Research › Search › Judgment

Karnataka High Court · body

2015 DIGILAW 954 (KAR)

Laxmibai v. State Election Commissioner Bengaluru

2015-08-20

H.G.RAMESH

body2015
ORDER : H.G. RAMESH, J. 1. This writ petition is by a member of Kherda (B) Grama Panchayat for a direction to respondent Nos.1 and 2 to hold election to the posts of Adhyaksha and Upadhyaksha of the aforesaid Grama Panchayat. 2. Learned counsel for the petitioner submitted that the total number of members of Kherda (B) Grama Panchayat is 20, and, 13 members have been elected to the Grama Panchayat. As 13 members form Two thirds of the total membership of the Grama Panchayat, there is no legal impediment to hold election to the posts of Adhyaksha and Upadhyaksha. 3. Learned AGA submitted that 13 members will not make Two thirds of the total membership of the Grama Panchayat, and, hence, in view of Section 5(7) of the Karnataka Panchayat Raj Act, 1993 (‘the Act’), it cannot be said that there is a duly constituted Grama Panchayat to hold election to the posts of Adhyaksha and Upadhyaksha. He further submitted that as the elected members are less than two thirds of the total membership of the Grama Panchayat, an Administrative Committee or an Administrator will have to be appointed as provided under Section 8 of the Act. It is relevant to extract Sections 5(7) and 8 of the Act referred to by the learned AGA: “Section 5(7): Notwithstanding anything contained in subsections (1) and (6), but subject to any general or special orders of the Government, where two-thirds of the total number of members of any Grama Panchayat have been elected, the Grama Panchayat shall be deemed to have been duly constituted under this Act. Section 8: Appointment of an administrative committee or administrator on failure to elect members of Grama Panchayats.– (1)(a) If the Deputy Commissioner is satisfied that a Grama Panchayat for a village or group of villages immediately after the establishment of such Grama Panchayat cannot be constituted by reason of, (i) any difficulty in holding an election of the members of the Grama Panchayat; or (ii) failure to elect such members at two successive elections held under subsection (6) of Section 5; or (iii) any other sufficient reason whatsoever; or (b) If at any general election to a Grama Panchayat no member is elected or less than two-third of the total number of members are elected; the Deputy Commissioner shall by notification either, (i) appoint an Administrative Committee consisting of persons qualified to be elected, the number of such persons being equal to the number of members determined under subsection (1) of Section 5; or (ii) appoint an Administrator. (2) The members of the Administrative Committee or the Administrator shall hold office for such period not exceeding six months as the Deputy Commissioner may specify in the notification under subsection (1). (3) On the appointment of an Administrative Committee or an Administrator under subsection (1), the persons, if any, chosen as members of the Grama Panchayat before such appointment shall cease to be members of the Grama Panchayat and all the powers and duties of the Grama Panchayat shall be exercised and performed by such Administrative Committee or Administrator. (4) The Administrative Committee or Administrator shall be deemed to be duly constituted Grama Panchayat for the purpose of this Act, notwithstanding anything contained in the foregoing provisions: Provided that if at any time after the appointment of the Administrative Committee or the Administrator under subsection (1), the Deputy Commissioner is satisfied that there is no difficulty in duly constituting the Grama Panchayat by election of members, the Deputy Commissioner, may, notwithstanding that the term of office for which the members of the Administrative Committee or the Administrator had been appointed has not expired, direct by notification, that the members of the Administrative Committee or the Administrator, as the case may be, shall cease to hold office with effect from such date as may be specified in such notification. (Underlining supplied) 4. (Underlining supplied) 4. Two thirds of 20 comes to 13.33, and, in my opinion, by applying the rule of rounding off, it has to be rounded off to 13. Hence, the contention of the learned AGA that 13 members do not form Two thirds of the total membership of the Grama Panchayat is rejected. As 13 members form Two thirds of the total number of members of the Grama Panchayat, there is no legal impediment for the State Election Commission and/or the Deputy Commissioner, Bidar, to hold election for the posts of Adhyaksha and Upadhyaksha of the aforesaid Grama Panchayat. 5. In view of the above, respondent Nos.1 & 2 are directed to take steps to hold election to the posts of Adhyaksha and Upadhyaksha of Kherda (B) Grama Panchayat and shall complete the entire process of election expeditiously and in any event, within two months from the date of receipt of a copy of this order. The petitioner shall furnish a copy of this order to respondent nos.1 & 2 to enable them to take steps to complete the election process expeditiously and in any event, within the time stipulated above. The writ petition stands disposed of in the above terms.