M VEMALA NAYAKA Vs. RANIYAMMA

JUDGEMENT

(1.) IN all these writ petitions, the petitioners have challenged the election of Smt. Raniyamma to the post of adhyaksha of the shimoga district zilla panchayat, shimoga and for a writ of quo warranto restraining Smt. Raniyamma from functioning as adhyaksha inasmuch as she has no qualification to hold that post.

(2.) SHIMOGA zilla panchayat has been constituted under the provisions of the Karnataka panchayat raj act, 1993 (for short 'the act' ). The said panchayat consists of 41 members elected from different constituencies in shimoga district. Out of 41 elected members, 8 members belong to scheduled caste and out of them 3 members were elected from the constituency reserved for scheduled caste women. Smt. Raniyamma is elected from the constituency reserved for scheduled caste women.

(3.) THE government in its notification dated 7-3-1997, reserved the post of adhyaksha for scheduled castes and the post of upadhyaksha for unreserved women. Thereafter the divisional commissioner convened the meeting to hold the election for the posts of adhyaksha and upadhyaksha on 7-4-1997. Smt. Raniyamma and others were the candidates for the post of adhyaksha. Though there was an objection to accept the nomination of Smt. Raniyamma, her nomination was accepted and ultimately she was declared elected to the post of adhyaksha as she secured more votes than the other candidates who contested the election. This election has been challenged by the petitioners in these petitions and they have also sought for a writ of quo warranto to unseat Smt. Raniyamma from the post of president on the ground that she is not eligible to hold the post of adhyaksha.