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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 02^nd DAY OF JULY 2021

BEFORE

THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

WRIT PETITION No.101931/2021 (LB-ELE)

BETWEEN:

SRI. EKANATHARADDY

S/O. BHEEMARADDY BHANUVALLI

AGED ABOUT 64 YEARS,

OCC. EX-PRESIDENT OF

ZILLA PANCHAYAT, HAVERI,

R/O. GUDAGUR, TQ. RANEBENNUR,

DIST. HAVERI-581115

...Petitioner

(By Sri. AVINASH BANAKAR, ADV.)

AND

1 . STATE OF KARNATAKA

R/BY ITS SECRETARY (Z.P.)

DEPARTMENT OF RURAL DEVELOPMENT

AND PANCHAYAT RAJ,

VIKAS SOUDHA, BENGALURU-560001

2 . THE DEPUTY COMMISSIONER

HAVERI, DIST. HAVERI-581110

3 . THE CHIEF EXECUTIVE OFFICER

ZILLA PANCHAYAT,

HAVERI-581110, DIST. HAVERI

4 . THE DISTRICT IN-CHARGE SECRETARY

AND THE ADMINISTRATOR,

HAVERI ZILLA PANCHAYATH,

HAVERI (WHO IS ALSO HOLDING

THE POST OF THE SECRETARY,

DEPARTMENT OF LABOUR,

THE STATE COMMISSIONER,

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REHABILITATION AND

RESTRUCTURE) - 581110

…..Respondents

(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1, R2 & R4;

R3 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A

WRIT ORDER OR DIRECTION, IN THE NATURE OF CERTIORARI,

QUASHING THE ORDER BEARING NO.GrAaPamRa 212 GPaS 2021

BANGALORE DATED 26-04-2021 PASSED BY THE 1ST RESPONDENT

AS PER ANNEXURE C IN SO FAR AS IT RELATES TO HAVERI ZILLA

PANCHAYTH, AS ILLEGAL, ARBITRARY AND ONE PASSED IN

VIOLATION OF THE CONSTITUTION OF INDIA; 2. ISSUE A WRIT IN

THE NATURE OF MANDAMUS DIRECTING THE 1ST RESPONDENT TO

CONTINUE THE PETITIONERS COMMITTEE TO HAVERI ZILLA

PANCHAYAT TILL CONDUCTING OF NEXT ELECTION.

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

This writ petition is directed against the order dated

26.04.2021 passed by the 1^st respondent to appoint an

Administrator to Zilla Panchayat under Section 321 of the

Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘the

Act’ for short).

2.

The petitioner is the member of Zilla Panchayat

having been elected for a term of 5 years. The term is over.

As per Article 243E(3)(a) of the Constitution of India, the

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election to the Constituency of Panchayat shall be

completed before the expiry of its duration. Since the term

of the Panchayat has been expired, the 1^st respondent

without conducting any election has issued impugned

notification-Annexure-C appointing the Administrator. This

is contrary to Article 243E(3)(a) of the Constitution of

India.

3.

Per contra, Shri Shivaprabhu S Hiremath,

learned Additional Government Advocate appearing for the

State has contended that due to Covid-19 pandemic, the

State was unable to conduct the election. Therefore, they

have issued impugned notification-Annexure-C appointing

the Administrator to the Zilla Panchayat till the election is

held. Now the Election Commission has issued a draft

notification reserving constituency in respect of Zilla

Panchayats on 01.07.2021. Therefore, the Government is

making all efforts to conduct the election.

4.

In view of the said notification, the State

Government has taken steps to conduct the election and

the Election Commissioner has already issued a notification

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for

reservation

of

constituency

in

respect

of

Zilla

Panchayats on 01.07.2021.

5.

Under such circumstance, the prayer sought for

by the petitioner will not survive for consideration. The only

direction that can be issued to the State Government is to

hold elections to the Zilla Panchayats as expeditiously as

possible.

6.

With that observation, the above writ petition is

disposed off.

All the contentions of the parties are left open.

Sd/-

JUDGE

Kgk