SMT. BHARATI REDDY versus THE STATE OF KARNATAKA AND ORS.

SMT. BHARATI REDDY versus THE STATE OF KARNATAKA AND ORS.

A voter of the Zilla Panchayat who is not a member cannot be denied an opportunity to challenge the election to the office of Adhyaksha under Articles 226/227 of the Constitution. Therefore, the writ petition filed by such voters before the High Court is maintainable, as the power of judicial review is a basic structure of the Constitution which cannot be ousted by statute or constitutional amendment.

Parties
Appellant: Smt. Bharatireddy; Respondents: The State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
17 August 2017
Procedural Posture
Civil Appeal / Judgment on Appeal From Division Bench of High Court Remanding Writ Petition for Fresh Disposal
Outcome
Appeal disposed of; writ petition held maintainable.
Legal Topics
Judicial Review, Maintainability of Writ Petition, Panchayat Raj Elections
Constitutional Law Election Law Local Governance (panchayats) Judicial Review Maintainability of Writ Petition Panchayat Raj Elections

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Parties

Smt. Bharatireddy

Appellant

The State of Karnataka and Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal From Division Bench of High Court Remanding Writ Petition for Fresh Disposal

Legal Issues

  1. 1 Whether a writ petition challenging the election of the Adhyaksha by voters who are not Zilla Panchayat members is maintainable in light of Article 243-O(b) of the Constitution.

Ratio Decidendi

A voter of the Zilla Panchayat who is not a member cannot be denied an opportunity to challenge the election to the office of Adhyaksha under Articles 226/227 of the Constitution. Therefore, the writ petition filed by such voters before the High Court is maintainable, as the power of judicial review is a basic structure of the Constitution which cannot be ousted by statute or constitutional amendment.

Court Disposition

Appeal disposed of; writ petition held maintainable.

Orders

  • Learned Single Judge of High Court to dispose of the writ petition expeditiously, preferably within four weeks.
  • Appellant permitted to function as Adhyaksha until disposal of writ petition; continuation subject to outcome.