K.R.PRASADA RAO, ASHOK BHAN
B. K. CHANDRASHEKAR – Appellant
Versus
STATE OF KARNATAKA – Respondent
( 1 ) THIS order shall dispose of these two petitions filed as public interest litigation seeking the same relief though on different grounds to issue a writ of mandamus directing the Karnataka State Election Commission (for short, 'the Commission') to hold election to the Gram Panchayats in the State of Karnataka so that new elected body in each Panchayat is constituted well within time as mandated under Article 243-E of the Constitution of India irrespective of the Karnataka Panchayat Raj Amendment Ordinance No. 1/99 (Ordinance) amending the Karnataka Panchayat Raj Act, 1993. In W. P. 3826/99 the vires of the ordinance have been challenged whereas in W. P. 3679/99 the vires of the ordinance have not been challenged.
( 2 ) ). In W. P. 3679/99 it has been averred that under Article 243e the duration of the Panchayat is five years from the date appointed for its first meeting and its duration cannot be extended any further. So also an election to constitute a Panchayat should be completed before the expiry of the said five year term and the responsibility of conducting such elections vests with the State Election Commission. The term of existing Panchayats is to expire
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