Judgment:
(Prayer: This Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praving To Quash The Election Intimation Notice Dated 7.2,2014 Issued By The 1st Respondent Vide Annexure-C Only In So Far As Notifying The Calender Of Events For The Election To Be Held To The Post Of President Of 2nd Respondent - Gram Panchayat, ETC.)
(Prayer: These Petitions Are Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Call For The Concerned Records, Quash The Notice Dated 11.2.2014 Issued By The 4„¢ Respondent Vide Annexure-E and Direct The Respondents To Conduct Election To The Post Of Adhyaksha Of Mudiyanooru Grama Panchayat According To The Calendar Of Events Issued On 7.2.2014.)
1. Petitioners are the elected members of Mudiyaiiooru Grama Panchayat, Mulabagal Taluk, Kolar District. Post of Adhyaksha of the Panchayat has fallen vacant, owing to the resignation of the earlier Adhyaksha. Said post has been reserved for 3 Woman member belonging to Scheduled Caste community. The Prescribed Officer issued meeting notice under Rule 4 of Karnataka Panchayat Raj (Election of Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1995 (for short, 'the Rules') and calendar of events, on 20.01.2014, fixing the date of election as 30.01.2014. Smt. K.V.Manjula, petitioner in WP.No.7197/2014, alone filed her nomination form, as per Rule 5, which upon scrutiny, as per Rule 7, was found to be in order and was not withdrawn in terms of sub-Rule (1) of Rule 7. Out of the 15 members of the Panchayat, only 5 members having assembled and there being 10 absentees, the Prescribed Officer adjourned the meeting, for want of quorum, by making a reference to the provision under Section 53(1) of the Karnataka Panchayat Raj Act, 1993 (for short, 'the Act0- The Prescribed Officer gave notice dated 07.02.2014, fixing the date of election for the post of Adhyaksha as 17.02.2014. The calendar of events was notified therein. Assailing the said notice, W.P.No.7197/2014 was filed by Smt. K.V.Manjula. The Prescribed Officer having subsequently given a notice dated 11.02.2014, to the effect that the proceedings dated 30.01.2014 be excluded and other proceedings would be gone ahead with, on the date stipulated for election i.e., on 17.02.2014, feeling aggrieved, 11 other members of the Panchayat filed W.P.Nos.8076-86/2014, to quash the notice dated 11.02.2014 and to direct the Prescribed Officer to conduct election to the post of Adhyaksha of the Panchayat, according to the calendar of events issued on 07.02.2014.
2. Sri Reuben Jacob, learned advocate, appearing for the petitioner in W.P.No.7197/2014, contended that the action of the Prescribed Officer in notifying the fresh calendar of events in respect of an adjourned meeting to hold the election to fill the casual vacancy in the Office of the Adhyaksha of the Panchayat is arbitrary and illegal. He submitted that there is complete lack of application of mind on the part of the Prescribed Officer and hence, interference is called for.
3. Sri G. Papi Reddy, learned advocate, appearing for the petitioners in W.P.Nos.8076-86/2014, on the other hand, contended that the meeting fixed on 30.01.2014 having been adjourned for want of quorum and subsequently, the election date having been fixed as 17.02.2014 by announcing the calendar of events and the election process having been set in motion, the notice issued on 11.02.2014 to the effect that the proceedings of 30.01.2014 are to be excluded and the other proceedings would be continued is vague, cryptic and being for undisclosed reasons and being without jurisdiction, interference is called for. He submitted that the Prescribed Officer has misconstrued the scope of S.53 of the Act end the statutory mandate and that the procedure prescribed in the matter of conducting of election to the vacant post of Adhyaksha having not been followed, interference as prayed in W.P.Nos.8076-8086/7.014 is caMed for.
4. Sri H.T.Narendra Prasad, learned AGA, submitted that the election of Adhyaksha and Upadhyaksha of every Grama Panchayat should be held in accordance with S.44 of the Act and that a vacancy of Adhyaksha of the Panchayat having arisen on account of resignation of the previous incumbent, the Panchayat should choose another Member to be the Adhyaksha. He further submitted that the procedure as per Rule 4 of the Rules (amended vide Notification dated 15.04.1998) has to be followed in the matter of conducting the election. He submitted that there being only one motion, the Prescribed Officer ought to have made the declaration under sub-Rule (5) of Rule 8 and finalized the proceedings on 30.01.2014. He further submitted that in the instant case there being no need for adjournment of the meeting by the Prescribed Officer or to fix a new date by issuing a fresh calendar of events, these petitions may be decided in accordance with law.
5. Keeping in view the rival contentions and the record of the writ petitions, the point for determination is, whether the Prescribed Officer was justified in adjourning the meeting on 30.01.2014, on the ground of want of quorum and in fixing the date for election as 17.02.2014 and also in issuing the notice dated 11.02.2014?
6. S.44 of the Act is with regard to the election of Adhyaksha arid Upadhyaksha. Sub.S.(l) makes clear that every Grama Panchayat shall choose two members of the Grama Panchayat respectively to be Adhyaksha and Upadhyaksha and in the event of occurrence of any vacancy in their office, the Grama Panchayat should choose any other member to be Adhyaksha or Upadhyaksha, as the case may be. The Section makes clear that the Prescribed Officer, shall, upon arising of any casual vacancy in the office of the Adhyaksha or Upadhyaksha, call for a meeting of a Grama Panchayat and preside over it, without right to vote and in such a meeting the Adhyaksha and Upadhyaksha, as the case may be, shall be elected. S.45 provides the procedure for election of Adhyaksha and Upadhyaksha. S.51 provides for filling up of casual vacancies in the office of the Adhyaksha or Upadhyaksha or member of the Grama Panchayat. S.52 is with regard to meeting of the Grama Panchayat and the business to be transacted thereat for which notice shall be given by the Panchayat Development Officer to the members and officers as the Government may prescribe. S.53 provides the quorum and procedure with regard to the meetings as provided under S.52 of the Act.
7. In exercise of the power under S.311 read with sub-Section (1) of S.45 of the Act, the Government has made 1995 Rules. The Rules provide that the Prescribed Officer under Rule 3, as soon the vacancy arises, shall issue the election meeting notice as per Rule 4, to every member of the Grama Panchayat along with the calendar
of events. Rule 5 provides for filing of nominations end Rule 7 provides for scrutiny of nominations. Sub-Rules(i) to (5) of Rule 8 being relevant, the same read as follows:
(œKANNADAM?)
(emphasis supplied)
8. In the instant case, the Prescribed Officer having given the notice dated 11.02.2014 with the calendar of events, stipulating the date of election for the post of Adhyaksha as 17.02.2014, Smt. K.V. Manjula filed her nomination which upon scrutiny was found to be in order and was not withdrawn by her. There was no other nomination submitted by any other member of the panchayat.
9. There being only one motion/nomination, putting that motion to vote to be carried by majority votes does not arise. The Prescribed Officer, responsible for holding election' and declaring the result, ought to have declared Smt. K.V. Manjula, elected as unopposed, to the office of the Adhyaksha, in view of Sub-Rule(5) of Rule 8, extracted supra. He has no power to adjourn the meeting. The procedure which was adopted by the prescribed officer being contrary to the provisions of S.45 read with the Ruies, extracted supra, compels me to interfere in the matter, in as much as, the adjournment of the meeting by the Prescribed Officer on the ground that there was no quorum, by applying the provision under Sub-S.(l) of S.53 of the Act, is wholly arbitrary and illegal.
10. Only when there is more than one motion/nomination, the Prescribed Officer is required to conduct the election, which becomes clear from Sub- Rule(6) of Rule 8, which reads as follows:
(œKANNADAM?)
11. In the instant case, there being only one motion, i.e., of Smt. K.V. Manjula, the steps contemplated from Sub-Rule(6) of Rule 8 and onwards are not attracted.
12. Notice contemplated under S.52 of the Act pertains to ordinary and special meeting pertaining to the business to be transacted and the notice is required to be given by the Panchayat Development Officer to the members and such officers of the Government as may be prescribed about such meeting. In the instant case, the impugned meeting notice is not in relation to any business to be transacted but a notice issued by the Prescribed Officer under Rule 3, invoking Rule 4 of the 1995 Rules.
13. A conjoint reading of the provisions of Ss.52 and 53 of the Act makes clear that the provisions therein have no application in the matter of election of Adhyaksha or Upadhyaksha, as che case may be, since the Government by issuing Notification No.RDP 33 JPS 98, dated 30.07.1998 has made separate Rules in the matter of conducting election to the posts of Adhyaksha and Upadhyaksha, as the case may be, of a Grama Panchayat. Under the normal rule of interpretation, the special provision must prevail over the general and therefore, if a case is covered by the special provision, the general provision will not be attracted.
In view of the foregoing discussion, it is ordered as follows:
(i) W.P.No.7197/2014 being meritorious is allowed and the Notice dated 07.02.2014, as at Annexure- C and the subsequent communication dated 11.02.2014 issued by the Prescribed Officer - cum -Assistant Executive Engineer, Zilla Panchayat, Mulbagal are quashed.
(ii) Consequently, W. P. Nos. 8076-86/2014 being devoid of merit are dismissed.
(iii) The Prescribed Officer-cum-Assistant Executive Engineer, Zilla Panchayat (Technical Sub-Division), Mulabagal is directed to make the declaration in terms of Sub-Rule(5) of Rule 8 of the Karnataka Panchayat Raj (Election of Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1995.
In the circumstances of the case the parties are directed to bear their respective costs.