MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are filed by the President and Vice President, who have tendered resignation and accepted by the Assistant Commissioner, for a writ of certiorari to quash the official memorandum dated 22.01.2018 passed by the third respondent Assistant Commissioner as per Annexures-C and C1 and to quash the order dated 21.04.2018 made by the Deputy Commissioner second respondent vide Annexure-L and also to quash the order dated 29.01.2018 by the second respondent at Annexure-E.

(2.) It is the case of the petitioners that both were elected as members of the Chunchanakuppe Gram Panchayath, Chunchanakuppe Village, Tavarekere Hobli, Bengaluru South Taluk- fourth respondent on 05.06.2015 along with 22 other members. On 07.07.2015, the first petitioner was elected as President and the second petitioner was elected as Vice President of the said Gram Panchayath. The term of the office of the Adhyaksha and Upadhyaksha is for a period of 5 years from the date of election. It is further contended that the petitioners as President and Vice President are rendering their duties without any bad remarks and without any allegation of misuse or abuse of power or misappropriation of funds or other assets of the Panchayath or misconduct in the course of exercise of their functions and they are discharging their duties as Panchayath President and Vice President to the best of their ability and they are instrumental in implementation of many State, Central and rural development projects for the benefit of the residents of said Gram Panchayath and absolutely there are no complaints from the residents of the said Gram Panchayath against these petitioners.

(3.) It is the further case of the petitioners that some of the members of fourth respondent Gram Panchayath used to take signatures of the petitioners in the blank letter heads of the Panchayath for getting funds from the competent Authority and some of the members of the Panchayath not satisfied with the bright prospects of the petitioners in their political career used the blank letter heads signed by the petitioners and written on it the resignation and submitted to the third respondent Assistant Commissioner on 10.01.2018. The reason assigned for the resignation was on the ground of not mentally sound (ill) and personal problems and the same is typed and not handwritten.