GURAPPA KODLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These Writ Petitions are disposed of by this following common order at the stage of preliminary hearing and after hearing the learned Counsel in detail. W.P. No. 9288/1989 was heard yesterday partly and for want of time hearing was continued today. W.P.No. 9408/1989 taken up today for preliminary hearing. On account of the similarity of the relief prayed for it is clubbed with the earlier writ petition and disposed of.

(2.) The facts which may be stated in general which are common to both the petitions are as follows: The Karnataka Legislative Assembly came to be dissolved by a Presidential Order of 21-4-1989. One of the consequences of such dissolution was, the Chairman of the Taluk Panchayat Samithi constituted under Sec. 135 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (hereinafter referred to as the Act) was denuded of a Chairman and Ex-Officio member in terms of sub-sec. (3) of Section 135 of the Act. The samithi constituted under Section 135(1) of the Act has designated functions to perform which are enumerated in Section 136 of the Act. Sub-section (2) of Section 136 of the Act provides for the manner in which the Samithi may transact its business i.e., it shall transact its business in the manner prescribed by Rules framed under the Act. Sub-section (3) of Section 135 of the Act provides that a Member of the legislative Assembly representing the major part of the taluk shall be the Chairman and if no Member of the legislative Assembly is available, or if the member becomes a Minister, the Taluk Panchayat Samithi shall elect the Chairman from among its members. Though the section lacks any clarity the meaning and purport cannot be missed. Where there is a legislative Assembly Member available, as one of the members of the Samithi in terms of sub-section (2)(a) of Section 135 of the Act and he represents in the Assembly major portion of the Taluk in respect of which the Samithi is constituted, then he is designated by legislative intent to be the Chairman. In otherwords, no election of a Chairman of such Samithi constituted under sub-section (1) of Section 135 of the Act is contemplated unless the events mentioned in sub-section (3) occur i.e., the Samithi Member-Legislative Assembly Member becomes unavailable which could be for more than one reason such as by his resignation to the Assembly, by his election being set aside by due process of law or by his death during his tenure as Member of the Legislative Assembly or by his removal under the provisions of law which prohibits defection from one party to another or by the dissolution of the Assembly by a Presidential order or when such Member of Samithi-Member of the Legislative Assembly becomes Minister in the Cabinet in the State Assembly. It is only on the occurrence of one of these events that an election is contemplated for the post of a Chairman of the Samithi. The above become obvious by the text of sub-section (2) of Section 136 of the Act which is as follows:

(3.) In this context it is now relevant to refer to the Rules prescribed in terms of sub-section (2) of Section 136 of the Act. The Rules are called the Karnataka Taluk Panchayat Samithis (Transaction of Business) Rules, 1986 (hereinafter referred to as the Rules). By Rule 2(2) of the Rules, the term 'Act' and 'Secretary' and section are defined. The Act means the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983. Secretary means the Block Development Officer of a Taluk who is appointed by the Government to exercise the powers and functions of a Secretary of a Taluk Panchayat Samithi. Section means a section of the Act. Rules 3 of the Rules is the last Rules and comprises of sub-rules 1,2 and 3. Sub-rule (1) of Rule 3 of the Rules provides that the Taluk Panchayat Samithi shall meet for the transaction of its business at the office of the Taluk Panchayat Samithi during office hours. It further provides that the Chairman of the Taluk Panchayat Samithi shall determine the date and time of the meetings. According to which determination, the Secretary shall intimate to the members of the Taluk Panchayat Samithi the date and time of the meeting and the matters to be considered in such meeting. It further enjoins the Secretary, in consultation with the Chairman to prepare an agenda for such meeting which shall be read over and explained to the members of the Taluk Panchayat Samithi present at such meeting. Sub-rule(2) of Rule 3 of the Rules requires that the proceedings be recorded in writing i.e., the views, suggestions and general consensus of opinion in regard to the subject matter discussed. Sub-rule (3) of Rule 3 of the Rules provides that every meeting shall be presided over by the Chairman and if he is absent, the members present shall elect one from among themselves to preside.