IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.20940/2015 AND WRIT PETITION Nos.21485-489/2015 (LB-ELE) BETWEEN:
1. Sri.R.Chennabasavana Gouda, S/o late Sri.R.Sanganagouda, Aged about 51 years, Occ:Agriculture, R/o:Kanivihalli, Taluk:Harapanahalli – 583131, District:Davanagere – 577001.
2. Sri.D.Veeranna, S/o late Sri.Kotrabasappa, Aged about 50 years, Occ:Agriculture, R/o:Kanivihalli, Taluk:Harapanahalli – 583131, District:Davanagere – 577001.
3. Sri.A.Honnappa, S/o late Sri.Doddabaramappa, Aged about 45 years, Occ:Agriculture, R/o:Kanivihalli, Taluk:Harapanahalli – 583131, District:Davanagere – 577001.
4. Sri.H.Chowdappa, S/o late DoddaNingappa, Aged about 61 years, Occ:Agriculture, R/o:Kanivihalli, Taluk:Harapanahalli – 583131, District:Davanagere – 577001.
5. Sri.O.Parasappa, S/o late Hanumappa, Aged about 46 years, Occ:Agriculture, R/o Kanivihalli, Taluk:Harapanahalli – 583131, District:Davanagere – 577001.
6. Sri.K.Shivanandappa, S/o late K.Kotrappa, Aged about 64 years, Occ:Agriculture, R/o:Kanivihalli, Taluk:Harapanahalli – 583131, District:Davanagere – 577001.
(By Sri.K.G.Shanthappa, Advocate) AND:
1. The State of Karnataka By its Secretary, Department of Panchayath Raj, M.S.Building, Dr.Ambedkar Road, Bengaluru – 560001.
2. The Commissioner For Panchayath Raj, M.S.Building, …Petitioners Dr.Ambedkar Road, Bengaluru – 560001.
3. The State Election Commission For Karnataka State, Bengaluru – 560001.
4. The Chief Executive Officer, Davanagere District, Davanagere – 577001.
5. The Deputy Commissioner, & Election Commissioner, Davanagere District, Davanagere – 577001.
6. The Assistant Commissioner & The Returning Officer, Harapanahalli Sub-Division, Harapanahalli – 583131, District:Davanagere – 577001.
7. The Tahasildar & Asst.Returning Officer, Harapanahalli Taluk, Harapanahalli – 583131, District:Davanagere – 577001.
8. The Nandhibevoor Grama Panchath, Nandhibevoor by its P.D.O, Nandhibevoor, Taluk:Harapanahalli – 583131.
District:Davanagere – 577001.
9. The Returning Officer, For holding Election to the Members to the Nandhibevoor Gram Panchayath, Nandhibevoor, Taluk:Harapanahalli – 583131.
District:Davanagere – 577001.
...Respondents (By Sri.M.A.Subramani, HCGP for R1,R2, R4 to R7 & R9 Smt.Vaishali Hegde, Advocate for R3, R8 - served) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notification dated 4.5.2015 issued by the R-5, and all further proceedings in pursuance thereof, in so far as holding the Election to the 09 – Nandhibevoor Gram Panchayath, Nandhibevoor (R-8) to elect its 23 members in Taluk Harapanahalli District, Davanagere concerned vide Ann-J.
These Petitions coming on for Orders this day, the Court made the following:
O R D E R The petitioners who are residents of Kanivihalli Village, Harapanahalli Taluk, Davanagere District have sought to challenge the notification issued by the respondent No.5 at Annexure-J whereby the exercise of de-limitation with respect to the Grama Panchayath has been carried out.
2. The petitioners have further sought for issuance of writ in the nature of mandamus to direct respondent Nos.1 and 7 to consider the representation at Annexures – L, M, N and P. It is the contention of the petitioners that the exercise of de-limitation is not in accordance with the statutory mandate of Section 5(1) and Section 5(5) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. It is contended that the allotment of seats and carving out of the constituency is not in accordance with the law applicable. It is further contended that under Article 243(C) of the Constitution of India, there are guidelines as regards to composition of Panchayats which has not been taken note of. It is to be noted pursuant to the notification at Annexure-J elections to the Gram Panchayat have been held.
3. However learned counsel appearing for the respondent No.5 states that the grievance of the petitioner as made out in the representations and also as regards to the guidelines contended in Section 5 of the Act as well as Article 243(C) of the Constitution of India relating to composition of Panchayat would be taken note of at least before the next elections. It is further submitted that under Section 5 of the said Act the power of the Deputy Commissioner is subject to the general/special order of the State Election Commission as stipulated and necessary directions be issued to the State Election Commission as well.
4. Learned counsel appearing for the State Election Commission submits that from time to time circulars are issued which contains guidelines to be taken note of by the Deputy Commissioner while exercising power regarding de-limitation and consequent change of the composition of the Grama Panchayat. It is further submitted that the circular would be in the nature of circulars that are annexed at R-10(A to C) annexed along with statement of objections.
5. However, learned counsel appearing for the State Election Commission points out that the fresh circulars may be issued prior to holding of elections for the next term in the event fresh census report is published or where circumstances necessitate issue of fresh directions.
6. Taking note that the contentions raised by the petitioners are of nature which require consideration, petitions are to be disposed off with necessary directions.
7. Petitions are disposed off directing respondent No.5 to consider the representation of the petitioners at Annexure-L. The petitioners are also at liberty to make out his grievance with respect to the exercise of de-limitation that has been carried out by addressing such representations to the respondent * No.3. Such representation to respondent * No.3 would be made within the period of four weeks from today. The representations of the petitioners made to respondent * Corrected vide Court order dated 28.11.2019.
No.5 as well as to respondent * No.3 would be considered at an appropriate point of time.
8. Taking note of the submission of the learned counsel appearing for the State Election Commission that in normal course fresh circulars are issued prior to holding of elections to local bodies. The representations of the petitioners would be considered at an appropriate point of time by respondent Nos.5 and * 3 not later than 3 months prior to the next elections to be held for the local body.
Accordingly, the petitions are disposed off subject to the above observations.
Sd/- JUDGE NS * Corrected vide Court order dated 28.11.2019.