The High Court of Karnataka on Wednesday ordered issue of notice to the State on a petition filed by presidents of some zilla panchayats challenging a provision of the Karnataka Panchayat Raj Act, which refers to the procedure for acceptance of resignation of presidents/vice-presidents of ZPs without holding any enquiry on the “cause” of the resignation.
Justice Vineet Kothari passed the order on the petitions filed by C.P. Rajesh, president of Ramanagaram ZP, and three others complaining that political parties to which they belong were either “forcing” or “pressurising” them to resign from the post after serving for one year of the total five years of their tenure, in order to elect other aspirants.
The Act allows conduct of an enquiry “into the cause of resignation and be satisfied that resignation has not been submitted under threat, coercion, undue influence, and allurement, and is submitted voluntarily” before acceptance of resignation of presidents/vice-presidents of gram panchayats, besides empowering the assistant commissioner/deputy commissioner to reject resignation based on such enquiry. However, no such “protection” in the nature of holding an enquiry into the cause of resignation has been provided for presidents/vice-presidents of taluk or zilla panchayats in the Act, the petitioners contended.
The petitioners have sought a declaration from the court that Section 179(1) of the Act is “unconstitutional” for being in violation of the Article 14 of the Constitution as it deprives equal “protection” to the presidents/vice-presidents of zilla panchayats as granted to the presidents/vice-presidents of gram panchayats under Section 48 of the same Act.
