Case Note & Summary
The petitioner, Lalita W/o Baburao, the Adhyaksha of Astoor Gram Panchayat, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench, challenging the election notification dated 06.07.2015 issued by the Returning Officer (Respondent No.2) for the election of Adhyaksha and Upadhyaksha of Astoor Gram Panchayat, scheduled for 20.07.2015. The petitioner contended that the notification was invalid because it violated the amended Section 46 of the Karnataka Panchayat Raj Act, 1993, as amended by the Karnataka Panchayat Raj (Amendment) Act, 2015 (Karnataka Act No.17 of 2015). The amendment introduced sub-section (2A) to Section 46, which requires that the election of Adhyaksha shall be held within 30 days from the date of the first meeting of the Gram Panchayat. The petitioner argued that the first meeting of the Gram Panchayat had already taken place, and the election notification was issued beyond the 30-day period, making it illegal. The respondents, including the State of Karnataka, the Returning Officer, and Subbamma (a panchayat member), opposed the petition. The court, after hearing the parties, examined the provisions of the amended Act. The court noted that the amendment was brought into force with effect from 24.04.2015 and that the election notification was issued on 06.07.2015, which was beyond the 30-day limit from the date of the first meeting. The court held that the notification was not in compliance with the mandatory requirement of Section 46(2A) and therefore quashed the notification. The court allowed the writ petition and directed that the election be conducted in accordance with law.
Headnote
A) Panchayat Raj - Election of Adhyaksha and Upadhyaksha - Time Limit - Section 46(2A) of Karnataka Panchayat Raj Act, 1993 - The amendment by Karnataka Act No.17 of 2015 mandates that the election of Adhyaksha shall be held within 30 days from the date of the first meeting of the Gram Panchayat. The election notification issued on 06.07.2015 for election scheduled on 20.07.2015 was beyond the 30-day period from the first meeting, and therefore invalid. Held that the notification is quashed. (Paras 1-4)
Issue of Consideration
Whether the election notification dated 06.07.2015 for the post of Adhyaksha and Upadhyaksha of Astoor Gram Panchayat is valid in light of the amendment to Section 46 of the Karnataka Panchayat Raj Act, 1993 by Karnataka Act No.17 of 2015, which requires the election to be held within 30 days from the date of the first meeting of the Gram Panchayat.
Final Decision
The writ petition is allowed. The election notification dated 06.07.2015 (Annexure-B) issued by the 2nd respondent is quashed. The respondents are directed to conduct the election of Adhyaksha and Upadhyaksha of Astoor Gram Panchayat in accordance with law.
Law Points
- Election notification must comply with statutory time limit
- Section 46(2A) of Karnataka Panchayat Raj Act
- 1993
- Amendment Act 2015
- Mandatory time limit for election of Adhyaksha and Upadhyaksha
Case Details
2015 LawText (KAR) (08) 44
Writ Petition No.203744/2015 (LB-ELE)
Sri Hanumantharaya (for petitioner), Sri Syed Habeeb (AGA for R1 & R2), Sri Liyaqat Fareed Ustad (for R3)
State of Karnataka, Returning Officer and Executive Officer, Taluka Panchayat Bidar, Subbamma W/o Baswaraj
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Nature of Litigation
Writ petition challenging election notification for the post of Adhyaksha and Upadhyaksha of Gram Panchayat.
Remedy Sought
Petitioner sought quashing of election notification dated 06.07.2015 and direction to conduct election in accordance with law.
Filing Reason
Election notification was issued beyond the 30-day period from the first meeting of Gram Panchayat as required by amended Section 46(2A) of the Karnataka Panchayat Raj Act, 1993.
Issues
Whether the election notification dated 06.07.2015 for the post of Adhyaksha and Upadhyaksha of Astoor Gram Panchayat is valid in light of the amendment to Section 46 of the Karnataka Panchayat Raj Act, 1993 by Karnataka Act No.17 of 2015, which requires the election to be held within 30 days from the date of the first meeting of the Gram Panchayat.
Submissions/Arguments
Petitioner argued that pursuant to the amendment to Section 46 of the Karnataka Panchayat Raj Act, 1993 by Karnataka Act No.17 of 2015, the term of office of Adhyaksha and Upadhyaksha is five years and the election of Adhyaksha shall be held within 30 days from the date of the first meeting of the Gram Panchayat. The election notification was issued beyond the 30-day period and is therefore invalid.
Respondents opposed the petition, but their specific arguments are not recorded in the judgment.
Ratio Decidendi
The amendment to Section 46 of the Karnataka Panchayat Raj Act, 1993 by Karnataka Act No.17 of 2015 introduced sub-section (2A) which mandates that the election of Adhyaksha shall be held within 30 days from the date of the first meeting of the Gram Panchayat. Any election notification issued beyond this period is invalid and liable to be quashed.
Judgment Excerpts
In this writ petition, the petitioner is seeking for quashing of Election Notification dtd. 06.07.2015, whereby the election of Adhyaksha and upadhyaksha of Astoor Gram Panchayath was scheduled on 20.07.2015.
The contention urged by the learned counsel for the petitioner is that, pursuant to the amendment to Sec.46 of the Karnataka Panchayath Raj Act, 1993 (‘the Act’) by the Karnataka Panchayath Raj (Amendment) Act, 2015 (Karnataka Act No.17 of 2015), the term of office of Adhyaksha of Gram Panchayath is five years and the election of Adhyaksha shall be held within 30 days from the date of the first meeting of the Gram Panchayath.
In my opinion, the contention urged by the learned counsel for the petitioner is well founded and the impugned notification is not in compliance with the amended provisions of the Act.
Accordingly, the writ petition is allowed. The impugned notification dated 06.07.2015 (Annexure-B) is quashed. The respondents are directed to conduct the election of Adhyaksha and Upadhyaksha of Astoor Gram Panchayath in accordance with law.
Procedural History
The writ petition was filed on an unspecified date before the High Court of Karnataka, Kalaburagi Bench, challenging the election notification dated 06.07.2015. The petition came up for preliminary hearing in 'B' Group on 10.08.2015, and the court made the order allowing the petition.
Acts & Sections
- Karnataka Panchayat Raj Act, 1993: Section 46, Section 46(2A)
- Karnataka Panchayat Raj (Amendment) Act, 2015 (Karnataka Act No.17 of 2015):
- Constitution of India: Articles 226, 227
