IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R.NATARAJ WRIT PETITION NO.203515 OF 2024 (LB-ELE)

C/W WRIT PETITION NO.200063 OF 2025(LB-ELE)

IN W.P.NO.203515/2024:

BETWEEN:

SMT. SUDHA W/O UMESH AGE: 30 YEARS, OCC: HOUSEHOLD, R/O MARGUTTI, TQ. KAMALAPUR DIST. KALABURAGI.

…PETITIONER (BY SMT. HEMA L. KULKARNI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF PANCHAYAT RAJ VIDHAN SOUDHA, BANGALORE BY ITS SECRETARY-560001.

2. THE DEPUTY COMMISSIONER, KALABURAGI, DIST. KALABURAGI-585101 3. THE GRAM PANCHAYAT MARGUTTI, TQ. KAMALAPUR DIST: KALABURAGI-585313.

REPRESENTED BY PDO

4. THE RETURNING OFFICER-03 MARGUTTI GRAM PANCHAYAT TQ. KAMALAPUR, DIST: KALABURAGI-585313.

5. SMT. POOJA W/O SANJEEVKUMAR CHAVAN AGE: 27 YEARS, OCC: HOUSEHOLD, R/O MARGUTTI VILLAGE, TQ. KAMALAPUR, DIST. KALABURAGI-585313.

6. GOURAMMA W/O CHITTARANJAN AGE: 27 YEARS, OCC: HOUSEHOLD, R/O MARGUTTI VILLAGE, TQ. KAMALAPUR, DIST. KALABURAGI-585313.

…RESPONDENTS (BY SRI. MALLIKARJUNA SAHUKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2, SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE FOR RESPONDENT NO.5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED LIST ISSUED BY THE RESPONDENT NO.4 DATED 30.11.2024 AT ANNEXURE-E, B) ISSUE DIRECTIONS THE MANDAMUS DIRECT THE RESPONDENT NO.4 TO CONSIDER THE NOMINATION OF ALL S.C.(W) MEMBERS AS AGAINST SCHEDULE TRIBE (W) SEAT, AND TO CONDUCT THE ELECTION OF SCHEDULE TRIBE (W) CANDIDATE MEMBER, LIKE IN CASE OF OTHER CATEGORY MEMBERS I-MARGUTTI GRAM PANCHAYAT.

IN W.P.NO. 200063 OF 2025:

BETWEEN:

SMT. POOJA W/O SANJEEV KUMAR AGED ABOUT 27 YEARS, R/O NO MARGUTTI TANDA TQ. KAMALAPUR, DIST: KALABURAGI.

…PETITIONER (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, VIDHANA SOUDHA, BENGALURU-1. 2. THE DEPUTY COMMISSIONER, KALABURAGI, DIST. KALABURAGI.585101

3. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, MARAGUTTI, TQ. KAMALAPURA, DIST. KALABURAGI.585313

4. THE RETURNING OFFICER, MARGUTTI GRAM PANCHAYAT TQ. KAMALAPURA, DIST. KALABURAGI.585313

5. THE AUTHORISED OFFICER, THE TAHSILDAR, KAMALAPUR TQ: KAMALAPUR, DIST. KALABURAGI.585313

6. SMT. SUDHA, W/O UMESH AGED ABOUT 31 YEARS, OCC: H. H. WORK R/O MARGUTTI VILLAGE, TQ. KAMALAPURA, DIST. KALABURAGI.585313 …RESPONDENTS (BY SRI. MALLIKARJUNA SAHUKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 2 AND 5;

SMT. HEMA L. KULKARNI, ADVOCATE FOR RESPONDENT NO.6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED CALENDAR OF EVENTS DATED 02.01.2025 IN NO. SAM:KAM:GRAMPANCHUNAVANE:13:2024-25 ISSUED BY RESPONDENT NO. 5 VIDE ANNEXURE-E.

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

CORAM: HON'BLE MR JUSTICE R.NATARAJ ORAL ORDER W.P. No.203515/2024 is filed challenging the list of candidates released by the respondent No.4 on 30.11.2024. The petitioner has also sought for a writ in the nature of mandamus to direct the respondent No.4 to consider the nomination of all Scheduled Caste (Woman) members as against Scheduled Tribe (Woman) seat and to conduct the election of Scheduled Tribe (Woman) candidate member in respect of ward No.1 of Margutti Gram Panchayat.

2. W.P. No.200063/2025 is filed challenging the calendar of events dated 02.01.2025 issued by the respondent No.5 proposing to hold a meeting of the members for election of Adhyaksha and Upadhyaksha of ward No.1 of Margutti Gram Panchayat.

3. Since facts in both these petitions are similar, both these petitions are taken up for disposal. For the sake of brevity, the name of the concerned petitioner shall be mentioned hereafter.

4. The petitioner in both these writ petitions are residents of Margutti village. The Deputy Commissioner issued a calendar of