ORDER
H.L. Dattu, J.
1. This is the second round of litigation by the petitioner before this Court.
2. On an earlier occasion, petitioner was before this Court in W.P. No. 47273 of 2001. She had questioned in the said writ petition the correctness or otherwise of the resolution passed by the Kodagu Zilla Panchayat, Madikeri, dated 10-12-2001.
3. Learned Counsel appearing for the petitioner had sought leave of the Court to withdraw the writ petition. Permission so requested had been granted by this Court and this Court by its order dated 3-1-2002 was pleased to dispose off the writ petition as withdrawn. However, this Court had not granted permission to the petitioner to re-agitate the matter on the same cause of action.
4. An application is filed in that writ petition for modification of the earlier order dated 3-1-2002. That application was not seriously opposed by any one of the Counsels appearing for the contesting respondents. Therefore, the earlier order dated 3-1-2002 had been recalled and permission was granted to the petitioner to re-agitate the matter, if she so desires, on the same cause of action. That is how this writ petition is before this Court.
5. What is questioned in this writ petition by the petitioner is, the correctness or otherwise of the resolution of the respondent-Kodagu Zilla Panchayat, Madikeri, dated 10-12-2001.
6. Brief facts are.-
The general elections to the respondent-Kodagu Zilla Panchayat was held on 20-6-2000. Petitioner is elected as Adhyakshe of the said Zilla Panchayat on 12-7-2000. The term of the office of the Adhyakshe of Zilla Panchayat is for a period of 20 months from the date of assuming the office. The 2nd respondent in the writ petition is the Chief Executive Officer. The other respondents are Vice-President and the members of the 1st respondent-Zilla Panchayat. 2/3rd of the members of the Zilla Panchayat had presented a requisition before the Adhyakshe of the Zilla Panchayat with a request to call for a special meeting. Pursuant to the request so made, the Chief Executive Officer of the Zilla Panchayat had issued a notice dated 18-10-2001 fixing the date of meeting as 27-10-2001 at Vidhanasabangana premises, Madikeri, at 11 A.M. That notice was a subject-matter of a writ petition before this Court in W.P. No. 40067 of 2001. This Court by its order dated 9-11-2001 was pleased to dispose off the writ petition without expressing any opinion on the correctness or otherwise of the notice issued by the Chief Executive Officer on the concession made by both parties to the Us. The Court was furtherpleased to direct the Adhyakshe of the Zilla Panchayat to receive the request that may be filed by majority of the members of the Zilla Panchayat on 15-11-2001 between 11 A.M. to 1.30 P.M. The Court was pleased to issue further directions which may not be necessary to be noticed for the purpose of disposal of this writ petition.
7. After disposal of the writ petition, 2/3rd members of the Zilla Panchayat, had presented a requisition before the Adhyakshe of the 1st respondent-Zilla Panchayat with a request to call for a special meeting to express their no-confidence against Adhyakshe. Pursuant to the request so made, the Adhyakshe of the Zilla Panchayat had issued a note to the Chief Executive Officer dated 29-11-2001 with a request to him, to call for a special meeting to consider the requisition presented by 2/3rd members of the Zilla Panchayat on 10-12-2001 at Vidhanasabangana premises, Madikeri.
8. After receipt of the note from the Adhyakshe, the 2nd respondent herein, namely, the Chief Executive Officer of the Zilla Panchayat, had issued a notice on 29-11-2001 informing the members of the special meeting to consider the requisition made by 2/3rd members of the Zilla Panchayat to express no-confidence motion against the Adhyakshe. The meeting was fixed on 10-12-2001 at 11 A.M. in the Vidanasabangana premises, Madikeri.
9. The correctness or otherwise of the notice issued by the Chief Executive Officer dated 29-11-2001 was questioned by four members of the Zilla Panchayat in W.P. No. 45398 of 2001. This Court by its order dated 3-1-2002 was pleased to reject the said writ petition.
10. On 10-12-2001, it appears, majority of the members of the Zilla Panchayat in the presence of one Sri Iqbal Hussain, who is also the Vice-President of the Zilla Panchayat, have passed a resolution expressing no-confidence motion against the Adhyakshe of the Zilla Panchayat. It is the legality or otherwise of the said resolution dated 10-12-2001, is the subject-matter of this writ petition.
11. When the matter was posted before the Court for preliminary hearing, one of the request made by the learned Senior Counsel Sri Subramanya Jois appearing for the petitioner is that, the petitioner has no desire whatsoever to stick to the office of Adhyakshe and she intends to resign from the office on her own and she does not want to have the stigma of no-confidence motion being passed against her by 2/3rd members of the Zilla Panchayat. In view of that submission made by the learned Senior Counsel, a notice had been ordered by this Court on Sri G.K. Bhat, learned Counsel for the Zilla Panchayat and State Government, Sri S.G. Bhagawan, learned Counsel for majority of the members of the Zilla Panchayat and Sri Govindaraj, learned Counsel for some of the members of the Zilla Panchayat.
12. When the matter was posted before this Court on 15-11-2002, some of the learned Counsels have expressed that petitioner should not be permitted to take advantage of her own faults and an appropriate order should be made by this Court on the correctness or otherwise ofthe resolution passed by 2/3rd members of the Zilla Panchayat dated 10-12-2001.
13. Learned Senior Counsel appearing for the petitioner in support of the relief sought in the writ petition has submitted that, the proceedings held by the Chief Executive Officer under the Chairmanship of the 3rd respondent at 6.20 P.M. on 10-12-2001, is contrary to the provisions of Section 180 of the Karnataka Panchayat Raj Act, 1993 (hereinafter for the sake of brevity and clarity referred to as 'Act 1993') and according to the learned Senior Counsel, the said proceedings are opposed to, in particular, provisions of Section 180(2)(c), (e) and (k) of the Act.
Secondly, it is stated that, the petitioner herein had recorded that the proceedings .of the meeting dated 10-12-2001 has been dissolved at 6.20 P.M. and after such dissolution of the meeting, any proceedings or any meeting held and any resolution passed in the said meeting, would amount to modification or cancellation of the resolution already passed and, therefore, the same is opposed to the provisions of Section 180(2)(k) of the Act. It is also stated by the learned Senior Counsel that, the proceedings held and culminated in passing the impugned resolution dated 10-12-2001, is without jurisdiction, ab initio void and non est in law.
14. Sri G.K Bhat, Sri S.G. Bhagawan and Sri Govindaraj, learned Counsels appearing for the respondents herein sought to justify the impugned resolution passed by the respondent-Zilla Panchayat dated 10-12-2001.
15. The questions that requires to be considered and decided by this Court are:
I. Whether the proceedings held by the second respondent under the Chairmanship of the third respondent at 6.20 P.M. on 10-12-2001, is in any way contrary to the provisions of Section 180 of the Karnataka Panchayat Raj Act, 1993?
II. Whether the resolution passed by majority of the members of the Zilla Panchayat after the meeting was dissolved by the Adhyakshe after 6.20 P.M. on 10-12-2001 is opposed to provisions of Section 180(2)(k) of the Act?
16. In order to answer the aforesaid issues, a peep into the provisions of the Act is necessary.
The object of the Act is, to establish a three-tier Panchayat Raj System in the State with the elected bodies at Grama, Taluk and District levels for greater participation of the people and more effective implementation of rural development programmes.
The expression 'Chief Executive Officer' is defined in the dictionary clause which means the Chief Executive Officer of the Zilla Panchayat.
Sub-section (43) of Section 2 of the Act defines 'Zilla Panchayat' which means Zilla Panchayat established under the Act.
17. Chapter X of the Act provides for constitution of Zilla Panchayat.Section 158 of the Act provides for establishment of Zilla Panchayat and its incorporation.
Sections 193 and 194 of the Act provide for powers and duties of Adhyaksha and Upadhyaksha.
Chapter XII of the Act provides for staff of Zilla Panchayat.
Section 197 of the Act provides for functions, powers and duties of the Chief Executive Officer and other officers.
Section 179 of the Act provides for resignation or removal of Adhyaksha and Upadhyaksha.
Section 180 of the Act provides for meeting of Zilla Panchayat.
In my opinion, these are the only provisions which require to be noticed by me for disposal of this writ petition.
18. Section 177 of the Act provides for Election of Adhyaksha, Upadhyaksha and term of office.
Section 179 of the Act permits the Adhyaksha to resign from his office at any time by writing an appropriate representation addressed to the Government. The Upadhyaksha may resign from his office at any time by writing a representation addressed to the Adhyaksha and in the absence of the Adhyaksha to the Government.
Sub-section (3) of Section 179 of the Act envisages that, Adhyaksha and Upadhyaksha of a Zilla Panchayat shall be deemed to have vacated their office if a resolution expressing want of confidence in them is passed by majority of the total number of elected members of the Zilla Panchayat at a meeting specially convened for that purpose. The proviso appended to the sub-section contemplates that, no resolution expressing want of confidence either in the Adhyaksha or Upadhyaksha shall be made within 6 months from the date of their election.
19. Section 180 of the Act provides for meeting of Zilla Panchayat. An ordinary meeting requires to be held by the Zilla Panchayat for transaction of business at least once in 2 months. For this purpose the Zilla Panchayat is authorised to make Regulations in consistency with the Act or with any Rules made thereunder. The regulations or the rules that could be made is with regard to the day, hour, notice, management and adjournment of its meeting and generally with regard to the transaction of business thereto. The provision also provides that ordinarily the meeting of a Zilla Panchayat requires to be held at the headquarters of the Zilla Panchayat.
20. Under Sub-section (2)(a) of Section 180 of the Act, the date of the 1st meeting of the Zilla Panchayat after its constitution or reconstitution for the purpose of election of an Adhyaksha or Upadhyaksha shall be fixed by the Commissioner. In such meetings, it is the Commissioner, who is required to preside over the meeting. The Adhyaksha is authorised under the same provision whenever he thinks fit to call for a special meeting and the statute mandates that whenever a written request is made by not less than 1/3rd of the total number of members of the ZillaPanchayat, he shall call for a special meeting within 15 days from the date of receipt for such request. Therefore, under Sub-section (2)(a) of Section 180 of the Act, Adhyaksha on his own or on a written request made by not less than 173rd of the total number of members of the Zilla Panchayat, can call for a special meeting. Further, the provisions mandates that whenever a request is made by not less than 1/3rd of total number of members of the Zilla Panchayat, they should specify the object for which meeting is proposed to be called. If for any reason, the Adhyaksha fails to call a special meeting, the Upadhyaksha or 1/3rd of the total number of members of the Zilla Panchayat may call for a special meeting for a day not more than fifteen days after presentation of such request for a special meeting. The provision further mandates that it is for the Chief Executive Officer to give notices to the members and to take such action as is necessary to convene a special meeting.
21. Sub-section (2)(b) of Section 180 of the Act provides for the notice for ordinary meeting and special meeting. It mandates that, there must be ten (10) clear days of notice for an ordinary meeting and seven (7) clear days of notice for a special meeting. The meeting notice should also contain the place, time and business that is proposed to be transacted in such meeting.
22. Sub-section (2)(c) of Section 180 of the Act is relevant for the purpose of the case. Therefore, it is extracted and it is as under.-
'(c) One-third of the total number of members of the Zilla Panchayat shall form a quorum for transacting business at a meeting of the Zilla Panchayat. If, at the time appointed for the meeting a quorum is not present, the person presiding shall, wait for thirty minutes and if within such period there is a quorum proceed with the meeting; but if within such period there is no quorum, the person presiding shall adjourn the meeting to such hour on some future day as he may fix. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of a quorum. At such adjourned meetings at which there is quorum the business which would have been brought before the original meeting shall be transacted'.
23. A reading of the said provision would demonstrate that the Adhyaksha can postpone a meeting only under exceptional circumstance that is, in the absence of a quorum for transacting the business.
24. l/3rd of the total number of members of the Zilla Panchayat would form a quorum for transacting the business at the meeting of the Zilla Panchayat. If for any reason, at the time appointed for the meeting, a quorum is not present, the person presiding over the meeting shall wait for 30 minutes and if within such period there is a quorum, then he may proceed with the meeting and if for any reason, within that 30 minutes period there is no quorum, then the Act authorises the person presiding to adjourn the meeting to such hour on the future date as he may fix. It also authorises the person presiding over the meeting to adjourn the meeting at any time after it has begun, if his attention is drawn to the want of quorum. At the adjourned meeting at which thereis a quorum, the business which would have been brought before the original meeting, shall be transacted. As I have already noticed, only under a special circumstance, namely in the absence of a quorum in the meeting, the person presiding over the special meeting can adjourn the meeting to such hour on a future date as he may fix and under no other circumstance.
25. Sub-section (2)(e) of Section 180 of the Act envisages that, the special meeting shall be presided over by the Adhyaksha or if he is absent or if the office of the Adhyaksha is vacant, by Upadhyaksha and if both Adhyaksha and Upadhyaksha are absent or if their office is vacant or if the Adhyaksha is absent and there is no Upadhyaksha, the members present shall elect one among themselves to preside. The meaning of the expression 'absent', in my opinion, only means that the person is away from the place of meeting.
26. Then we come to the provisions of Sub-section (2)(k) of Section 180 of the Act. The provision commences with a non obstante clause. The provision itself mandates that resolution passed by the Zilla Panchayat cannot be modified and shall not be modified within 6 months after passing thereof, except by a resolution passed by not less than half of the total number of members at an ordinary or special meeting and any notice whereof is given fulfilling the requirements of Sub-section (2)(b) of Section 180 of the Act.
27. Keeping in view the possible construction of the provisions that require to be noticed for the purpose of disposal of this case, let me now notice the contentions canvassed by the learned Counsel appearing for the petitioner.
28. As directed by this Court, a requisition by 2/3rd of the total number of members of the first respondent-Zilla Panchayat was filed before the Adhyakshe on 15-11-2001 between 11 A.M. to 1.30 P.M. After receipt of such requisition, the Adhyakshe had requested by her note dated 29-11-2001, the Chief Executive Officer of the Zilla Panchayat to call for a special meeting to consider the requisition made by 2/3rd members of the Zilla Panchayat by their representation dated 15-11-2001. The Chief Executive Officer on the directions so issued by the Adhyakshe, had called for a special meeting to consider the request made by the 2/3rd members of the Zilla Panchayat in Vidhanasabangana premises, Madikeri at 11 A.M. on 10-12-2001.
29. In the interregnum, some of the members aggrieved by the said notice issued by the Chief Executive Officer, had approached this Court in W.P. No. 45398 of 2001. This Court while entertaining the writ petition had granted an interim order which is dated 7-12-2001. The interim directions/order made by this Court is as under.--
'That the result of the proceedings scheduled to be hold on 10-12-2001 is subject to the result of this writ petition'.
30. The special meeting to consider the request made by 2/3rd members of the respondent-Zilla Panchayat did assemble at 11 A.M. in the Zilla Panchayat's office on 10-12-2001. The Adhyakshe had presidedover the special meeting. For various reasons, the subject-matter of the requisition made by 2/3rd members of the Zilla Panchayat could not be discussed till 6.20 P.M. The Adhyakshe on a request made by one Sri Shashidhar and Sri Arun Machaiah to adjourn the meeting and also in view of certain law and order problem in the Madikeri Town, adjourns the meeting and leaves the meeting hall. Thereafter, on the request made by the other members, who were still sitting in the meeting hall, the Chief Executive Officer of the Zilla Panchayat requests the 3rd respondent herein to preside over the meeting scheduled to be held on 10-12-2001 pursuant to the notice dated 29-11-2001. In the meeting so presided over by the 3rd respondent, a resolution is passed by majority of the members of the respondent-Zilla Panchayat expressing their 'no-confidence' in the Adhyakshe of the Zilla Panchayat.
31. The first question now to be considered is whether the meeting held after 6.20 P.M. when Adhyakshe had left the place, is a meeting in accordance with law and in accordance with the provisions of the Act?
32. Sub-section (2)(a) of Section 180 of the Act mandates that every meeting of the Zilla Panchayat require to be presided over by the Adhyakshe or Adhyaksha. If for any reason, the Adhyakshe or Adhyaksha is absent, or is vacant, then Upadhyaksha can preside over such meeting.
33. In the present case, on a request made by 2/3rd members of the Zilla Panchayat, a special meeting had been called by the Chief Executive Officer of the Zilla Panchayat fixing the hour, day and place of the meeting. The meeting did commence at 11 A.M. in the place notified and Adhyakshe presided over the meeting and thereafter, she 'absents' herself from the meeting. Because of her absence in the meeting, the same was presided over by Upadhyaksha on the request made by majority of the members of the Zilla Panchayat, who were still in the meeting hall. In view of the provisions of Sub-section (2)(e) of Section 180 of the Act, if for any reason, the Adhyakshe or Adhyaksha is absent to preside over a meeting, the meeting can be presided over by Upadhyaksha.
34. As I have already stated, since the subject for which the meeting had been convened by the Chief Executive Officer could not be discussed and any resolution could be passed and, since the Adhyakshe was away from the place of meeting, Upadhyaksha had presided over the meeting and majority of the members of the Zilla Panchayat have expressed no-confidence in Adhyakshe. Therefore, it cannot be said that the resolution passed on 10-12-2001 in the proceedings held by the 2nd respondent under the Chairmanship of the 3rd respondent, in any way contrary to the provisions of Sub-section (2)(e) of Section 180 of the Act.
35. Secondly, the Adhyakshe except for the contingency stated in Sub-section (2)(c) of Section 180 of the Act could have dissolved the meeting and in the instant case, such a contingency was not there and therefore, the Adhyakshe could not have dissolved or postponed the meeting without discussing the Agenda of the special meeting and when Adhyakshe did not discharge her statutory responsibility, the Chief Executive Officer, in my opinion, is justified in continuing the meeting on the request made by the majority of the members of Zilla Panchayat andtherefore, the meeting held by majority of the members after it was dissolved by Adhyakshe does not contravene any statutory provisions.
36. Now, the next question that requires to be considered is, whether the resolution passed after 6.20 P.M. in the proceedings held by the second respondent under the Chairmanship of the third respondent, is in any way opposed to the provisions of Section 180(2)(k) of the Act?
37. As I have already stated, no resolution of a Zilla Panchayat can be modified or cancelled within six months after passing thereof; except under the circumstance envisaged under the sub-section itself. In the instant case, no resolution was passed till 6.20 P.M. when the peti-tioner/Adhyakshe was presiding over the meeting. For the reasons best known to her, Adhyakshe had left the meeting hall and thereby she remained absent for the meeting. As such, no resolution was passed till she presided over the meeting on the appointed day. If for any reason, a resolution had been made, the same could not be modified or cancelled for a period of six (6) months, as envisaged under Sub-section (2)(k) of Section 180 of the Act. Since no such resolution had been passed in the special meeting held on 10-12-2001 till the petitioner/Adhyakshe had adjourned the meeting, it cannot be said that the same is modified by majority of the members of the Zilla Panchayat under the Chairmanship of the third respondent herein, and therefore, the resolution passed under the Chairmanship of the third respondent is not contrary to the provisions of Sub-section (2)(k) of Section 180 of the Act.
38. Since I have answered both the issues against the petitioner, the petition deserves to be rejected. Accordingly, the following: