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1997 Supreme(Kar) 498

S.R.BANNURMATH, R.P.SETHI
RANIYAMMA – Appellant
Versus
M. HEMALA NAYAKA – Respondent


R. P. SETHI, C. J.

( 1 ) INVOKING writ jurisdiction of this Court under Article 226 of the Constitution of India the respondents prayed for the issuance of writ of quo-warranto against appellants restraining them from functioning as the Adhyaksha of the Shimoga District Zilla Panchayath and Kulugatte gram Panchayath. Writ Petitions were allowed vide orders passed by the learned Single Judge, which have been impugned in these appeals. As the questions of law involved are common, these appeals are being disposed of by a common judgment.

( 2 ) WRIT petitioners in W. P. Nos. 12797/97 c/w W. P. Nos. 12386; 12723; 12757-60; and 12607/1997 are the residents of Zillia Panchayat, Shimoga. They submitted that Shimoga district Zilla Panchayat comprised of 41 elected members from the specified constituencies in the district of Shimoga. Out of the said 41 elected members, 8 belong to the Scheduled Castes including 3 women members elected for the Constituencies reserved for the Schedule Caste women. Two seats are reserved for Scheduled Tribe including one for Scheduled Tribe women. Reservation was also alleged to have been provided for the office of Adhyaksha and upadhyaksha of the Zilla Panch













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