Case Note & Summary
The appeal arises from a writ petition filed by the first respondent, a former Adhyaksha of Yalagod Gram Panchayat, who had resigned on 8 March 2019 under Section 48 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The Assistant Commissioner conducted an inquiry and reported that the resignation was voluntary. On 26 March 2019, the Deputy Commissioner declared the post vacant and initiated the election process. However, on 2 April 2019, the Deputy Commissioner withdrew the election notification. This led to multiple writ petitions. The appellant and other members challenged the withdrawal in W.P. No. 201914/2019, and the first respondent challenged a subsequent election memorandum in W.P. No. 201971/2019. During the pendency of these petitions, on 16 April 2019, the Deputy Commissioner accepted the resignation. The first respondent then filed W.P. No. 202034/2019 on 22 April 2019, challenging this acceptance. On 26 April 2019, the earlier writ petitions were disposed of, noting that the resignation had been accepted and giving liberty to fill the post. The first respondent’s appeal against that order was dismissed by a Division Bench on 9 May 2019. Meanwhile, the appellant was elected as the new Adhyaksha. On 9 December 2019, the learned Single Judge allowed W.P. No. 202034/2019, setting aside the acceptance of resignation on the ground that the first respondent was not given ten clear days’ notice to withdraw the resignation as required under Section 48. The appellant, who was not a party to that writ petition, filed this writ appeal. The appellant contended that the first respondent had suppressed material facts regarding subsequent developments, including the appellant’s election, and had played fraud on the court. The first respondent argued that he had filed the writ petition before the earlier proceedings concluded and was unaware of future events, and that the acceptance was contrary to the statute. The appeal was heard on 24 February 2020, and judgment was pronounced on 24 April 2020.
Issue of Consideration
Whether the Deputy Commissioner's acceptance of resignation of the 1st respondent as Adhyaksha complied with the mandatory requirement under Section 48 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, to give ten days' clear notice before acceptance; whether the 1st respondent suppressed material facts and played fraud on the court by not disclosing subsequent developments in the writ petition challenging the acceptance of his resignation.
Law Points
- Section 48 of Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- resignation of Adhyaksha
- ten days' time for withdrawal
- inquiry into voluntariness
- acceptance of resignation by Deputy Commissioner
- suppression of material facts
- fraud on court
Case Details
2020 LawText (KAR) (04) 9
WRIT APPEAL NO.200239 OF 2019 (LB-RES)
G. Narendar, M. Nagaprasanna
Ameetkumar Deshpande, Biradar Viranagouda, Huleppa Heroor, Archana P Tiwari, Ratna Shivayogimath
Kashipathi S/o. Manappa Pattar
Sri. Rajugouda S/o Girimallappagouda Hosagoudar, The State of Karnataka, The Deputy Commissioner Vijayapura Dist., The Assistant Commissioner Indi, The Gram Panchayat Yalagod
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Nature of Litigation
Writ Appeal under Section 4 of the Karnataka High Court Act, 1961 challenging the order of the Single Judge in a writ petition under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, concerning the acceptance of resignation of the Adhyaksha (President) of a Gram Panchayat.
Remedy Sought
The appellant sought to set aside the order dated 9 December 2019 passed by the learned Single Judge in W.P. No. 202034/2019, which had set aside the Deputy Commissioner's acceptance of the 1st respondent's resignation as Adhyaksha.
Filing Reason
The Single Judge allowed the 1st respondent's writ petition and set aside the acceptance of his resignation, thereby affecting the appellant's rights as the newly elected Adhyaksha. The appellant, who was not a party in the writ petition, sought to challenge that order.
Previous Decisions
The 1st respondent's writ petition (No. 202034/2019) was allowed by the Single Judge on 9 December 2019. Earlier, related writ petitions (No. 201914/2019 and No. 201971/2019) were disposed on 26 April 2019 noting that the resignation had been accepted on 16 April 2019 and giving liberty to fill the post. The appeal against that order (W.A. No. 200070/2019) was dismissed by a Division Bench on 9 May 2019.
Issues
Whether the Deputy Commissioner's acceptance of resignation of the 1st respondent as Adhyaksha complied with the mandatory requirement under Section 48 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, to give ten days' clear notice before acceptance, thereby allowing the office-holder an opportunity to withdraw the resignation.
Whether the 1st respondent suppressed material facts and played fraud on the court by not disclosing subsequent developments in the writ petition challenging the acceptance of his resignation, despite being aware of the earlier proceedings and the election of the appellant as Adhyaksha.
Submissions/Arguments
Appellant contended that the 1st respondent was aware of earlier proceedings and the fact that the resignation was accepted and election was conducted; he failed to disclose subsequent developments and thereby suppressed material facts and played fraud on the court; the writ petition No.202034/2019 was filed earlier but pending, and he should have brought later developments to court's notice.
1st respondent argued that he filed the writ petition before the disposal of the earlier writ petitions; it was impossible to foresee future events; he mentioned some facts in paragraphs 7 and 9 of the writ petition memorandum; the acceptance of resignation was contrary to statute as ten days' clear notice was not given.
Additional Government Advocate supported the appellant regarding suppression of facts.
5th respondent (Gram Panchayat) adopted the appellant's submissions.
Judgment Excerpts
On 08.03.2019, the 1st respondent resigned from the post of Adhyaksha of the Gram Panchayath, Yalagod by tendering his resignation in writing to the competent authority in terms of Section 48 of the ... Act.
The learned Single Judge allowed the writ petition on the ground that the act contemplates 10 days time to be given to the person who intends to withdraw the resignation tendered and in the case of the 1st respondent, 10 days clear notice has not been given.
The learned counsel contends that the 1st respondent is guilty of suppression of material facts with regard to subsequent developments and has played fraud on the court which has led the learned Single Judge to pass the impugned order dated 09.12.2019.
Procedural History
On 23 May 2017, the 1st respondent was elected as Adhyaksha of Yalagod Gram Panchayat. On 8 March 2019, he submitted his resignation under Section 48(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. On 18 March 2019, the Assistant Commissioner conducted an inquiry and found the resignation voluntary. On 26 March 2019, the Deputy Commissioner declared the post vacant and appointed a Returning Officer. On 1 April 2019, the election calendar was notified for 9 April 2019, but was withdrawn on 2 April 2019. The appellant and others challenged the withdrawal in WP No. 201914/2019, and a stay was granted. On 9 April 2019, a new election calendar was issued for 18 April 2019, which the 1st respondent challenged in WP No. 201971/2019; a stay was granted on 16 April 2019. On 16 April 2019, the Deputy Commissioner accepted the resignation. On 22 April 2019, the 1st respondent filed WP No. 202034/2019 challenging the acceptance. On 26 April 2019, WP No. 201914/2019 and WP No. 201971/2019 were disposed of, noting the resignation had been accepted and granting liberty to fill the post. The 1st respondent's appeal (WA No. 200070/2019) was dismissed on 9 May 2019. The appellant was thereafter elected Adhyaksha. On 9 December 2019, the Single Judge allowed WP No. 202034/2019, setting aside the acceptance of resignation. The present writ appeal was filed against that order. It was heard on 24 February 2020, and judgment was pronounced on 24 April 2020.
Acts & Sections
- Karnataka Gram Swaraj and Panchayat Raj Act, 1993: 48
- Karnataka High Court Act, 1961: 4
