( 1 ) THIS petition is by an elected member of the Taluka Development board, Guibarga. He has challenged the Notification issued by the Chief executive Officer of that Board on 9th July 1970 whereby it had been proposed to hold election for the functional Committee relating to the Social welfare to be appointed under S. 127 of the Mysore Village Panchayats and Local Boards Act, 1959 (hereinafter referred to as the Act ). The said notification also relates to the election to the statutory committees to be constituted under S. 124 of that Act. The petitioner, however, is concerned only with the proposed election to the functional Committee of the Social welfare, which is a special Committee as distinct from the statutory committee. ( 2 ) ON behalf of the petitioner, it is contended that having regard to the language of Ss. 124 and 127 of the Act, it would be clear that elections could be held only in regard to the statutory Committees contemplated under s. 124 thereof and as regards the functional Committee, only appointments could be made thus excluding the idea of election. ( 3 ) ON behalf of the respondents, it is contended that the period of IV board having expired having regard to S. 108 of the Act, the petition is rendered infructuous. It is next contended that S. 128 of the Act provides for regulations as to the procedure to be followed in constituting or appointments to be made to the statutory Committees and functional committees respectively. According to the learned Counsel, such regulations have provided for the election being held even for the functional committees. ( 4 ) I am in agreement with the contention of the petitioner that in regard to the functional Committees no election need be held as would be the case for the constitution of the statutory Committees contemplated under Section 124 of the Act. The word 'appointment' occurring in S. 127 of the act, clearly excludes the concept of election. The calender of events issued by the Chief Executive Officer a copy of which has been produced and marked as Ex. D, is unsustainable in so far as it proposes to deal with the appointments to be made for the Social Welfare Committee. The word 'appointment' occurring in S. 127 of the act, clearly excludes the concept of election. The calender of events issued by the Chief Executive Officer a copy of which has been produced and marked as Ex. D, is unsustainable in so far as it proposes to deal with the appointments to be made for the Social Welfare Committee. ( 5 ) TURNING now to the contention of the respondent, no Rule or Regulation has been brought to my notice which would compel the Board to make appointments to the functional Committees by holding election from among the members of the Board. I do not therefore, consider it necessary to examine this contention at length. The other contention is that the petition is infructuous and no useful purpose would be served by issuing a direction or writ as prayed for. It is no doubt true that the period of the Board has expired in accordance with S. 108 of the Act and no Notification has been brought to my notice regarding any extension of the term of the members as per the proviso to that Section. ( 6 ) IN view of the above circumstances, it is sufficient for this Court to declare that the election to the functional Committee contemplated under s. 127 of the Act should only be held if Regulations framed under S. 128 of that Act have provided for it. In other words, if those Regulations permit such an election, such a procedure could be followed. Since the petition has become infructuoua, I do not think it necessary to grant the relief prayed for in the petition. In this view of the matter, the petition stands disposed subject to the declaration made above. In the circumstances, there will be no order as to costs. --- *** --- .