INAYATH PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was elected as a Member of the Bheriya Village, Grama Panchayath on 05.06.2015 along with fourteen members. Post of President of the said Grama Panchayath has been reserved to the backward class 'B' group category. It is an undisputed fact that respondent No.8 was only person who belongs to backward class 'B' category (BCB) and was elected as its President.

(2.) A motion of no confidence came to be moved by the members against the Adyaksha of the Grama Panchayath i.e. respondent No.8. The motion for no confidence moved at the first instance came to be set aside by virtue of the orders in W.P. No.12731/2018 and liberty was granted to the members to move afresh.

(3.) The members have moved a fresh motion of no confidence. Meeting was conducted and respondent No.8 was removed from the post of President. In the meanwhile, the petitioner had made representation to the Deputy Commissioner seeking for initiation of appropriate procedure to change the reservation as regards the category for the post of President in order to address the anomaly as respondent No.8 was only a person belonging to the backward class 'B' category and having been removed by virtue of a motion of no confidence was again seeking to be elected as a President. Steps were taken to hold fresh election to the post of Adyaksha and on the first occasion could not be held due to lack of quorum. However, in the subsequent meeting on 24.12.2018, respondent No.8 came to be re-elected in the presence of only five members of the Grama Panchayath.