NARAYAN YESHWANTH KAPOLKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these two writ petitions common questions of fact and law are raised. Hence, they are clubbed, heard, together and are disposed of by this common judgment.

(2.) THE challenge made by the petitioners is directed against the order passed by the state Government holding that the petitioners herein were guilty of misconduct in the discharge of their duties as Member and adhyaksha respectively of the Taluka panchayath, Khanapur in Belgaum District and their consequential removal from the said posts. Though the impugned orders in both the writ petitions are passed separately, the nature of the allegations made and the nature of enquiry held is similar, hence it is felt appropriate to dispose of these cases together.

(3.) THE facts leading to these writ petitions, stated in nutshell are, that both the petitioners were elected as members of the Taluk panchayath, Khanapur for a period of 5 years in the elections held on 27-12-2005. On 1-2-2006, the petitioner in W. P. No. 11950/2006 was elected as Adhyaksha. The meeting of the Taluka Panchayath was held on 10-3-2006 at 12 noon. The Executive Officer of the taluka Panchayath, Member of the Legislative Assembly and all the members of the taluka Panchayath were present in the meeting. The Executive Officer welcomed the member of Legislative Assembly, the adhyaksha and Upadhyaksha and other members, in all 23 and requested the Adhyaksha of the Taluka Panchayath to commence the proceedings of the meeting, whereupon the adhyaksha commenced the proceedings. The executive Officer informed the meeting about the need to constitute different Committees as per the provisions of the Karnataka panchayat Raj Act, 1993, (hereinafter referred to as 'the Act', for short ). At that time, Sri narayan Yeshwanth Kapolkar petitioner in W. P. No. 11949/2006, interrupted the proceedings and insisted for tabling a proposal to include Khanapur in the State of Maharashtra stating that a resolution to that effect should be passed by the Taluka Panchayath in its meeting. At this stage, the Executive Officer requested the Adhyaksha of the Taluka panchayath Smt. Jayashree Jayvanth khanapurkar (Petitioner in W. P. No. 11950/ 2006) not to permit the proposal to be tabled for discussion as the subject did not come within the powers, functions and jurisdiction of the Taluka Panchayath and that such a resolution will be illegal. He also informed that as the matter was pending in the Supreme Court, the same could not be discussed. However, the Adhyaksha permitted the discussion on the subject, which resulted in serious protest from the other members. There was pandemonium as the members started shouting slogans for and against the proposal. Despite efforts made by the Executive Officer to restore peace to enable peaceful transaction of the meeting in a disciplined manner, it was not possible as there was utter confusion and chaos. Efforts made by the Executive Officer to convince the Adhyaksha not to discuss such border issues were in vain. As a result, the Executive officer along with the officers left the meeting. At that stage they were prevented by some of the members. However, taking the help of the security staff, the Executive Officer and the staff left the meeting. On the same day, the Executive Officer narrated the above incident and submitted a report dated 10-3-2006 to the Chief Executive Officer, Zilla panchayath, Belgaum. A copy of the said report is produced by the petitioner in W. P. No. 11949/2006 at Annexure-C.