BHARAMAPPA NEELAPPA HADIMANI Vs. TOWN PANCHAYAT COMMITTEE SOUNSHI

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution Sri Bharamappa Neelappa Hadimani of Sounshi, who was once the member of the Town Panchayat Committee of Sounsi, has challenged the appellate order made by the Karnataka Appellate Tribunal, Bangalore dated 21st July, 1976 in Appeal No.928 of 1976. The Tribunal has by the said order, set aside the order made by the Divisional Commissioner, Belgaum Division, Belgaum dt. 28th April, 1976, superseding the Town Panchayat Committee of Sounshi under S. 203(1) (ii) of the Karnataka Village Panchayats and Local Boards Act, 1959 (hereinafter referred to as the Act).

(2.) The necessary facts to be noticed for the disposal of this case may briefly be stated as follows :

(3.) Under sub-sec(1) of Sec.5 of the Act, the Deputy Commr has fixed the total number of members to be elected for the Town Panchayat Committee as 17. In the year 1969, general elections were held, at which 17 members were elected for a period of 5 years. General elections to the panchayats were postponed from time to time by appropriate statutory provisions. The last postponement of the elections has been made by Karnataka Ordinance 36 of 1976 by which the Karnataka Village Panchayats (Postponement of Elections Act, 1975, has been amended postponing elections till the 31st of December, 1977.