PATEL BASAWEGOWDA Vs. PRESCRIBED OFFICER SINGARAJAPURA MANDAL PANCHAYAT

JUDGEMENT

(1.) This petition heard finally by consent of all Counsels.

(2.) The petitioners are elected members of the Singarajapura Mandal Panchayat. They have challenged the nominations of respondents-4 and 5 belonging to Balija and Maratha community respectively on the ground that the population of the said communities is more than one percent in Bangalore District. They have also stated that respondents-4 and 5 are neither artisans nor landless agricultural labourers and that their income is more than Rs.6,400/- per annum and therefore they are not entitled to be nominated under Section 5(3) of the Karnataka Zilla Parishads, Taluk Panchyat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 ('the Act' for short). As the said nominated persons have participated in the election of Pradhan held on 24.4.1987 the election is vitiated and therefore election of Pradhan may be declared as void.

(3.) Mr. M.S. Subbrayappa, learned Counsel for the respondents 3 to 5 contended that the grounds urged for challenging the nominations of respondents-4 and 5 are not true and that after election of Pradhan the only remedy open to the petitioners was to file a petition challenging the election of Pradhan under Rule 8 of the Karnataka Mandal Panchayats (Election of Pradhan and Upapradhan) Rules, 1987 and as they have not done so the election of Pradhan cannot be set aside by this Court in exercise of powers under Articles 226 and 227 of the Constitution of India. 3A. So the first point that arises for determination in this petition is whether the nomination of Respondents-4 and 5 is legal. According to Section 5(3) of the Act, where no person belonging to Backward Classes is elected to a Mandal Panchayat, the Zilla Parishad shall nominate two persons belonging to the said classes to the Mandal Panchayat. According to the petitioners two persons belonging to Backward Classes have been elected to the Mandal Panchayat but that ground need not be gone into now as the petition can be disposed of on other grounds.