RABBANI Vs. SECRETARY GRAM PANCHAYAT

JUDGEMENT

(1.) THE petitioner is calling in question the meeting notice dated 22. 06. 2007 issued by the Tahsildar, Basavakalyan - the 2nd respondent herein. As per the impugned notice all the members of the Gram Panchayat, Rajeswar Village, Basavakalyan taluk, Bidar District are notified of the calendar of events and the date of election of the Adhyaksha of the Gram Panchayat fixed on 07. 07. 2007 at 2 p. m.

(2.) THE petitioner is an elected member of the Gram panchayat. He is also elected as Vice President of the Gram panchayat. One Sri. Shankar Mallappa Metri was elected as president of the Gram Panchayat in the election held on 02. 04. 2005. The term of the said Sri. Shankar Mallappa Metri was 30 months from the date of election. According to the petitioner the period would come to an end by the end of August, 2007. However, as Sri. Shankar Mallappa Metri was alleged of certain misconduct in discharge of his duties, by order dated 18. 05. 2007, he was removed from the post of Adhyaksha of the gram Panchayat and also as Member of the Gram Panchayat. After the removal of the Adhyaksha, the petitioner is directed to function as Adhyaksha as an incharge arrangement with effect from 22. 05. 2007. Petitioner claims that he has been functioning very effectively as Adhyaksha to the satisfaction of all the members and in accordance with law.

(3.) IN the meanwhile, by the impugned notice/calendar of events the date of election is fixed for the post of Adhyaksha on 07. 07. 2007. The grievance of the petitioner is that if the date of the election is taken into consideration the period that remains for the incumbent President to discharge his duties as such would be hardly 30 days. Therefore, petitioner contends that there cannot be a regular election held to fill up the post of Adhyaksha for such a short duration. It is also contended that the post of adhyaksha for the remaining term cannot be reserved in favour of Scheduled Tribe candidate and that the same should be dereserved.