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2000 Supreme(Kar) 85

T.S.THAKUR
S. MAHADEVAIAH – Appellant
Versus
SECRETARY,DEPT. OF RURAL DEVELOPMENT AND PANCHAYAT RAJ – Respondent


Advocates:
C.JAGADISH, JAYAKUMAR S.PATIL, K.N.Puttegowda, L.G.HAVANUR, LAKSHMINARAYAN, P.G.C.Chengappa, PRABHULING K.NAVADGI

TIRATH S. THAKUR, J.

( 1 ) A short but interesting question relating to the term of office admissible to the President and Vice President of a Zilla Panchayat constituted under Section 302-A of Karnataka Panchayat Raj Act, 1993, falls for consideration in these petitions. The answer to the question turns on a true and correct interpretation of Sections 177 and 302-A of the Act. The controversy arises in the following circumstances :-

( 2 ) ). During the term of office of the Members of the concerned Zilla Panchayats of the existing revenue Districts the State constituted seven new Districts of Haveri, Udupi, Chamrajnagar, Davangere, Koppal, Gadag and Bagalkot. New Zilla Panchayats for the newly created districts were established in terms of S. 302-A of the Act, and elections to the posts of President and Vice President of the newly constituted Panchayats, held in April, 1998. Twenty months later by a Notification dated 3rd of December, 1999, the State Election Commission notified reservations for schedule caste, schedule tribe, and Women candidates in the Zilla Panchayats of the new Districts in terms of Sec. 177 (2) of the Act. The Notification was meant to be a prelude to the holdi














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