R G RAVIKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(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.