L SHIVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In the first Writ Petition presented by a Member of the Zilla Parishad, Chickmagalur, the following important question of law arises for consideration; Whether a person who is not an elected member of the Zilla Parishad in terms of the provisions of Sub-section (1) of Section 139 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, but who being a member of the State Legislative Assembly or State Legislative Council or a Member of Parliament or a President of District Central Cooperative Bank, is given the right to participate in the proceedings/meetings of a Zilla Parishad under Sub-sections (2) and (3) of Section 139, can be regarded as a member of the Local Authority for the purpose of Article 171(3)(a) of the Constitution of India, entitled to vote in the concerned Local Authorities Constituency, in the election to the Karnataka State Legislative Council? In the second Writ Petition presented by the General Secretary of the District Janatha Party, Chitradurga, the following important question of law arises for consideration: Whether the inclusion of the names of respondents-7 to 246 who are nominated members of different Mandal Panchayats in the District in the electoral roll of Chitradurga Local Authorities Constituency for election to the State Legislative Council after the last date and time fixed for the receipt of nomination papers is illegal and if so, whether an order should be made to delete their names from the electoral roll? In both these petitions, in view of the preliminary objection raised by the learned Advocate General, appearing for respondents 1 and 2 the following common question of law arises for consideration: Whether Clause (b) of Article 429 of the Constitution of India constitutes a bar to the maintainability of the two Writ Petitions?

(2.) The facts of the case in the first Writ Petition, in brief, are as follow: The Zilla Parishad is a Local Authority constituted under the provisions of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 ('the Act' for short). According to Clause (1) of Section 139 of the Act every Zilla Parishad consists of such number of elected members, as is determined under Section 140. Sub-section (2) of Section 139 provides that the President of the District Central Cooperative Bank would be an Associate Member who shall be entitled to take part in the proceedings of a Zilla Parishad, but without right of vote and the right to be elected as Adhyaksha or Upadhyaksha. Sub-section 3(a) provides that Members of Parliament and State Legislatures representing a part or whole of the districts would have the right to take part in the proceedings of the Zilla Parishad and to vote at the meetings of the Parishad. Subsection 3(b) confers on such members of State Legislatures, the rights of the members of the Zilla Parishad. Respondent No. 3 to the petition is the President of the D.C. Bank, Chickmagalur District. Respondent No. 4 is the Member of the Loka Sabha from Chickmagalur Constituency. Respondent No. 5 is a Legislative Council Member and also Deputy Chairman of the Legislative Council. Respondent No. 6, 8, 9 and 14 are also Members of the Legislative Council. Respondent No. 7 and 10 to 13, Respondent No. 13 are Members of the State Legislative Assembly from different constituencies in the District. Their names have been included in the electoral roll required to be prepared for the Chickmagalur Local Authorities Constituency for purpose of election to the Karnataka Legislative Council in terms of Article 171(3)(a) of the Constitution and Section 27 of the Representation of the People Act, 1950 (hereinafter referred to as 'the 1950 Act').

(3.) The petitioner has challenged the legality of the inclusion of the names of respondents-3 to 14 in the electoral roll on the ground that they are not the members of Zilla Parishad and therefore they are not eligible to be voters in the local authorities constituency. In support of this contention he relies on Article 171 of the Constitution and Section 27(2) of the 1950 Act according to which the members of local authorities in the State constitute the electorate for election to the Legislative Council from the Local Authorities Constituency. The contention of the petitioner is that respondents-3 to 14 are not members of Zilla Parishad, but they are persons on whom the right to take part in the proceedings of the Parishad only is conferred and therefore they are not eligible to be registered in the electoral roll for the Local Authorities Constituency.