R KRISHNAPPA Vs. STATE OF KARANATAKA

JUDGEMENT

(1.) PETITIONER has sought for quashing the order dated 29-7-2006, at Annexure-A, passed by the second respondent in complaint No. SEC 2 CZP/2006, wherein the second respondent declared that the seat of the petitioner in Kolar Zilla Panchayat has become vacant. The petitioner being elected member of avani Grama Panchayat, contested for the membership of the Kolar Zilla Panchayat from avani (Reserved Constituency ). He was elected as a member of Zilla Panchayat on 27-12-2005. The State Election Commissioner issued Gazette Notification notifying the elected members of Kolar Zilla Panchayat, including the petitioner, on 4-1-2006. Therefore, the petitioner ought to have resigned to the seat of the member of Grama Panchayat, within 15 days from 4-1-2006, in view of S. 167 (2) of Panchayat Raj Act (for short hereinafter referred to as the 'act' ). According to respondents 3 and 4, the petitioner did not resign the membership of Grama Panchayat within the stipulated period and, therefore they filed a joint complaint/representation to the deputy Commissioner, Kolar, on 16-2-2005, seeking to declare that the seat of the petitioner in Kolar Zilla Panchayat (Avani Reserved Constituency) vacant. The complaint was forwarded by the Deputy Commissioner to the State Election Commissioner for necessary action.

(2.) ACCORDING to the petitioner, he resigned the post of the member of Avani Grama panchayat on 2-1-2006 by submitting the resignation letter to Adhyaksha of Avani Grama panchayat and he did not attend any of the meetings of the Grama Panchayat thereafter; that the Adhyaksha in turn, on the same day, has issued an endorsement to the petitioner for having received the resignation letter from the petitioner; that the Adhyaksha of Avani grama Panchayat accepted the resignation on 12-1-2006; that Avani Grama Panchayat convened the General Body Meeting of Grama panchayat on 17-1-2006 for discussion of several issues, however, the said meeting was postponed to 23-1-2006 in view of pooja activities in the village; that the 4th respondent made an application to the Secretary of Avani grama Panchayat on 18-1-2006, seeking clarification regarding the resignation of the petitioner to Avani Grama Panchayat membership and obtained an endorsement but the petitioner has not resigned the membership of Grama panchayat; that the Grama Panchayat adhyaksha and Secretary vide letter dated 18-1-2006 requested the Deputy Commissioner, Kolar District to hold election to the membership of Gram Panchayat for the vacant seat caused by the resignation of the petitioner, that the Gram Panchayat meeting was held on 23-1-2006 and in the said meeting the resignation letter of the petitioner was discussed as subject No. 7 and the acceptance of the resignation was ratified. Per contra, it is the case of respondents 3 and 4 that the petitioner has not resigned the membership of Avani Grama Panchayat within the stipulated period of fifteen days from 4-1-2006; that the resignation letter and other documents were created and got up subsequently after 20th of January, 2006, by the petitioner in collusion with the Adhyaksha and secretary of Avani Gram Panchayat and no meeting was held by the Grama Panchayat on 23-1-2006.

(3.) THE State Election Commissioner, after hearing concluded that the petitioner has not tendered his resignation to the membership of Gram Panchayat within the period of fifteen days from 4-1-2006, i. e. , the date of gazette Notification and consequently the Election Commissioner held that the membership of petitioner to Avani Constituency of Kolar Zilla Panchayat has become vacant.