SHIVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are the candidates for election as members of Honnudike village Panchayat in respect of ward No. 3, have presented this writ petition questioning the legality of the notification issued by the Election Officer for purposes of holding election to the offices of the chairman and vice-chairman of the Panchayat under the provisions of the Karnataka Village Panchayats and Local Boards Act, 1959 (hereinafter referred to as the Act).

(2.) Facts : General election in the village panchayat of Honnudike village was scheduled to take place 8-7-78. The total strength of the panchayat, as fixed by the Deputy Commissioner in exercise of the powers under sub-section (1) of Sec 5 of the Act, is thirteen. In respect of Ward No. 3 the number of members required to be elected is three. Election for the panchayat in respect of other constituencies, except Ward No. 3, has taken place on 8-7-1978. Ten persons have been declared elected by the Election Officer. The Deputy Commissioner has also published the names of the aforesaid ten persons as having been elected as members of the panchayat under sub-section (7) of Section 5 of the Act read with Rule 47 of the rules framed under the Act. Election for the office of three members from ward no 3 has not taken place on account of same defect in the printing of ballot papers. After the names of ten persons who have been elected from the other wards of the panchayat was notified by the Deputy Commissioner, the Election Officer issued the notice dated 14-8-1978 (Ex. A) fixing 23-8-1978 as the date for the election of the chairman and the vice-chairman. The petitioners, who are the candidates in respect of Ward No. 3 for which no election has taken place, have challenged the legality of the notice so issued on the ground that in accordance with the provisions of the Act, the panchayat has not yet been constituted and therefore, no election of the Chairman and the vice-chairman could take place.

(3.) Sri B. V. Balaji, learned counsel for the petitioners placed reliance onsub-sec. (6) of Sec. 5 of the Act and submitted that until at least eleven members were declared elected out of thirteen, there is no valid constitution of the panchayat and consequently, no notice for purposes of election of chairman and vice- chairman can be issued unders Sec. 30 of the Act.