STAINY BITRO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are stated to be the members of H.D.Kote Taluk Panchayath and have sought for an appropriate direction to prepare the voters list strictly in terms of Section 148 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 ('the Act' for brevity) and H.D.Kote Taluk Panchayath Standing Committee Election Rules, 2018. Various other reliefs are sought for, including appropriate writ to quash the election proceedings and including the convening of meeting on 19.12.2019 at 11.00 a.m. to elect the members of H.D.Kote Standing Committee.

(2.) The Calendar of Events with respect to the election of members of Standing Committee is found at page 18 of the petition, which stipulates that election to elect members of the Standing Committee would be held on 19.12.2019. It is an admitted fact that electoral college as on date consists of members contemplated under Section 120 of the Act excluding the members as referred to under Section 120(1)(iv) of the Act. It is accordingly contended that one-fifth of Adhyakshas of Grama Panchayat are entitled to participate in electing members of Standing Committee of the Taluk Panchayat and the said one-fifth would be determined by lot. It is not in dispute that the earlier notification of one-fifth of Adhyakshas as contemplated under Section 120(1)(iv) of the Act continued till 16.01.2019 and thereafter, fresh notification is to be re-determined in terms of Section 120(1)(iv) of the Act.

(3.) Learned counsel appearing for respondent Nos.2 and 3 submits that for the purpose of notifying the said list of Adhyakshas of Grama Panchayat referred to above and to complete the process including necessary training would require about four weeks to complete the said process.