Case Note & Summary
The petitioners, residents of various Grama Panchayats in Mangaluru Taluk, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the final notification dated 30.11.2020 issued by the Karnataka State Election Commission delimiting wards of Grama Panchayats. The petitioners contended that the final notification was issued without providing them an opportunity of hearing, violating principles of natural justice. They also argued that the delimitation was arbitrary and not in accordance with the Karnataka Panchayat Raj Act, 1993. The respondents, including the State of Karnataka and the Election Commission, opposed the petition, stating that the draft notification was published, objections were invited, and after considering objections, the final notification was issued. The court examined Section 5 of the Act and relevant rules, noting that the process of delimitation is a legislative function. The court observed that the Act does not require a hearing before issuance of the final notification; the only requirement is publication of draft notification and consideration of objections. Since the petitioners did not file objections to the draft notification, they could not complain of violation of natural justice. The court dismissed the petition, holding that the final notification was valid and no interference was warranted.
Headnote
A) Panchayat Raj - Delimitation of Wards - Final Notification - Natural Justice - Section 5 of Karnataka Panchayat Raj Act, 1993 - Petitioners challenged final notification of delimitation of wards of Grama Panchayats on ground that no opportunity of hearing was given before issuance of final notification - Court held that the Act does not mandate any hearing before issuance of final notification; the process of delimitation is a legislative function and not quasi-judicial - Petitioners had opportunity to file objections to draft notification but did not avail - Held that final notification cannot be challenged on ground of violation of natural justice (Paras 8-12).
Issue of Consideration
Whether the final notification of delimitation of wards of Grama Panchayats issued under Section 5 of the Karnataka Panchayat Raj Act, 1993 is vitiated for want of opportunity of hearing to the petitioners before its issuance.
Final Decision
Writ petition dismissed. The final notification of delimitation is upheld. No order as to costs.
Law Points
- Natural justice
- delimitation of constituencies
- final notification
- opportunity of hearing
- Section 5 of Karnataka Panchayat Raj Act
- 1993
