LAKSHMAPPA KALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE questions that would arise for consideration in all these petitions, are the same and identical. Hence, all these petitions are heard together and disposed of by this common order.

(2.) THE substantial question that would arise for consideration in these petitions is with regard to the constitutional validity of sub-sec. (2) of S. 159 and sub-sec. (3) of S. 179 of the Karnataka Panchayat Raj Act, 1993, in so far as they do not permit the non-elected members of Zilla Panchayat to participate and vote in the meeting convened for the purpose of considering the 'no confidence motion' moved against the Adhyaksha and Upadhayksha of the Panchayat.

(3.) PETITIONERS 1 and 2 in writ petition No. 7131/1999 are the Adhyaksha and Upadhyaksha of Bagalkot Zila Panchayat, Bagalkot (hereinafter referred to as "the Panchayat" ). They were so elected as Adhyaksha and Upadhyaksha of the Panchayat in the election held on 22nd of April 1998. The term of office of Adhyaksha and Upadhyaksha is 20 months.