Case Note & Summary
The petitioners, members of Madiyanooru Gram Panchayat, challenged the election notice dated 7.2.2014 issued by the Prescribed Officer for the election to the post of President of the Gram Panchayat. The petitioners contended that the notice was issued without prior publication of the list of members entitled to vote, as required under Rule 3(1A) of the Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994. The court examined the rule and found that the requirement to publish the list before issuing the election notice is mandatory. Since the list was not published prior to the notice, the election notice was quashed. The court allowed the writ petitions and directed the respondents to proceed with the election in accordance with law, after complying with Rule 3(1A).
Headnote
A) Election Law - Gram Panchayat President Election - Rule 3(1A) of Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 - Mandatory Requirement - The court held that the requirement under Rule 3(1A) to publish the list of members entitled to vote prior to issuing the election notice is mandatory. The election notice dated 7.2.2014 was quashed as the list was not published before the notice. (Paras 1-5) B) Election Law - Gram Panchayat President Election - Rule 3(1A) of Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 - Interpretation - The court interpreted Rule 3(1A) to mean that the list of members must be published before the election notice is issued, and non-compliance renders the notice invalid. (Paras 3-5)
Issue of Consideration
Whether the election 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 list of members entitled to vote was not published prior to the issuance of the notice, as required under 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 vide Annexure-C is quashed. The respondents are directed to proceed with the election to the post of President of Madiyanooru Gram Panchayat in accordance with law, after complying with the requirement of Rule 3(1A) of the Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994.
Law Points
- Election law
- Gram Panchayat
- President election
- Rule 3(1A) of Karnataka Panchayat Raj (Conduct of Elections of Adhyaksha and Upadhyaksha of Gram Panchayat) Rules
- 1994
- Mandatory requirement
- Prior publication of list of members
- Quashing of election notice
