ORDER

1. By the impugned judgment dated 30-6-2005 passed on various writ petitions that were filed in the High Court this year itself, the Karnataka Panchayat Raj (Reservation of Seats in Taluk Panchayats and Zila Panchayats) Rules, 1998 were held to be ultra vires and void and other consequential reliefs were granted while allowing the writ petitions.

2. By order dated 25-7-2005 leave was granted and on prayer for grant of interim relief, notice was issued by this Court. In terms of order dated 3-10-2005, this Court expressed the opinion that elections ought to be held and the same cannot be kept in abeyance indefinitely. In this view, the operation of the impugned judgment was directed to be stayed. This Court further directed that the elections held shall be subject to the result of this appeal.

3. It seems that in view of the order dated 3-10-2005, the appellant Karnataka State Election Commission has, on 14-11-2005, issued a calendar of events to conduct elections to 176 Taluk Panchayats and 27 Zila Panchayats in the State of Karnataka under Section 308 of the Karnataka Panchayat Raj Act, 1993. According to the said calendar of events, for the first phase, notification of election is to be issued on 23-11-2005. The calendar of events sets out the schedule for various steps to be taken including the dates of polling and counting of votes. Now these applications have been filed, one seeking an order of impleadment of the applicants as party-respondents and the other seeking vacation of the order dated 3-10-2005.

4. IAs Nos. 2 and 3 are allowed and the applicants are allowed to be impleaded.

5. We have heard learned Senior Counsel appearing for the parties on question of vacation of stay. Elections were last held in July 2000, the Rules held to be ultra vires by the High Court were made in the year 1998 and the writ petitions were filed in the year 2005. As already noted, the order which has led to the preparations being made and huge amounts spent for conduct of elections was passed by this Court on 3-10-2005, the calendar of events published on 14-10-2005 and the present applications have been filed on 16-11-2005. Under Article 243-E of the Constitution, the Panchayat elected in the year 2000 will continue for five years from the date appointed for its first meeting and no longer. The question is also about the applicability and interpretation of Article 243-O of the Constitution which bars interference by courts in electoral matters.

6. Having regard to the facts and circumstances of the case and having heard learned counsel and examined the constitutional provisions, prima facie, we are of the view that the question requires deeper consideration and that is the reason that leave was granted, as abovenoted. Having regard to the totality of the circumstances, we find no ground to vacate the order dated 3-10-2005 which, if vacated, would result in staying the elections which have already been directed to be held subject to the result of this appeal.

7. Accordingly, the application seeking vacation of the order dated 3-10-2005 is dismissed.