IN TH HIGH COURT OF K RNAKA A B*NGAUR ted this t 8th day of June 1998 i’H] HON’BIa UR, JUiIICK CHNSHEKIAH WRIT PIT1ON NO. 9510/1’j97 Between: Ananda Ravi, 3/o,N.B.Rmaiah, iged about 52 years, laluk Fancayath Member, Nagraghatta Laluk Panchayath Constituency, riptur 1 aluk, iuttkur i.istrict, ,,Petitioner (sri S.4.Rajesh, M/s.Kesvy & Co.,) 1, Ihe state of Kar na ka, by its ecretar, Housing and Urban Devop— m.nt Lepartnient, M ti1dLngs, Banlo.e—560 001. 2. Ihe Secretary to Govrirnent, Rural eve— lopment & Pancbayath ttaj Department, M.’’. Bjldjs, qnga1ore,60 001, , ihe Depity Commissioner, T umkur istrict, 1 umkur, 4. Ihe Returning Of icer & ubJivisional Officer, Liptur Sb—Djijo, £i pt ur, -2- 5. T he Taluk 9 Panchayeth, T iptur Taluk, T iptur, by its ecretary, 6. Sri Yogananda, S/o.Gqvi Rangaiah, Aged about 50 yeass, R/o. Hale Paly, Huchagondanahasli, Tiptur T aluk, Tipr Dist. 7. Sri 5 hivanna, S/o,Dasappa, Aged about 50 years, /o,Maranagere, Madihallit -onstituency, Tiptur Taluk, ,,Respondents (°ri K. Nagaraja, HCGP ror R•j to ‘.4. R, served, bri M.’J.Maheswarappa, CGSC for ii.6) grit petition is filed under Aricies 226 9 nd 22t Os the Constitution of India praying to hold that R.6 nd R,7 ceaoed to be the mambers of the .5 Panchayath by virtue of tie no;ifications issued by the Uovernment Vide tnnexures b and C and direct R, to furnihthe iniormaLon called for by the second respondent vide its letter daue 22.2.19( vide AnnejeH, lhis petition coming up for pr1iØnary hearing in ±5 group today, the Court made the following: ORDER T he petitionr nsa sought for a dirctaon declaring resonctents 6 and 7 are ceased to be t*he membtrs of 5th respondent—aluk Panchayat in 5 hiS writ tition. RespondentS 6 and 7 a a — aasa as a — — a a a — S S are elected s members of the aluk Panchayat from the constiuency consisting of many villages. Two villages from out of the s 5 id consttuency are subs quently declared as part at smaller urban area i’oo-uei under °ections 3 and 9 of the Karnata1 Municipalities Act, In view of this inclusion the p..titioner has filed this writ tition to declare V rtsoondents 6 and 7 are ceased to be the members of the ‘aluk Panchayat. 2, It is not the case of the petitioner ‘- ‘—C the entire constitencyAwhere respondents 6 and 7 are elected as nmbers ci the T aluk Pancbayat is included in the smaller urban area. Ihat is to Say, only a portion of the constituency has been included in the smaller urban area. If tbt is so, it will not take away the right 4 of respondents 6 and ,7 to epnt as members of the -aluk Panchayat si—nce they are continued to be the rePresentaflzsathe ccnstituency wese mjor portioncontinued to be the part of the ialuk Pane ayat. In the said view of the matter, there cannot be any deals rabion declarin respondents 6 and 7 are cesed to be the ber of the Taluk Panc1yat. Hence this writ petition is rejected. Sd/ JUDGE G/110b9t3