Case Note & Summary
The case involves two writ petitions filed under Articles 226 and 227 of the Constitution of India challenging the election intimation notice dated 7.2.2014 issued by the Prescribed Officer (Assistant Executive Engineer, Zilla Panchayat, Mulabagalu) for the election to the post of President of Madiyanooru Gram Panchayat. The petitioners, including K.V. Manjula and eleven others, contended that the notice violated Rule 3(1A) of the Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994, which mandates that the election schedule must be notified at least 15 days before the date of election. The notice was issued on 7.2.2014 and the election was scheduled for 17.2.2014, a gap of only 10 days. The court, after hearing the arguments, found that the notice did not comply with the mandatory requirement and quashed the election intimation notice. The court also noted that notice to the second respondent (Gram Panchayat) was dispensed with vide order dated 12.02.2014. The petitions were allowed, and the election notice was set aside.
Headnote
A) Election Law - Gram Panchayat President Election - Mandatory Notice Period - Rule 3(1A) of Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 - The court considered whether the election intimation notice dated 7.2.2014 for the election to the post of President of Madiyanooru Gram Panchayat, which fixed the date of election as 17.2.2014, complied with the mandatory requirement of Rule 3(1A) that the election schedule must be notified at least 15 days before the date of election. The court held that the notice was issued on 7.2.2014 and the election was scheduled for 17.2.2014, which is only 10 days later, thus violating the mandatory 15-day period. Consequently, the election notice was quashed. (Paras 1-5)
Issue of Consideration
Whether the election intimation notice dated 7.2.2014 issued by the Prescribed Officer for the election to the post of President of Madiyanooru Gram Panchayat is valid when the calendar of events notified the date of election as 17.2.2014, which is less than 15 days from the date of notice, in violation of Rule 3(1A) of the Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994.
Final Decision
The writ petitions are allowed. The election intimation notice dated 7.2.2014 issued by the 1st respondent (Annexure-C) is quashed.
Law Points
- Election law
- Gram Panchayat
- President election
- Mandatory requirement
- 15 days notice
- Rule 3(1A)
- Karnataka Panchayat Raj Act
- 1993
- Articles 226 and 227 of Constitution of India
Case Details
2014 LawText (KAR) (02) 10
Writ Petition No.7197/2014 c/w W.P.Nos.8076-8086/2014 (LB-ELE)
Sri Reuben Jacob, Sri G. Papi Reddy, Sri H.T. Narendra Prasad
The Prescribed Officer & Assistant Executive Engineer, Zilla Panchayat, Engineering Sub-Division, Mulabagalu and Madiyanooru Gram Panchayat
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Nature of Litigation
Writ petitions challenging election intimation notice for President of Gram Panchayat.
Remedy Sought
Quashing of election intimation notice dated 7.2.2014 issued by the Prescribed Officer for election to the post of President of Madiyanooru Gram Panchayat.
Filing Reason
The election notice violated Rule 3(1A) of the Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 as the election was scheduled less than 15 days from the date of notice.
Issues
Whether the election intimation notice dated 7.2.2014 for the election to the post of President of Madiyanooru Gram Panchayat is valid when the date of election is 17.2.2014, which is less than 15 days from the date of notice, in violation of Rule 3(1A) of the Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994.
Submissions/Arguments
The petitioners argued that the election intimation notice dated 7.2.2014 fixing the election on 17.2.2014 violated Rule 3(1A) of the Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994, which requires the election schedule to be notified at least 15 days before the date of election.
The respondents did not file any counter or make submissions opposing the petitions.
Ratio Decidendi
Rule 3(1A) of the Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 mandates that the election schedule must be notified at least 15 days before the date of election. The notice issued on 7.2.2014 for election on 17.2.2014 provided only 10 days' notice, violating the mandatory requirement. Hence, the election notice is invalid and liable to be quashed.
Judgment Excerpts
The election intimation notice dated 7.2.2014 issued by the 1st respondent is quashed.
Rule 3(1A) of the Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 mandates that the election schedule must be notified at least 15 days before the date of election.
Procedural History
The writ petitions were filed on 12.02.2014 and 13.02.2014 respectively. Notice to the second respondent was dispensed with vide order dated 12.02.2014. The petitions were heard and disposed of on 20.02.2014.
Acts & Sections
- Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994: Rule 3(1A)
- Constitution of India: Articles 226, 227
