Karnataka Court January 2005 Judgments

Abdul Nazeer and ors. Vs. Deputy Commissioner and ors.

Court: Karnataka

Reported in: ILR2005KAR1110; 2005(2)KarLJ191

ORDERV. Gopala Gowda, J. 1. I.A.I/2004 filed by the elected members of Uppinangady Gram Panchayat and who have tendered resignations, is allowed as they are necessary and proper parties as their resignations are not considered and accepted in accordance with law.2. The petitioners are the duty elected members of 2nd respondent Gram Panchayat. They have filed these Writ Petitions seeking to quash the impugned order at Annexure-A dated 26-10-2004 passed by the first respondent dissolving the Gram Panchayat and appointing Administrator on the ground that out of 16 members, 11 members have tendered resignation.3. In paragraph 4 of the Writ Petitions it is stated that the resignation letters were dated 4-9-2004 and the President of Gram Panchayat accepted the same on 18-9-2004. It is further stated that the President tendered her resignation on 10-9-2004 itself and the same has been accepted by the Asst. Commissioner under Annexure-D dated 20-9-2004.4. The impugned order cannot be sustained...