Back
Karnataka High Court
SHANKARAPPA - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 09-11-06
Writ Petition No. 22448 of 2005 (LB).
Karnataka Panchayat Raj Act, 1993- Democratically held election - Section 8 - Democratically held election - Frustration of - Legislative intent. [B.S. Patil, J]: Looked from another angle also, that is to say from the point of view of the voters who have voted in the election and the persons who have got elected in a democratically held election, it cannot be said tht the legislature intended to frustrate the process by annulling here that for various reasons voters in a particulars place may resort to sboycotting the lection process. If the result of such undemocratic act on the part of any section of the society were to render the other elected members lose their membership then it would definitely appear to be ioological and irrational. Such an effect the legislature has not intended to achieve while enacting these provisions u/s 5 and 8 of the Act. Therefore, in my considered view, the legislative intent, if properly understood would only mean that the effect of the expression the elected members ofthe Grama Panchayat cease to be the members as used in S.8(3) is to state that for the purpose of exercising their duties and not to state that their seats get vacated and the posts become vacabt requiring fresh election.
Karnataka Panchayat Raj Act, 1993- Administrative Committee or Administrator - Section 8 - Administrative Committee or Administrator - Appointment of - Effect. [B.S. Patil, J]: The question that falls for consideration is the fate of the elected members of the Grama Panchayat for which Administrator is appointed or an Administrative Committe is appointed u/s 8 (1) (b). The expression in sub clause (3) of Section 8 stating that upon the appointment of the Administrator or the Administrative Committee by the Deputy Commissioner, the persons who were chosen as members of the Grama Panchayat earlier to such appointment shall cease to be members of the Grama Panchayat and all powers and duties of the Panchayat shall be exercised and performed by the Administrative Committee or the Administrator has to be understood keeping in mind the provisions contained in sub clause (6) of Section 5. Both these provisions have tobe harmoniously construed. If it is held that all the 10 elected members, in the instant case, cease to be the members of the Grama Panchayat and that they automatically vacate heir membershi then the intendment of the legislature spelt out in sub clause (6) of Section 5 in directing that within one month from the date on which the names of the elected members are published, the Deputy Commissioner shall have to arrange another election for election of such number of members as will make up the required number of members of the Panchayat would get negated. Moreover, if that were to be te intendment then the legislature would have made it explicit in Section 8, the consequence to follow and would hjave mandated in explicit terms that elections have to be held to the entire body of the Grama Panchayat consisting of the total number of members. Such a declaraion is not made in the provisions contained u/s 8. On the other hand sub Secton (6) of Section 5 specifically provides without enacting any restriction that for the remaining number of members for which no candidate is elected fresh election has to be held within one month. If the legislature had intended that only if the minimum of 2/3rd members are returned and for some reason the remaining members are not elected then re-election as contemplated u/s 6 is permissible and not otherwise the same would have been enacted in the provision. This cannot be read into these provisions presuming that there is an omission in this regard.
Local Government - Local body - Property of - Disposal.
Karnataka Panchayat Raj Act, 1993- Constitution of Grama Panchayat - Section 5 - Constitution of Grama Panchayat - Grama Panchayat consists of such number of elected members as are notified from time to time by State Election Commission at rate of one member for every 400 population or part thereof - Seats are reserved for different categories as provided under Section 5(2) to (4) - If for any reason, required number of memebers as specified in sub section (1) are not elected to Grama Panchayat, then Deputy Commissioner shall within one month from date on which names of elected members are published arrange another election for election of such number of members as will make up required number - Expression such number of persons as would make up required number would mean that if 5 members out of 15 are not elected, election has to be held for remaining 5. [B.S. Patil, J]: If in a given case 10 members are not elected out of 20, the election has to be held for the remaining 10. Sub clause (7) states that notwithstanding anything contained in sub section (1) or sub section (6) of Section 5 where 2/3rd of the total number of members of any Grama Panchayat have been elected the Grama Panchayat shall be deemed to have been duly constituted under the Act. Thus if Section 5 is independently examined, what emerges is that elections have to be held to the required number of posts as are notified by the Election Commission and if for any reason, the required number of members are not elected, in so far as such number ofmembers as are not elected, the Deputy Commissioner shall have to hold election within one month from the date on which the names of elected members are published. If 2/3rd members are returned in the election, then the Grama Panchayat shall be deemed to have been duly constituted under the Act independent of the duty cast on the Deputy Commissioner to hold fresh election for the remaining seats.
An interesting question falls for consideration in this case. The background facts are as under:
2. The 3rd respondent-Chabbi Grama Panchayat has 20 members out of which 10 are to be elected from Chabbi Village and the remaining 10 to be elected from Sherewadi Village. General election for the Grama Panchayat were held on 27-2-2005. The two petitioners herein along with 8 others were duly elected from Sherewadi Village. The Election Officer issued a declaration in this regard on 1-3-2005, However, as regards the 10 contestants from Chabbi Village, as the entire village boycotted the election, the elections could not be held. As election for the remaining 10 seats was not held, the petitioners made a representation to the Taluk Panchayat, Hubli and to the Deputy Commissioner, Dharwad, requesting them to conduct elections for the remaining 10 seats of Chabbi Village. The Deputy Commissioner forwarded the request of the petitioners to the State Election Commission.
3. In the meanwhile, as required number of members were not elected to constitute the quorum, the Deputy Commissioner appointed an Administrator under Section 8(3) of the Karnataka Panchayat Raj Act, 1993 (for short, 'the Act') to the 3rd respondent-Grama Panchayat. As to steps were taken for holding election for the remaining 10 seats of the Grama Panchayat and as the Administrator appointed came to be continued, the petitioners have approached this Court seeking a direction to hold election for the remaining 10 seats of Chabbi Village.
4. In the meanwhile, the Election Commission notified elections for all the 20 posts of the Grama Panchayat. Petitioners moved an application on 28-9-2005 seeking an additional prayer to quash the publication dated 27-9-2005 vide Annexure-F issued by the 4th respondent insofar as it pertains to holding elections for the 10 seats of Sherewadi Village. This Court by an interim order dated 28-9-2005 has stayed elections to the 10 seats of Sherewadi Village. Subsequently, by order dated 26-10-2005, the request made by the respondent-State Election Commission for vacating the interim order has been rejected.
5. Learned Senior Counsel Sri Jayakumar S. Patil appearing for the petitioners contends that the action of the respondents in notifying to hold election for the 10 seats of Chabbi Grama Panchayat comprising Sherewadi Village is illegal and without authority of law. He draws the attention of the Court to Section 5(6) of the Act, to contend that if for any reason, the election to any Grama Panchayat does not result in the election of required number of members, the Deputy Commissioner is enjoined with a duty to arrange for another election for electing such number of members as will make up the required number, within one month from the date on which the names of the elected members are published by him. He therefore, contends that the Deputy Commissioner ought to have arranged for another election for electing the 10 members to be elected from Chabbi Village as the voters there had boycotted voting. In this connection itself, learned Senior Counsel drawing the attention of the Court to Section 8 of the Panchayat Raj Act, submits that the provisions contained in sub-section (3) of Section 8 which provides that the members of the Grama Panchayat, on the appointment of an Administrative Committee shall cease to be members of the Grama Panchayat is only for the purpose of exercise of their powers due to the failure to elect number of members to constitute the quorum. His submission is that the expression the members of the Grama Panchayat shall cease to be the members of the Grama Panchayat as used in subsection (3) of Section 8 has to be understood to mean that they cannot exercise their powers and duties as members of the Grama Panchayat when the Administrative Committee or an Administrator as appointed under sub-section (1) of Section 8 and not that they vacate their office entailing fresh election for the posts held by them. In thi
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
