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2020 Supreme(Kar) 2300

KRISHNA S.DIXIT
Vithal S/o Veerappa – Appellant
Versus
State of Karnataka Deputy Director and Ex Officio Under Secretary of the Government (Gram Panchayat) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Hanmanthraya Sindol, Advocate
For the Respondent: Sri Shivakumar R. Tengli, Sri Prashant S. Kumman, Sri Jairaj K. Bukka

ORDER :

1. Petitioners being Members of Gram Panchayat, Chatnalli in Bidar Taluk through these petitions are knowing at the doors of Writ Court for laying a challenge to the order dated 12.11.2019 passed by the respondent No.1 – State of Government under Sections 12 & 43A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘Act’, for short) whereby their membership has been removed, on fault ground.

2. After service of notice, contesting respondents having entered appearance through their learned Advocates opposed the writ petitions contending that after a thorough enquiry with participation of these petitioners having been held their membership has been cancelled because of their proven misconduct; the findings as to misconduct being factual, Writ Court cannot undertake a deeper examination because of the restrictive scope of it’s constitutionally vested jurisdiction. So contending they seek dismissal of the writ petitions.

3. All these cases have broadly a common fact matrix and legal parameters, and therefore they are taken together for final disposal with the concurrence of the Bar. I have heard the learned counsel for the parties and perused the petition papers and I have a

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