K P BHAGYAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner elected from palahalli constituency of Srirangapatna Taluk panchayat, aggrieved by the order D/-5-8-2006 Annexure-A of the State Election Commission, for short 'commission', declaring as vacant the seat held by her, has presented this petition in addition to a challenge to the vires of Section 128 (2) and 129 (2) of The Karnataka panchayat Raj Act, 1993, for short the 'act'.

(2.) FACTS briefly stated are : the petitioner, an elected member of the palahalli Gram Panchayat contested the election from the Palahalli constituency of the srirangapatna Taluk Panchayat, reserved for general (Woman) held on 19-12-2005 and was declared duly elected. In compliance with section 133 of the Act, the Deputy commissioner by notification D/-2-1-2006 published in the Karnataka Gazette D/-5-1-2006, Annexure-B, declared the results of the candidates. The petitioner tendered on 23-1-2006, her resignation from the membership of the gram panchayat, by a letter in her handwriting, duly signed, to the President of the palahalli Gram Panchayat, the Asst. Commissioner and the Deputy Commissioner, vide annexures-D, D1 and D2 respectively.

(3.) THE 3rd respondent, a resident of srirangapatna Taluk and a member of kirangur Taluk Panchayat, and the 4th respondent an elected member of a Palahalli Gram panchayat, it is alleged, with an intention to damage the petitioner's political career, jointly filed the petition, Annexure-F, before the 2nd respondent- 'commission' to declare as vacant, the seat of the petitioner, in the srirangapatna taluk panchayat having failed to submit the resignation to the membership of the Palahalli Gram Panchayat within 15 days from the date of declaration of the results of the election, to the membership of the srirangapatna Taluk Panchayat, as required by sub-section (2) of Section 128 of the Act. The Commission issued a notice D/-25-2-2006 Annexure-G calling upon the petitioner to show cause as to why she should not be disqualified under Section 13 of the Act which was responded to by statement of objections d/-22-4-2006 Annexure-H. By another notice D/-3-3-2006 Annexure-J, the commissioner informed the petitioner that the proceeding was not initiated under Section 13 but under Section 129 (2) of the Act.