ASHOK Vs. TAWANAPPA SIDDAPPA JAKKANNAVARA

JUDGEMENT

(1.) All these appeals are by the contesting respondents in the writ petitions, whose elections as Pradhana or Upa-pradhana of respective Mandal Panchayats (for short 'the Panchayats or the Panchayat') were set aside, with a direction to declare the results of the respective elections afresh, consequent upon quashing the nominations made to the panchayats, by the Adhyakshas of Zilla Parishads, under Section 5(3) of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (referred as 'the Act').

(2.) The main question to be decided is whether declaration of the result of an election to the office of Pradhana or Upa-pradhana can be set aside in a writ petition, without the aggrieved party resorting to an election petition as provided by the Act and the relevant Rules called 'the Karnataka Mandal Panchayats (Election of Pradhana and Upa-pradhana) Rules, 1987 (for short as 'Election Rules').

(3.) The elections to panchayats were held in January, 1987. The panchayat stands constituted immediately on publication of the elected members numbering two-thirds of the membership of panchayat as per Section 5(8) of the Act. Section 5(3) of the Act, provides for nomination of two members belonging to Backward classes, in case, no member of the said class is elected as a member of the panchayat at the election. The Act also envisages the election of Pradhana and Upa-pradhana, at the earliest, on the panchayat coming into existence and the first meeting of the panchayat has to be to elect the Pradhana. The first meeting is to be within four weeks of the constitution of the panchayat under Section 43.