NINGAPPA RAMACHANDRA GURAV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions raise a question of considerable importance to the proper working of the Mandal Panchayats constituted under the provisions of the Karnataka Zilla Parishads, Taluka Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (in short called as the Act) and the Rules framed thereunder.

(2.) Various contentions have been taken by the petitioners in these petitions challenging the validity of the nominations made by the Zilla Parishads under the provisions of Section 5(3) of the Act. They have questioned not only the validity of the nominations but also the eligibility of the candidates who were nominated oh the ground that those candidates do not satisfy the criteria of backwardness as defined in the Act.

(3.) In the course of the arguments by the learned Counsel for the petitioners, it was observed by this Court that a preliminary issue touching the jurisdiction of the Adhyaksha of the Zilla Parishads to make nominations under Section 5(3) of the Act has to be considered first since if he has no jurisdiction to make the nominations under Section 5(3), the other question relating to the eligibility of the candidates so nominated will not arise. Learned Counsel for both the sides agreed with this view. So in this order I will be dealing with the validity of the nominations made by the Adhyaksha by virtue of the powers conferred on him by the resolutions duly passed by the elected members of the respective Zilla Parishads.