YELLAPPA BASVANI TASHIDAR 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, Belgaum, 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 the petitioner in W. P. No. 12061/2006 and the petitioner in W. P. No. 12062/2006 were elected as Members of the Taluk Panchayath, Belgaum for a period of 5 years in the elections held on 27-12-2005. On 31-1-2006, the petitioner in W. P. No. 12062/2006 was elected as Adhyaksha. The meeting of the Taluka Panchayath was held on 27-2-2006 at 12. 00 noon. The Executive officer of the Taluka Panchayath and all the members of the Taluka Panchayath were present in the meeting. The executive Officer welcomed the Adhyaksha and Upadhyaksha and other members and requested the adhyaksha of the Taluka Panchayath to commence the proceedings of the meeting, whereupon the Adhyaksha commenced the proceedings. At that time, Sri Yellappa Basvani tashildar (petitioner in W. P. No. 12061/2006)interrupted the proceedings and raised the issue of unification of the area into Maharashtra and non-settlement of the border dispute between Karnataka and Maharashtra for a long time and proposed a resolution for submission of petition to the Central Government and the Supreme Court in this matter. At this stage, the Executive Officer requested the adhyaksha of the Taluka Panchayath Sri. Maruti Parshuram Kubji (Petitioner in W. P. No. 12062/2006) 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 raised by the member (petitioner in W. P. No. 12061/2006), 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 the border issue were in vain. As a result, the Executive Officer along with the Officers left the meeting. On the same day, the Executive Officer narrated the above incident and submitted a report dated 28-2-2006 to the Chief Executive officer, Zilla Panchayath, Belgaum. A copy of the said report is produced by the petitioner at Annexure-D.