S S GUNDIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this Petition under Article 226 of the Constitution of India, the petitioner has sought for quashing the Karnataka Zilla Parishads (Election of Adhyaksha and Upadhyaksha) Rules, 1987 (hereinafter referred to as the 'Rules'). He has also further prayed for a declaration that the Associated Members and the Members of the Legislative Assembly, the Members of the Legislative Council and the Members of the Parliament in the State are not the members of the electoral college for the election of the Adhyaksha and Upadhyaksha under Section 165 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (Karnataka Act No. 20/1985) (hereinafter referred to as the 'Act').

(2.) Sri. A.K. Subbaiah, Learned Counsel for the petitioner has made it clear during the course of his arguments that though the petititioner has challenged the validity of the Rules, but he is not interested in challenging the validity of the Explanation to Sub-rule (2) of Rule 3 of the Rules; therefore, the challenge to the said Explanation may be treated as given up. In view of this submission, I proceed to consider the validity of the Rules except the Explanation to Sub-rule (2) of Rule 3 of the Rules.

(3.) The contentions advanced by Learned Counsel Sri Subbaiah are : that the members of the State Legislative Assembly and the State Legislative Council and Parliament representing a part or whole of the District and whose constituencies lie within the jurisdiction of the Zilla Parishad and such members of the Legislative Council not elected from the territorial constituencies and ordinarily resident in the District though entitled to take part in the proceedings and to vote at the meetings of Zilla Parishad, but they are not entitled to participate and vote at the election of Adhyaksha and Upadhyaksha of Zilla Parishad as per the provisions of the Act ; that nevertheless they have been enabled to participate and vote at the election of Adhyaksha and Upadhyaksha by reason of the impugned Rules. Therefore, the contention of the petitioner is that the Rules in so far as they enable the members of the State legislature and Parliament falling under Sub-section (3) of Section 139 of the Act, to participate and vote at the election of Adhyaksha and Upadhyaksha are beyond the Rule-making power of the State Government and as such the same are ultra vires of the Act. It is also the contention of the petitioner that if the aforesaid members of the Legislature and the Parliament are also empowered to participate and vote at the election of Adhyaksha and Upadhyaksha, not only the very democratic nature of the institution i.e., Zilla Parishad is affected but its chief executive head i.e., Adhyaksha will not be the representative of the elected members of the Zilla Parishad. It is also contended that such a situation will have the effect of defeating the very object and intendment of the legislature and as a result thereof, it will cease to be an elected body. Therefore, the contention is that having regard to the object of the Act and the functions and powers of Zilla Parishads, it is only the elected members of Zilla Parishad who are entitled to participate and vote at the election of Adhyaksha and Upadhyaksha. In addition to these general contentions, the Learned Counsel for the petitioner has advanced several other contentions with reference to the Rules and the provisions of the Act and the same will be adverted to at the relevant stages.