1

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 02^nd DAY OF JULY 2021

BEFORE

THE HON9BLE MR. JUSTICE H.T.NARENDRA PRASAD

WRIT PETITION No.101892/2021 (LB-ELE)

BETWEEN:

1 .

IRAPPA ISHWARAPPA NADGOUDAR

AGE. 49 YEARS,

PRESIDENT OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG

2 . MANJULA MOHAN HULLANNAVAR

AGE. 51 YEARS,

VICE PRESIDENT OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG

3 . REKHA THIMAREADY ALAVANDI

AGE. 48 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

4 . SHAKUNTALAL RAVIRAJ CHOUHAN

AGE. 35 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

5 . RENUKA SHIVAPUTRAPPA AVARADI

AGE. 52 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

6 . DEVAKA MALESHAPPA LAMANI

AGE. 53 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

7 . MALAVVA VIRAPPA BICHUR

AGE. 42 YEARS,

2

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

8 . SHOBA BASAVARAJ METTI

AGE. 58 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

9 . ISHWARAPPA SHIVAPPA HULALI

AGE. 52 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

10 . SHIDALINGESHWAR HOLEYAPGOUDA PATIL

AGE. 38 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

11 . SHAKUNTALA RAVINDRANATH MULIMANI

AGE. 55 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

12 . HANUMANTHAPPA YALAPPA PUJAR

AGE. 55 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

13 . SHIVALINGAPPA PARAMESHWARAPA BALIGER

AGE. 65 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

14 . LALITHA CHANDRESHEKHAR HUNASHIKATTI

AGE. 45 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG

15 . SHIVAKUMAR LINGABASAPPA NILGUND

AGE. 45 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

16 . RAJUGOWDA SZANKANGOWDA KENCHANGOUDAR

AGE. 48 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

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TQ. GADAG, DIST. GADAG.

17 . VASAPPA KUBYRAPPA KURADAGI

AGE. 67 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

18 . ROOPA MANJUNATH ANGADI

AGE. 30 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

19 . PADIYAPPA HANUMANTHAPPA PUJAR

AGE. 32 YEARS,

MEMBER OF ZILLA PANCHAYATH , GADAG

TQ. GADAG, DIST. GADAG.

...Petitioners

(By Sri.SUNIL S. DESAI, ADV.)

AND

1 . THE STATE OF KARNATAKA

REPRESENTED BY ITS UNDER SECRETARY (ZP)

DEPARTMENT OF RURAL DEVELOPMENT

AND PANCHAYAT RAJ, VIKAS SOUDHA,

BENGALURU-560001

2 . THE DEPUTY COMMISSIONER

GADAG, DIST. GADAG-583201

3 . THE CHIEF EXECUTIVE OFFICER

ZILLA PANCHAYAT,

GADAG, DIST. GADAG-583201

4 . THE DISTRICT IN-CHARGE SECRETARY AND

THE ADMINISTRATOR,

GADAG ZILLA PANCHAYATH, GADAG

(WHO IS ALSO HOLDING THE POST OF THE SECREATARY,

DEPARTMENT OF LABOUR,

THE STATE COMMISSIONER, REHABILITATION AND

RESTRUCTURE)

PIN CODE-583201

&..Respondents

(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1, R2 AND R4;

SRI.LAXMAN T MANTAGANI, ADV. FOR R3)

4

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT

ORDER OR DIRECTION, IN THE NATURE OF CERTIORAI, QUASHING

THE ORDER BEARING NO.GRAAPAMRA 212 GPAS 2021 BANGALORE

DATED 26.04.2021 PASSED BY THE 1ST RESPONDENT AS PER

ANNEXURE-C IN SO FAR AS IT RELATES TO GADAG ZILLA

PANCHAYAT AS ILLEGAL ARBITRARY AND ONE PASSED IN

VIOLATION OF THE CONSTITUTION OF INDIA.

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

This writ petition is directed against the order dated

26.04.2021 passed by the 1^st respondent to appoint an

Administrator to Zilla Panchayat under Section 321 of the

Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (8the

Act9 for short).

2.

The petitioners are the members of Zilla

Panchayat having been elected for a term of 5 years. The

term is over. As per Article 243E(3)(a) of the Constitution

of India, the election to