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2023 Supreme(Online)(KAR) 9322
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NC: 2023:KHC-K:7783-DB
WA No. 200105 of 2023
C/W WA No. 200106 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO. 200105 OF 2023 (LB-ELE)
C/W
WRIT APPEAL NO. 200106 OF 2023 (LB-ELE)
IN W.A.NO.200105/2023
BETWEEN:
1.
AMBIKA W/O GOVIND HULMANI,
AGED ABOUT 48 YEARS,
OCC: MEMBER SUNTANOOR GRAM PANCHAYAT,
R/O: NEAR PANCHAYATI SUNTANOOR VILLAGE,
TQ: ALAND, DIST: KALABURAGI-585311.
2.
ASHADEVI W/O ARJUN WAGGAN,
AGED ABOUT 30 YEARS,
OCC: MEMBER SUNTANOOR GRAM PANCHAYAT,
R/O: BHEEM NAGAR, SUNTANOOR VILLAGE,
TQ: ALAND, DIST: KALABURAGI-585311.
…APPELLANTS
(BY SRI. RAVI B. PATIL, ADVOCATE)
Digitally signed by
KHAJAAMEEN L
MALAGHAN
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC-K:7783-DB
WA No. 200105 of 2023
C/W WA No. 200106 of 2023
AND:
1.
THE STATE OF KARNATAKA
DEPT. OF PANCHAYAT RAJ
VIDHANA SOUDHA,
BENGALURU-560 001.
BY ITS SECRETARY
2.
THE STATE ELECTION COMMISSIONER,
CUNNINGHAM ROAD,
BENGALURU-560001.
3.
THE DEPUTY COMMISSSIONER,
KALABURAGI DISTRICT,
KALABURAGI-585401.
4.
THE GRAM PANCHAYAT,
SUNTANOOR, TQ: ALAND,
DIST: KALABURAGI-585401.
REPRESENTED BY PDO.
5.
THE DESIGNATED OFFICER,
GRAM PANCHAYAT SUNTANOOR,
BLOCK EDUCATION OFFICER,
ALAND, DIST: KALABURAGI-585 401.
6.
SMT. NAGAMMA W/O BHEEMSHA DANNUR,
AGED ABOAUT 54 YEARS,
OCC: MEMBER OF GRAM PANCHAYAT,
SUNTANOOR,
R/O: SUNTANOOR VILLAGE,
DIST: KALABURAGI-585401.
7.
SMT. REKHA W/O RAVINRA,
AGED ABOAUT 35 YEARS,
OCC: MEMBER OF GRM PANCHAYAT,
SUNTANOOR,
R/O: SUNANOOR VILLAGE,
DIST: KALABURAGI-585401.
…RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1, R3 & R5
SRI. P.S. MALIPATIL, ADV. FOR R2;
SRI. VENKATESH C. MALLABADI, ADV. FOR R4;
SMT. RATNA N. SHIVAYOGIMATH AND
SRI. SANTOSH H. PATIL, ADV'S FOR R6 & R7)
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NC: 2023:KHC-K:7783-DB
WA No. 200105 of 2023
C/W WA No. 200106 of 2023
THIS APPEAL IS FILED U/S 4 OF KARNATAKA HIGH
COURT ACT, PRAYING TO CALL FOR THE RECORDS IN WRIT
PETITION NO. 202285/2023 ON THE FILE OF LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT. TO SET ASIDE THE ORDER
IMPUGNED DATED 08.08.2023, PASSED IN WRIT PETITION NO.
202285/2023 AND CONSEQUENTIALLY TO DISMISS THE WRIT
PETITION IN ENTIRETY, IN THE INTEREST OF JUSTICE. ISSUE
A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.5 TO
DECLARE THE APPELLANTS AS DULY ELECTED IN VIEW OF
ONLY NOMINATION RECEIVED WITHIN SPECIFIED TIME ON
02.08.2023 AS PER THE CALENDAR OF EVENTS WITHOUT
INSISTING FOR THE QUORUM IN THE MEETING.
IN W.A.NO.200106/2023
BETWEEN:
1.
SMT. MANGALABAI
W/O TUKARAM KELINKERI,
AGE: 40 YEARS,
OCC: GRAM PANCHAYAT MEMBER BODHAN,
R/O: BODHAN VILLAGE,
TQ: ALAND, DIST: KALABURAGI.
2.
NAGAMMA W/O SHIVAPUTRAPPA,
AGE: 40 YEARS,
OCC: GRAM PANCHAYAT MEMBER BODHAN,
R/O: BODHAN VILLAGE,
TQ: ALAND, DIST: KALABURAGI.
…APPELLANTS
(BY SRI. AMEETH KUMAR DESHPANDE ADV. FOR
SRI. MAHADEV S. PATIL , ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF PANCHAYAT RAJ
VIDHANA SOUDHA, BANGALURU-560 052,
REPT. BY SECRETARY
2.
THE STATE ELECTION COMMISSIONER,
CUNNINGHAM ROAD,
BANGALORE-01.
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NC: 2023:KHC-K:7783-DB
WA No. 200105 of 2023
C/W WA No. 200106 of 2023
3.
THE DEPUTY COMMISSSIONER,
KALABURAGI, DIST: KALABURAGI-585101.
4.
THE GRAM PANCHAYAT,
BODHAN, TQ: ALAND,
DIST: KALABURAGI-585401.
REPRESENTED BY PDO.
5.
THE DESIGNATED OFFICER,
GRAM PANCHAYAT BODHAN,
CHILD DEVELOPMENT PROJECT OFFICER,
ALAND, DIST: KALABURAGI.
6.
SMT. CHANDRAKALA
W/O SANTOSHA KAMBHALE,
AGE: 39 YEARS,
OCC: MEMBER OF GRAM PANCHAYAT BODHAN,
TQ: ALAND, DIST: KALABURAGI-585401.
7.
PRAKASH S/O CHANDRASHA NARONI,
AGE: 47 YEARS,
OCC: MEMBER OF GRAM PANCHAYAT BODHAN,
TQ: ALAND, DIST: KALABURAGI-585401.
…RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1, R3 & R5
SRI. P. S. MALIPATIL, ADV. FOR R2;
SRI. VENKATESH C. MALLABADI, ADV. FOR R4;
SMT. HEMA L. K., ADV FOR R6 & R7)
THIS APPEAL IS FILED U/S 4 OF KARNATAKA HIGH
COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL BE SET-
ASIDE
THE
IMPUGNED
PASSED
IN
WP.
NO.
202284/2023(LB-ELE) DATED 08.08.2023 IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR ADMISSION AND
HAVING BEEN HEARD AND RESERVED ON 03.08.2023,
COMING
ON
FOR
PRONOUNCEMENT
THIS
DAY,
RAJESH RAI K. J., DELIVERED THE FOLLOWING:
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JUDGMENT
The grievance of the appellants in these two appeals
is in respect of common issue pertaining to election of
Adhyaksha and Upadhyaksha of two village panchayats,
challenged under different writ petitions and both writ
petitions allowed by the learned Single Judge vide order
dated 08.08.2023, against the said orders, these two writ
appeals are filed. Hence, both these appeals are taken up
for disposal in this common order.
The
factual
matrix
of
the
case
in
W.A.No.200105/2023 are that the appellants are elected
members of Gram Panchayat Suntanoor village. In the
said Gram Panchayat, the post of Adhyaksha and
Upadhyaksha became vacant due to completion of first
tenure, therefore the calendar of event for holding election
of Adhyaksha and Upadhyaksha was issued on 02.08.2023
by scheduling the meeting for election on 02.08.2023 at
1.10 p.m. It is clarified that the nominations to the post
of Adhyaksha and Upadhyaksha were to be filed before
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11.00 A.M. on 02.08.2023. The appellants being
aspirants, filed their nominations within specified time on
02.08.2023, which were duly accepted after due scrutiny
at 1.00 p.m. However, out of 13 Gram Panchayat
Members, only 06 members were present in the meeting
and there were no other nominations received by the 5th
respondent. Hence, the 5th respondent adjourned the
meeting to 09.08.2023 for lack of quorum.
The respondent Nos.6 and 7 being aware of the
proceedings dated 02.08.2023, having failed to file any
nomination, have approached the learned Single Judge in
W.P.No.202285/2023 with a specific pleading that they
being the aspirants to contest for the post of Adhyaksha
and Upadhyaksha, had approached the office of Panchayat
with their respective nominations, however the 5th
respondent has not permitted them to file nomination,
therefore, they returned without filing their nominations.
The learned Single Judge after considering the facts and
circumstances of the case, allowed the writ petition and
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directed the 5th respondent to issue fresh calendar of
events permitting the 6th and 7th respondents to file
nomination. The said order of the learned Single Judge is
challenged in the above appeal.
In W.A.No.200106/2023, the facts are that, the
appellants are elected members of Gram Panchayat
Bodhan village, Tq: Aland. In the said Gram Panchayat,
the post of Adhyaksha and Upadhyaksha became vacant
due to completion of first tenure, therefore the calendar of
event for holding election of Adhyaksha and Upadhyaksha
was issued on 02.08.2023 by scheduling the meeting for
election on 02.08.2023 at 1.10 p.m. It is clarified that the
nominations to the post of Adhyaksha and Upadhyaksha
were to be filed before 12.00 noon on 02.08.2023. The
appellants being the aspirants, filed their nomination
within specified time on 02.08.2023, which were duly
accepted after due scrutiny at 2.10 p.m. However,
election was not conducted on account of short of quorum
and accordingly, adjourned to 09.08.2023.
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The respondent No.6 and 7 being aware of the
proceedings dated 02.08.2023, having failed to file any
nomination, have approached the learned Single Judge in
W.P.No.202284/2023 with a specific pleading that they
being the aspirants to contest for the post of Adhyaksha
and Upadhyaksha, had approached the office of Panchayat
with their respective nominations, however the 5th
respondent has not permitted them to file nomination on
the ground that there is no quorum, therefore the meeting
will be adjourned to 09.08.2023, therefore, they returned
without filing their nominations. The learned Single Judge
after considering the facts and circumstances of the case,
allowed the writ
