P. VISHWANATHA SHETTY, J.

( 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.

( 4 ) THE petitioner in Writ Petition No. 6870/1999 is an elected member of the Legislative Council from Bijapur Constituency.

( 5 ) THE petitioner in writ petition No. 6557/1999 is an elected member of the Legislative Council from Bagalkot District representing local body of the District.

( 6 ) THE petitioner in writ petition No. 6558/1999 is a member of the Legislative Assembly from Badami Constituency, which is a part of Bagalkot District.

( 7 ) BAGALKOT Zilla Panchayat was earlier part of Bijapur Zila Panchayat. Consequent upon the bifurcation of Bijapur District as two districts viz. , Bijapur District and Bagalkot District, Bagalkot Zilla Panchayat came to be constituted. Bagalkot Zilla Panchayat consists of 27 elected Zilla Panchayat members; six Taluk Panchayat Adhyakshas; seven members of the Legislative Assembly; four members of the Legislative Council and one member of the Parliament; and in all, the Panchayat consists of 45 members.

( 8 ) BY means of an amendment made to the Constitution by means of the Constitution (Seventy-Third Amendment) Act, 1992, Part-IX consisting of Arts. 243 to 243-0 came to be incorporated into the Constitution and the same had come into force with effect from 24th of April 1993. Article 243-B of the Constitution provides for the constitution of Panchayats at the village, intermediate and district levels in accordance with Part-IX of the Constitution. The State of Karnataka has passed an Act (Act No. 14/1993) known as "karnataka Panchayat Raj Act, 1993 (hereinafter referred to as "the Act"), which came into force with effect from 10th of May 1993. Section 158 of the Act provides for the establishment of Zilla Panchayat. Section 159 of the Act provides for the constitution of a Zilla Panchayats and the said section, as amended by means of Act No. 29/1997, reads as hereunder :"159. Constitution of Zilla Panchayat.- (1) Every Zilla Panchayat shall consist of,- (i) the elected members as determined under S. 160; (ii) the members of the House of People and the members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district; (iii) the members of the Council of State and the members of the State Legislative Council who are registered as electors within the district; and (iv) the Adhyakshas of Taluk Panchayats in the district. (2) The members of the House of people, the State Legislative Assembly, the Council of States and the Legislative Council and the Adhyaksha of Taluk Panchayat referred to in clauses (ii), (iii) and (iv) of sub-section (1) shall be entitled to take part in the proceedings of, and vote at, the meetings of Zilla Panchayat except at a special meeting convened for the purpose of election of Adhyakshas and Upadhyakshas under sub-sec. (1) of S. 177 or for considering a no confidence motion under sub-sec. (3) of S. 179. (3) Notwithstanding anything contained in this section or Ss. 160, 161 and 162 but

Click Here to Read the rest of this document