S R RANGAPPA Vs. GIRIJAKUMAR

JUDGEMENT

(1.) I.A.No.1 is allowed. The applicant is permitted to come on record as additional respondent.

(2.) This petition raises an interesting question touching the right of a member of a committee under the control of the State Government to contest the elective posts under the provisions of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (in short 'the Act'). This Act contains certain provisions prescribing certain disqualifications for seeking the membership of the Mandal Panchayat/Zilla Parishad. We are concerned with the case of disqualification for being chosen to be nominated and for being a member of the Mandal Panchayat. Under Section ll(j) of the Act a person who holds any office of profit under the Government of India, or the Government of Karnataka or the Government of any other State in India or of any local or other authority subject to the control of and of the said Governments other than such offices as are declared by rules made under this Act, not to disqualify the holder.

(3.) The relevant rules made in exercise of the powers under Section 11 are found in the Karnataka Zilla Parishads and Mandal Panchayats (Prevention of Disqualification) Rules 1986. Under Rule l(b) -