K V KUNDGOL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All these petitions are connected as the reliefs prayed for are common. In all these petitions, the petitioners have sought for the following reliefs:

(2.) Petitioners are Secretaries of the Village Panchayat Established and constituted under the provisions of the Karnataka Village Panchayats and Local Boards Act, 1959, which has been repealed by the Karnataka Act No. 20/85 (hereinafter be referred to as' the Repealed Act').

(3.) Having regard to the contentions urged on the question of maintainability of these writ petitions, the points that arise for consideration are: (1) Whether the Post of a Secretary of a Village Panchayat is a civil post under the State? (2) If so, having regard to the provisions contained in Section 15 of the Administrative Tribunals Act, 1985 (Central Act 13/85), whether it is open to the petitioners to seek relief under Article 226 of the Constitution of India ?