Case Note & Summary
The petitioner, Sri U.V. Sridhar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging two orders passed by the President of the Zilla Panchayat, Shivamogga (respondent No.2). The first order was dated 31-01-2014 and the second order was dated 22-02-2014, which purported to review the earlier order. The petitioner claimed to be the absolute owner of property in Sy.No.29 of Anavatti Village, Sorab Taluk, Shimoga District, inherited from his father. The dispute pertained to the said property and the orders passed by the Zilla Panchayat President. The petitioner sought quashing of both orders. The respondents included the State of Karnataka, the Zilla Panchayat, the Taluk Panchayat, the Gram Panchayat, and two private individuals (respondents 5 and 6). The court heard arguments from the counsel for the petitioner, the Additional Government Advocate for respondent No.1, the counsel for respondent No.2, and the Senior Counsel for respondents 5 and 6. The core legal issue was whether the President of the Zilla Panchayat had the power to review his own order dated 31-01-2014 by passing the subsequent order dated 22-02-2014. The court noted that the Karnataka Panchayat Raj Act, 1993 and the Rules framed thereunder do not contain any provision conferring power of review on the President or any authority under the Act. The court held that power of review is not an inherent power and must be expressly conferred by statute. Since no such power existed, the order dated 22-02-2014 was without jurisdiction and void ab initio. The court allowed the writ petition, quashed the order dated 22-02-2014, and restored the order dated 31-01-2014. The court did not examine the merits of the earlier order.
Headnote
A) Panchayat Raj - Review Power - Absence of Statutory Authority - Karnataka Panchayat Raj Act, 1993 - The President of the Zilla Panchayat passed an order on 31-01-2014 and subsequently passed another order on 22-02-2014 reviewing the earlier order. The Court held that in the absence of any provision in the Act or Rules conferring power of review, the order dated 22-02-2014 is without jurisdiction and void ab initio. The Court relied on the principle that power of review is not an inherent power and must be expressly conferred by statute. (Paras 4-6) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Maintainability - The Court entertained the writ petition challenging the orders of the Zilla Panchayat President, holding that the orders being quasi-judicial in nature are amenable to writ jurisdiction. The Court quashed the review order and restored the earlier order dated 31-01-2014. (Paras 1, 6)
Issue of Consideration
Whether the President of the Zilla Panchayat has the power to review his own order dated 31-01-2014 by passing a subsequent order dated 22-02-2014, in the absence of any statutory provision conferring such power under the Karnataka Panchayat Raj Act, 1993 or the Rules framed thereunder.
Final Decision
The writ petition is allowed. The order dated 22-02-2014 passed by the President of the Zilla Panchayat, Shivamogga is quashed. The order dated 31-01-2014 stands restored. No order as to costs.
Law Points
- Review power must be expressly conferred by statute
- absence of review power renders review order void ab initio
- writ petition maintainable against quasi-judicial orders of Panchayat authorities
