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2000 Supreme(Kar) 273

Karnataka High Court
STATE OF KARNATAKA - Appellant
Versus
LAKSHMAPPA KALLAPPA, BALAGANUR - Respondent
Decided On : 04-10-00
W.A. : 4606 of 2000

Advocates:
A.N.JAYARAM NAIDU, A.NAGARAJAPPA, B.V.ACHARYA RAO, C.H.JADHAV, H.S.Jois, JAYAKUMAR S.PATIL, JAYAPRAKASH REDDY, K.P.Rao, M.H.SAWKAR, MOHAN SHANTANA GOUDAR, PRAVIN RAIKOTE, Ravindra Patil, SHANTESH GURREDDI, UDAYA HOLLA, V.T.RAYA REDDY

Headnote:Constitution of India-Article 243-C(4) and (5) (b) and Entry 5 of List II-State list of Seventh Schedule, Karnataka Panchayat Raj Act, 1993-Sections 120(2), 140(3), 159(2) and 180(2) -No-confidence motion for removal of chairperson of Taluk Panchayat or Zilla Panchayat-When chair person of the Zilla Panchayat and Taluk Panchayat are elected by only elected members, there is nothing wrong for provide right to participate and vote in the no-confidence motion by the same members.

       

Y. BHASKAR RAO, C. J.

( 1 ) WRIT appeals are filed by the state of Karnataka and others assailing the judgment of the learned singe judge declaring sub-section (2) of Section 159 of the Karnataka panchayat RAJ Act, 1993 (hereinafter called as the 'act') to the extent it prohibits the members of the house of the people, the state legislative assembly, the council of states, the state legislative council and adhyakshas of taluk panchayats, referred to in clauses (ii) to (iv) of sub-section (1) of Section 159 of the Act, from participating in the meeting convened for considering the no-confidence motion moved against the adhyaksha and upadhyaksha of a zilla panchayat under sub-section (3) of Section 179 of the Act, is illegal, void and unconstitutional and declaring that the words "or for considering a no-confidence motion under sub-section (3) of Section 179" contained in sub-section (2) of Section 159 of the act are struck down as void and unconstitutional; further, declaring sub-section (3) of Section 179 of the act to the extent it prohibits the members of the house of the people, the state legislative assembly, the council of state, the state legislative council and adhyakshas of taluk panchayats, from participating in the meeting convened for considering no-confidence motion against the adhyaksha and upadhyaksha of a zilla panchayat is illegal, void and unconstitutional in law. Accordingly, the word "elected" found immediately after the words "majority of the total number of and before the words "members of a zilla panchayat at a meeting specially convened for this purpose" in sub-section (3) of Section 179 of the Act, is struck down as unconstitutional and quashing the meeting notice dated 25th of February, 1999 issued by the chief executive officer of bagalkot zilla panchayat.

( 2 ) WRIT appeals are filed aggrieved of the judgment of the learned single judge and writ petitions which are filed challenging the validity of some of the Provisions of the act are also posted along with the writ appeals. Since interpretations of the Provisions of the Constitution and Provisions of the act arise in all these cases, they are disposed of by a common judgment.

( 3 ) FOR the purpose of convenience, we are referring to the facts in brief by referring the ranking of the parties as petitioners and respondents. I. Re: w. a. nos. 4606 to 4609 of 1999: petitioners 1 and 2 in writ petition No. 7131 of 1999 are the adhyaksha and upadhyaksha of bagalkot zilla panchayat (hereinafter referred to as the 'panchayat' ). They were 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. The petitioner in W. P. No. 6870 of 1999 is an elected member of the legislative council from bijapur constituency. The petitioner in writ petition No. 6557 of 1999 is an elected member of the legislative council from bagalkot district representing local body of the district. The petitioner in writ petition No. 6558 of 1999 is a member of the legislative assembly from badami constituency, which is a part of bagalkot district. Bagalkot zilla panchayat was earlier part of bijapur zilla 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. A meeting notice dated 25th of February, 1999 was issued by the chief executive officer of the bagalkot zilla panchayat convening a special meeting of the panchayat on 6th of March, 1999 to consider the no-confidence motion against petitioners 1 and 2 in W. P. No. 7131 of 1999. Therefore, the writ petition was filed challenging the constitutional
























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