages by name Doddabidarakallu and kariobanahalli of Yeshawantpur hobli of Bangalore North Taluk. The residents of the two villages are said to be agriculturists and agricultural labourers, by profession, dependent upon the agricultural lands for their livelihood. The petitioner claims to be a popular gram Panchayat of Bangalore North Taluk, dedicated to the improvement of standard of living and carrying out developmental activities.

(3.) THE Government of Karnataka in exercise of power under clause (a) of sub-section (1) of Section 3 of the Karnataka Municipal corporation Act, 1976 for short 'corporation act' published in the Karnataka Extraordinary gazette dated 2-11-2006, a preliminary notification of even date Annexure-B, specifying the local limits of 7 City Municipal Councils, 1 (one) Town Municipal council and 111 urbanised villages to be included into the area of Bangalore Mahanagara Palike to be called as Bruhat Bangalore Mahanagara Palike, inviting objections and suggestions from all persons likely to be affected thereby, on or before 30 days therefrom. The Members of the petitioner-Gram Panchayat, it is claimed, by resolution dated 4-11-2006 expressed dissatisfaction over its inclusion and within the time stipulated, submitted to the Deputy Commissioner, bangalore city, its written objections, Annexure-C.