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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 07^TH DAY OF DECEMBER, 2021

BEFORE

THE HON9BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION NO.22448 OF 2021 (LB-ELE)

BETWEEN:

SRI. I.Y. DEVARAJ

S/O YEDIYURAIAH

AGED ABOUT 42 YEARS

MEMBER

IPPADI GRAMA PANCHAYATH

KUNIGAL TALUK

TUMKUR DISTRICT - 572 126 .... PETITIONER

(BY SRI. NAVEEN J.N., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

DEPARTMENT OF RURAL

DEVELOPMENT AND PANCHAYATH RAJ

M.S. BUILDING

DR. AMBEDKAR VEEDHI

BANGALORE - 560 001

REP. BY ITS PRINCIPAL SECRETARY.

2.

THE STATE ELECTION COMMISSION

1^ST FLOOR, NO.8

CUNNINGHHAM ROAD

BANGALORE - 560 052

REP. BY ITS COMMISSIONER

3.

THE DEPUTY COMMISSIONER

TUMKUR DISTRICT

TUMKUR - 572 101.

4.

THE ASSISTANT COMMISSIONER

TUMKUR SUB DIVISION

TUMKUR - 572 101

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5.

THE TAHASILDAR

KUNIGAL TALUK

TUMKUR DISTRICT - 572 130.

6.

THE RETURNING OFFICER/

PRESCRIBED OFFICER

BLOCK EDUCATION OFFICER

KUNIGAL TALUK

TUMKUR DISTRICT - 572 130.

... RESPONDENTS

(BY SMT. PRATHIMA HONNAPURA, AGA FOR R1, R3 TO R6)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH THE INTIMATION

DATED:30.11.2021 ISSUED BY THE R5 MARKED AT ANNEXURE-B

TO WRIT PETITION DIRECT THE RESPONDENTS TO POSTPONE THE

ELECTION OF ADHYAKSHA TO THE GRAM PANCHAYATH OF IPPADI

GRAMA PANCHAYATH KUNIGAL TALUK, TUMKUR DISTRICT TILL

THE COMPLETION OF ELECTION TO THE POST OF MEMBER WHICH

FELL VACANT DUE TO THE DEATH OF A MEMBER WHICH

SCHEDULE

ON

27.12.2021

AS

PER

ANNEXURE

-

A

BY

CONSIDERING THE REPRESENTATIONS ADDRESSED BY THE

PETITIONER MARKED AT ANNEXURE-C, D, E AND F DATED

1.12.2021 TO THE WRIT PETITION AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Heard Sri.Naveen.J.N, learned counsel for the petitioner

and Smt.Prathima Honnapura, learned Additional Government

Advocate for Respondents 1, 3 to 6.

2. The petitioner is before this Court calling in question

the notification of election to the post of Adhyaksha of Ippadi

Gram Panchayath by the notification dated 30.11.2021.

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3. Learned counsel appearing for the petitioner would

emphasize on the fact that a member of the Gram

Panchayath died on 22.05.2021 and to fill up the vacancy

caused on account of the death of the member, the Election

Commission has notified Calender of Events on 29.11.2021 to

various Panchayaths which includes Ippadi Gram Panchayath.

Subsequently, on the very next day, the State Government

has issued a notification drawing up Calender of Events for

the election to the post of Adhyaksha of the said Gram

Panchayath. The petitioner is a member of the Gram

Panchayath who is always entitled to vote in the election to

the post of Adhyaksha as is notified on 30.11.2021.

4. The submission of the learned counsel for the

petitioner is that the election to the post of Adhyaksha of the

Gram Panchayath will have to wait the election of the

member of the Gram Panchayath is unacceptable on a plain

reading of Section 53 of the Karnataka Grama Swaraj and

Panchayath Raj Act, 1993 (hereinafter referred to as 'the

Act'). Proviso to Section 53 of the Act makes it clear the

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quorum for election to the post of Adhyaksha or Upadhyaksha

of the Ippadi Gram Panchayath is 1½ of the total strength.

5. Therefore, in the absence of a member of the Gram

Panchayath, which has now become vacant due to the death

of a particular member will not come in the way of election to

be conducted for the post of Adhyaksha of the Gram

Panchayath slated to be held on 10.1