Heard the learned counsel appearing for the parties.

2.

In this writ petition, the petitioner is assailing

notice dated 04.08.2023 issued by the respondent No.3

interalia sought for direction to the respondent No.3 to

issue fresh calendar of election of the Adhyaksha and

Upadhyaksha of respondent No.2-Gram Panchayat.

3.

It is the case of the petitioner that the

petitioner has contested for Gram Panchayat election held

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during December-2020 from Ward No.8 of Syed Chincholli,

Kalaburagi taluk and district, which was reserved for

Scheduled Caste category. The respondents have issued

the election notice dated 19.07.2023, specifying the

events to be made in the electioneering process for the

post of Adhyakshya and Upadhyaksha of Taj Sultanpur

Gram Panchayat, reserving the roster according to

Annexure-C. After issuance of election notice dated

19.07.2023, for the second term of 30 months of the

aforementioned posts, the electioneering process was not

conducted on account of valid requirement of quorum and

as such, the Returning Officer postponed the election to

11.08.2023 as per notice dated 04.08.2023 (Annexure-D).

4.

It is the grievance of the petitioner that the

Returning Officer is not the authority under law to issue

notice dated 04.08.2023 (Annexure-D) postponing the

election without issuing the fresh election events and

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being aggrieved by the same, the present writ petition is

filed.

5.

Heard

Sri.

D.P.Ambekar,

learned

counsel

appearing for the petitioner and Sri. Shivakumar R.

Tengli., learned Additional Government Advocate for

respondent No.1 and Sri.Ashok B.Mulge, learned counsel

for impleading applicant i.e., respondent No.4.

6.

Sri D.P.Ambekar, learned counsel appearing for

the petitioner contended that the impugned notice dated

04.08.2023 (Annexure-D) suffers from infirmity on the

ground that the same is contrary to section 53 of the

Karnataka Gram Swaraj and Panchayat Raj Act, 1993. (for

short, hereinafter referred to as ‘the Act’). It is the

submission of learned counsel appearing for the petitioner

that the moment the electioneering process is adjourned

on account of non-availability of required quorum, the

respondents ought to have issued the fresh notice for

conducting the election.

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7.

Sri. Shivakumar R. Tengli., learned Additional

Government Advocate for respondent No.1 submitted that

proviso to section 53 of the Act, provides that if there is no

quorum on the date of the election, the Returning Officer

shall adjourn the meeting specifying the next date. In the

event on the specified date also if there is no quorum, the

Retuning Officer is bound to conduct election and

thereafter, the Retuning Officer shall adjourn the motion of

election meeting to the next working day and accordingly,

sought for dismissal of the writ petition.

8.

Sri Ashok B. Mulge, learned counsel appearing

for the impleading applicant argued that the impleading

applicant is a member of the Gram Panchayat and has

filed nomination for the post of Upadhyaksha and his

nomination was accepted and as there was shortage of

quorum, the electioneering process was adjourned to

11.08.2023 and accordingly, sought for early disposal of

the writ petition.

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9.

Having heard the learned counsel appearing for

the parties, perusal of the writ petition would indicate that

the respondent authorities have issued the calendar of

events on 19.07.2023, (Annexure-C) fixing the date of

election on 04.08.2023. It is also not in dispute that there

was no required quorum on 04.08.2023 to conduct the

election and as such, the Retuning Officer postponed the

election to 11.08.2023 at 10.00 A.M. as per Annexure-D to

the writ petition.

10.

In this regard, the relevant provision to be

considered is proviso to section 53 of the Act. Section 53

of the Act reads as under:

53.Quorum and Procedure.

(1) The quorum for a

meeting of the Grama Panchayat shall be [one-half] of the

total number of members. If at the time appointed for the

meeting a quorum is n