S. RAJENDRA BABU, J. ( 1 ) THIS petition is directed against the notification issued by the respondent 2, to elect the adhyaksha and upadhyaksha of halaganahalli grama panchayat. The elections for these posts were held during the month of december, 1993. However, for one or other reason, adhyaksha and upadhyaksha could not be elected. The deputy commissioner, purporting to exercise the powers under Section 47 of the Karnataka panchayat RAJ Act, 1993, appointed several officers of the government to act as administrators of several panchayats including halaganahalli grama panchayat. Subsequently, by an order made on 19-12-1994, which is impugned herein, the deputy commissioner called upon the concerned panchayat to elect adhyaksha and upadhyaksha. It is now contended that the deputy commissioner having appointed administrator in terms of Section 8 of the said Act, the members of the panchayat ceased to be members thereof, and consequently when panchayat itself ceased to exist the only course is to hold fresh elections to the panchayat. ( 2 ) THE learned advocate-general, appearing for the respondents 1 to 3 and Smt. Suguna, appearing for some of the parties, who have been impleaded subsequently, after the writ petition was filed, contended that the order at Annexure-A has not been issued at all under Section 8 of the act but it is only under Section 47 of the act the said order has been issued, only to appoint certain officers to discharge the duties of the adhyaksha and upadhyaksha. In such circumstances, it is open to the concerned authority to call upon the concerned panchayat to elect the adhyaksha and upadhyaksha. It is their submission that Section 8 of the act has no relevance to the present case. ( 3 ) SECTION 44 of the act requires election to the posts of adhyaksha and upadhyaksha to a grama panchayat. It provides that in the event of occurrence of any vacancy of such posts, due to the reasons of death, resignation, removal or otherwise, in the office of the adhyaksha and upadhyaksha of a grama panchayat, the grama panchayat shall choose another member to be the adhyaksha or upadhyaksha, as the case may be. In the present case, such a situation has not arisen at all, because adhyaksha and upadhyaksha were not at all elected in the grama panchayat. In the present case, such a situation has not arisen at all, because adhyaksha and upadhyaksha were not at all elected in the grama panchayat. ( 4 ) DURING vacancy in the office of the adhyaksha, Section 47 of the act provides for upadhyaksha, and when there is no upadhyaksha, an officer appointed by the deputy commissioner shall exercise the powers and perform the duties of the adhyaksha, until adhyaksha is elected. In such an event, the deputy commissioner can exercise his powers to appoint an officer to perform the duties of adhyaksha until the adhyaksha is duly elected. The deputy commissioner has issued Annexure-A under Section 47 of the act. The problem has arisen mainly because the expression used by the deputy commissioner in notification annexure-b, in appointing an officer to exercise the powers of adhyaksha and upadhyaksha as 'adalithadhikari'. 'adalithadhikarf may mean an administrator appointed under Section 8 of the act or an officer appointed by the deputy commissioner to discharge the duties of the adhyaksha or upadhyaksha. In this case, panchayat was duly constituted, but only there was vacancy in the office of the adhyaksha and upadhyaksha, as they were not elected. In this background, considering the nature of power exercised by the concerned authorities, we must hold that the order made under Annexure-B is one done under Section 47 of the act alone and not under Section 8 of the act at all. Section 8 of the act would be attracted to a situation which is different from what arises under Section 47 of the act. ( 5 ) IN this context, one aspect has to be noticed whether vacancy would arise only when adhyaksha or upadhyaksha is elected and thereafter the incumbent therein dies, resigns or removed from office. In generic sense, the expression 'vacancy in an office' would mean absence of incumbent in an office. If there is no election to the posts of adhyaksha or upadhyaksha, there is a vacancy as such. In such an event, it is certainly open to the deputy commissioner to exercise his powers under Section 47 of the act. Hence, we hold that the order made at Annexure-A is under Section 47 of the act and not under Section 8 of the Act, and it is permissible for him to issue an order for fresh election of adhyaksha and upadhyaksha. Hence, we hold that the order made at Annexure-A is under Section 47 of the act and not under Section 8 of the Act, and it is permissible for him to issue an order for fresh election of adhyaksha and upadhyaksha. We do not find any substance in the writ petition. Hence, the writ petition is dismissed. Rule discharged. --- *** --- .