BHARAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are residents of Mantrodi village in the Taluk of Savanur, District Dharwar. The Revenue village Mantrodi along with two other revenue villages, namely, Jekinakatti and Madapur were together declared as a village 'under Sec.3 of the Karnataka Village Panchayats and Local Boards Act, 1959' (hereinafter referred to as the 'Act'). The residents of Mantrodi village appear to have made a grievance before the Divisional Commissioner, Belgaum to the effect that their interests are not being properly served by the Village Panehayat of Jekinkatti and, therefore, Mantrodi itself should be declared as a village and a separate panchayat should be constituted for the said village under the Act. The Divisional Commissioner having agreed with the grievance of the residents of Mantrodi village, issued notification dated 2-3-1974 (Ex.A) in exercise of his power under Sec.3(2) (b) of the Act declaring that Jekinkatti village consisting of three revenue villages, namely, Jekinkatti, Mantrodi and Madapur shall cease to be a village from the date of publication of the said notification. The said notification was published on 21-3-1974 in the official Gazette. The consequence of the said notification was that with effect from 21-3-1974 Jekinatti village ceased to be a village within the meaning of the Act.

(2.) By another notification of the same date (Ext.B), the Divisional Commissioner proposed to constitute Jekinkatti revenue village along with Madapur as Jekinkatti village under the Act and Mantrodi revenue village along as a separate village under the Act. He called for representations from all the concerned persons. However, by a subsequent notification dated 24-6-1974 (Ext.C), the Divisional Commissioner purported to withdraw the first notification declaring that Jekinkatti shall cease to be a village under the Act. The legality of the aforesaid notification cancelling the notification issued vide Ext.A, was questioned before the Karnataka Revenue Appellate Tribunal in Appeal filed by two residents of Mantrodi village. The appellate Tribunal by its odrer dated 20th September, 1975 allowed the appeal setting aside the notification of the Divisional Commissioner vide Ext.C and remanded the case to the Divisional Commissioner.

(3.) In this situation, a notice dated 11-12-1975 (Ext.F) was issued by the Returning Officer proposing to hold election to the office of the Chairman of Jekinkatti Village Panchayat on 20-12-1975. In the election held pursuant to the aforesaid calendar of events, respondent 5 was declared to have been elected as the Chairman of the Village Panchayat.