IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.53202/2018 (S-RES) BETWEEN SRI. S HARISHA, S/O SRINIVASA MOOLYA, AGED ABOUT 27 YEARS, KESAVINAMANE, HANIYA POST, BALEKOPPA VILLAGE, HUNCHA HOBLI, HOSANAGARA TALUK, SHIMOGGA DISTRICT 577418.
(BY SRI. RAMESHCANDRA, ADVOCATE) AND 1. STATE OF KARNATAKA, VIDHANA SOUDHA, REP BY ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, DR.AMBEDKAR VEEDI, BANGALORE-01.
2. ZILLA PANCHAYATHA, SHIMOGGA DISTRICT 577201, REPRESENTED BY CHIEF EXECUTIVE OFFICER.
3. TALUK PANCHYATHA, HOSANAGAR TALUK, ... PETITIONER SHIMOGGA DISTRICT 577418, REPRESENTED BY PRESIDENT.
4. GRAMA PANCHYATH, RAMACHANDRAPURA, HOSANAGAR TALUK 577418, SHIMOGGA DISTRICT, REPRESENTED BY PDO.
5. SMT SUJATHA WIFE OF UMESH, AGED ABOUT 40 YEARS, PRESIDENT GRAMA PANCHAYATH, RAMACHANRAPURA, HOSANAGAR TALUK, SHIMOGGA DISTRICT-577418.
6. SMT SEETHAMMA, WIFE OF LATE AGED ABOUT 51 YEARS, MEMBER GRAMA PANCHAYATH, RAMACHANRAPURA, HOSANAGAR TALUK, SHIMOGGA DISTRICT-577418.
7. SRI SHANTHARAM, S/O VENKATARAM, AGED ABOUT 66 YEARS, MEMBER GRAMA PANCHAYATH, RAMACHANRAPURA, HOSANAGAR TALUK, SHIMOGGA DISTRICT-577418.
8. SMT NAGARATHNA, C/O RAJU, AGED ABOUT 45 YEARS, VICE PRESIDENT RAMACHANRAPURA GRAMA PANCHAYATH, KARGADI HANIYA POST, HOSANAGAR TALUK, SHIMOGGA DISTRICT-577418.
9. SRI KARTHIK M S/O MANJUNATHA, AGED ABOUT 24 YEARS, RAMACHANDRAPURA, HANIYA POST, HOSANAGAR TALUK, SHIMOGGA DISTRICT-577418.
... RESPONDENTS (BY SMT M S PRATHIMA, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A DATED 20.04.2016 PASSED BY GRAM PANCHAYATH-RAMACHANDRAPURA, HOSANAGARA TALUK, SHIMOGGA DISTRICT IN GENERAL MEETING NO.1/2016-17; AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to take notice for respondent No.1. This matter is disposed of without notice to the other respondents.
2. The petitioner, an unemployed youth holding Masters Degree, applied for the post of Bill Collector and Data Entry Operator, at respondent No.4-Ramachandrapura, Gram Panchayath. The petitioner has placed material on record to show that he was placed at Serial No.1, in the merit list prepared for selection of Bill Collector. On other hand, he was placed at Serial No.2, in the merit list prepared for selection of Data Entry Operator. It is submitted by the Learned Counsel for petitioner that the petitioner was appointed as Data Entry Operator on 20.04.2016, by way of resolution of respondent- Gram Panchayath. However, the appointment of the petitioner was challenged by an unsuccessful applicant, who stood in the list at Serial No.1, in the merit list of candidates to be selected as Data Entry Operator. The petitioner too filed an appeal before the Taluka Panchayath questioning the selection of Sri.Karthik.M, who is arrayed as respondent No.9, herein. Since, both the appeals were filed before the Taluka Panchayat, both appeals were disposed of on 07.06.2017. While, the appeal filed by the petitioner was rejected on the ground that he was already appointed as Data Entry Operator, interestingly, on the very same date, the appeal filed by Kumari.Pallavi, challenging the appointment of the petitioner was also allowed holding that the appointment of the petitioner as Data Entry Operator was not in accordance with law.
3. The learned counsel for petitioner submits that the petitioner has filed an appeal before the Chief Executive Officer of Zilla Panchayath and the same is pending consideration. In that of the view of the matter, this Court is of the opinion that the Chief Executive Officer before whom the appeal is pending is required to hear and dispose of the matter within a time frame. The learned counsel submits at this stage that the Chief Executive Officer has orally informed the petitioner that the appeal is not maintainable. Nevertheless, the Chief Executive Officer was duty bound to pass an order, if he is of the opinion that the appeal is not maintainable.
4. Therefore, the petition is disposed of while directing respondent No.2-Chief Executive Officer of Zilla Panchayath to dispose of the appeal, which was filed in the month of June 2017, within a period of four weeks from the date of receipt of certified copy of this order. Till such time, when the Chief Executive Officer passes an order on the appeal filed by the petitioner, the respondent- Gram Panchayath is directed not to make any appointment with respect to the post of Bill Collector.
The writ petition is disposed of accordingly.
Learned Additional Government Advocate is permitted to file her Memo of Appearance within a period of two weeks from today.
SD/- JUDGE DL