IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 7^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO.200008 OF 2025 (LB-ELE)

BETWEEN:

USHA W/O BASAPPA, AGE ABOUT 44 YEARS, OCC: MEMBER OF GRAM PANCHAYAT HARVI, R/O HARVI VILLAGE, TQ. SIRVAR, DIST. RAICHUR …PETITIONER (BY SRI. SHRIHARSHA R. HARWAL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY, DEPT. OF PANCHAYAT RAJ, M.S.BUILDING, BENGALURU-1

2. REGIONAL COMMISSIONER AIWAN-E-SHAHI ROAD, KALABURAGI

3. DEPUTY COMMISSIONER RAICHUR-584101.

4. ASSISTANT COMMISSIONER, RAICHUR SUBDIVISION, RAICHUR-584101.

5. CHIEF EXECUTIVE OFFICER, TALUKA PANCHAYAT, RAICHUR RAICHUR.

6. EXECUTIVE OFFICER, TALUKA PANCHAYAT, RAICHUR RAICHUR

7. PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT HARVI TQ. SIRVAR DIST: RAICHUR.

…RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4 SRI. GOURISH S. KASHAMPUR, ADVOCATE FOR RESPONDENT NOS.5 TO 7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT MORE SO IN THE NATURE OF CERTIORARI AND MANDAMUS I) DIRECT THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 07-12- 2024, MADE BY THE PETITIONER HEREIN AND PASS SUITABLE ORDERS, THE COPY OF WHICH IS AT ANNEXURE-D B) QUASH THE NOTICE DATED 24.12.2024 CALLING FOR ELECTION OF ADHYAKSHA MEETING TO BE HELD ON 08.01.2025 ISSUED BY RESPONDENT NO.6, THE COPY OF WHICH IS WHICH AT ANNEXURE-E.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R.NATARAJ ORAL ORDER The petitioner claims to be a member of the Gram Panchayat, Harvi, Sirvar Taluk, Raichur District, which comprises of 16 members. She contends that on a complaint lodged by one Sri Bheemanna Nayak to the respondent No.5 against the erstwhile President of the Panchayat and 11 members, an enquiry was initiated by the respondent No.2. The respondent No.2 submitted a report dated 19.07.2024 holding that the 12 members of the Gram Panchayat, Harvi (henceforth referred to as ‘the Panchayat’ for brevity) were guilty of misappropriation of funds in the names of their relatives and recommended suitable action against 12 members under Sections 43A and 48(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short, ‘the Act, 1993’). The respondent No.1 issued show cause notice/s dated 26.08.2024 and 02.12.2024 to the 12 members of the Panchayat based on the report submitted by the respondent No.2. It is alleged that the said 12 members did not submit any reply to the notice/s issued to them by the respondent No.1.

2. When things stood thus, a representation was submitted by the 2/3^rd of the members of the Panchayat on 07.12.2024 expressing no-confidence against the President of the Panchayat. The said no-confidence motion was passed at a meeting held on 07.12.2024 resulting in the post of the President of the Panchayat falling vacant. The petitioner being a member of the Panchayat submitted a representation dated 07.12.2024 to the respondent No.1 requesting it not to conduct fresh election to the post of Adhyaksha / President of the Panchayat in view of the proceedings pending against 12 members, as stated above. The petitioner contends that the respondent No.3 has now appointed the respondent No.6 as the Returning Officer to conduct election to the post of Adhyaksha of Panchayat, which is scheduled to be held on 08.01.2025.

3. Being aggrieved by the non-consideration of the representation of the petitioner dated 07.12.2024 by the respondent No.1 and the notice dated 24.12.2024 issued by the respondent No.6 proposing to hold elections to the post of Adhyaksha of Panchayat on 08.01.2025, the petitioner is before this Court.

4. Learned counsel for the petitioner contends that 12 members out of the 16 members are already facing disqualification and therefore, no proceedings can be held for electing the President of the Panchayat. He submits that the r