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1991 Supreme(Kar) 163

K.S.BHATT, R.RAMAKRISHNA
C. NARAYANASWAMY – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
C.SHIVAPPA, CHENNA BASAPPA DESAI, H.K.Vasudeva Reddy, P.VISHWANATH SHETTY, R.GANGADHAR, R.GURUNATH, T.R SUBBANNA

SHIVASHANKAR BHAT, J.

( 1 ) THESE writ petitions are by a few of the Adhyakshas and Upadhyakshas of Zilla Parishads challenging the validity of the Karnataka Ordinance No. 2 of 1991 promulgated on lst February, 1991. By this Ordinance Sec. 167 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (for short, 'the Act') was amended by deleting the words "not less than two-thirds of" found in sub-section (3) thereof. By this amendment the Adhyakshas and Upadhyakshas of Zilla Parishads could be removed by a resolution passed by a simple majority of the members instead of the earlier requirement of two-thirds majority.

( 2 ) THE Act was enacted in the year 1983, but it was enforced in the year 1985. Various local governments were constituted under the Act such as Mandal Panchayats (for the villages), Taluk Panchayat Samithis at the Taluk level and Zilla Parishads for the District level, excepting the areas covered by the Town Municipalities and City Corporations. The members of the Zilla Parishad are substantially elected by the voters directly. However, members of the State Legislature are also treated as members. The members of t














































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