Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Panchayats - Karnataka Gram Swaraj and Panchayat Raj Act 1994 1993 - s.177 - Karnataka Panchayat Raj (Election of Adhyaksha and Upadhayaksha of Zilla Panchayat) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Panchayats - Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - s.177 - Karnataka Panchayat Raj (Election of Adhyaksha and Upadhyaksha of Zilla Panchayat) Rules, 1994 - r. 7 - Zilla Panchayat Elections - Election of. 'Adhyaksha ', challenged u/Art.226 by the voters, who are not the members of the Zilla Panchayat - Maintainability of - Single Judge of High Court dismissed the writ petition on the ground of maintainability in view of the bar contained in cl.(b) of Art. 243-0 - Division Bench set aside the order of the Single Judge and remanded back the matter for fresh disposal of the case - Appellant challenged the legality and correctness of the Division Bench s order - Held: Power of judicial review u/Art. 226/227 is the part of the basic structure of _the Constitution, which can neither be tinkered with or eroded - Therefore, it cannot be said that the writ petition filed by -respondents u/Art. 226 is not maintainable - In instant cau, Respondents cannot challenge the election of the appellant to the office of Adhyaksha by filing an election petition as though they are voters, but not the members of the Zilla Panchayat in quested - However. a voter who is not a member cannot be denied opportunity to challenge the election to the office of Adhyaksha u/A.rt.226/227 of the Constitution - Thus, writ petition filed by respondents before High Court is maintainable - Constitution of India - Arts.226/227, 243-0. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2017 INSC 768 |
Petitioner | Smt. Bharati Reddy |
Respondent | The State Of Karnataka And Ors. |
SCR | [2017] 8 S.C.R. 859 |
Judgement Date | 2017-08-17 |
Case Number | 10587 |
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