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2007 DIGILAW 638 (KAR)

R. G. RAVIKUMAR v. STATE OF KARNATAKA

2007-09-28

B.S.PATIL

body2007
PATIL, J. ( 1 ) LEARNED Government Pleader takes notice respondents-1,3, 4 and 5. ( 2 ) A declaration is sought by the petitioner to the effect that his term of office as Adhyaksha of Lakkavalli Gram Panchayat of Tarikere taluk in Chikmagalur District is 33 months from the date of election which was held on 04. 04. 2005. Consequently, a direction is also sought to quash the Notification dated 23. 08. 2007 issued by the 3rd respondent - Deputy Commissioner, Chikmagalur District, chikmagalur, vide Annexure-B reserving the post of Adhyaksha and upadhyaksha for different category and as also the meeting notice dated 18/19. 09. 2007 issued by the 5th respondent Returning Officer fixing the date of election of Adhyaksha and Upadhyaksha on 04. 10. 2007. ( 3 ) THE case of the petitioner is that he is appointed as Adhyaksha of the Gram Panchayat on 04. 04. 2005 and his term of office being 33 months from the date of election, the same would expire only on 03. 01. 2008 and hence the steps taken by the respondent-authorities to conduct election for electing another Adhyaksha well before the expiry of the term of office of the petitioner is illegal. Learned counsel for the petitioner, drawing the attention of the Court to Section 46 of the Karnataka Panchayat Raj Act, 1993 (for short 'the Act') submits that as per the amendment introduced by inserting a proviso to Section 46 (1) of the Act the term of office of the Adhyakshas of the Gram panchayats is fixed as 33 months instead of 30 months. ( 4 ) UPON hearing the Learned Counsel for the parties and on perusal of the materials on record, it is seen that the relief sought by the petitioner based on the amendment made to Section 46 of the Act is misconceived. Section 46 (1) of the Act reads as under: "46. ( 4 ) UPON hearing the Learned Counsel for the parties and on perusal of the materials on record, it is seen that the relief sought by the petitioner based on the amendment made to Section 46 of the Act is misconceived. Section 46 (1) of the Act reads as under: "46. Term of office and conditions of service of Adhyaksha and Upadhyaksha.- (1) The term of office of every Adhyaksha and every upadhyaksha of the Grama Panchyat shall, save as otherwise provided in this Act, be thirty months from the date of his election or till he ceases to be a member of Grama Panchayat, whichever is earlier [provided that the term of office of Adhyaksha and Upadhyaksha of the Grama Panchayat who are in office on the date of commencement of the karnataka Panchayat Raj (Amendment) Ordinance, 2002 shall be thirty-three months from the date of their election and the term of office of Adhyaksha and Upadhyaksha of Grama Panchayat to be elected immediately before the expiry of the said period shall be remaining period of twenty-seven months, provided that in either case in the meantime they do not cease to be members of the Grama Panchayat. " ( 5 ) THE proviso to Section 46 (1) of the Act is inserted by way of an amendment and it has come into force with effect from 06. 09. 2002. The insertion of the proviso was intende. d to address the situation as obtained on the date the amendment was introduced. Its effect is that the term of office of Adhyaksha and Upadhyaksha of the Gram panchayats who were in office on the date of commencement of the karnataka Panchayat Raj (Amendment) Ordinance, 2002 (06. 09. 2002) shall be 33 months from the date of their election. In the instant case, admittedly, the petitioner has been elected as adhyaksha of the Gram Panchayat on 04. 04. 2005. He was not in office on the date of commencement of the Karnataka Panchayat Raj (Amendment) Ordinance, 2002. Therefore, benefit of the term of 33 months to hold the office as Adhyaksha is not available to the petitioner. On the other hand, the term of 30 months, as fixed in Section 46 (1) of the Act, is applicable to the petitioner. Hence, the writ petition being devoid of merits is liable to be dismissed. Accordingly, the same is dismissed. On the other hand, the term of 30 months, as fixed in Section 46 (1) of the Act, is applicable to the petitioner. Hence, the writ petition being devoid of merits is liable to be dismissed. Accordingly, the same is dismissed. ( 6 ) LEARNED Government Pleader is permitted to file memo of appearance within four weeks from today.