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2021 Supreme(Kar) 985

KRISHNA S. DIXIT, PRADEEP SINGH YERUR
Laxman Lakappa Ningannavar – Appellant
Versus
State of Karnataka, Through its Principal Secretary – Respondent


Advocates Appeared:
For the Appellant : Shri Jayakumar S. patil for Shri Vijay K. Naik.
For the Respondents: Shri G.K. Hiregoudar.

JUDGMENT :

1. All these Intra–Court Appeals seek to lay a challenge to the orders of the learned Single Judge, whereby in substance the prayer for a direction to the State Government and the State Election Commission, to elongate the tenure of elected Members of the local bodies by setting aside the appointment of Administrators, has been negatived.

2. The learned Government Advocate appearing for the State vehemently resists these appeals making submission in justification of the impugned orders and the reasons on which they have been structured.

3. Having heard the learned counsel for the parties and having perused the papers, we decline to grant indulgence in the matter for the following reasons:

(a) The tenure of elected local bodies like the panchayat & municipality, regardless of their varying nomenclatures is constitutionally fixed as being ‘five years from the date appointed for its first meeting and no longer’ vide the Constitution (Seventy Third Amendment) Act, 1992 w.e.f. 24.04.1993 & the Constitution (Seventy Fourth Amendment) Act 1992 w.e.f. 01.06.1993; acceding to the prayer of the writ petitioners and thereby directing the respondent-State & the Election Commission t

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