IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 55235 OF 2017 (LB-RES)

BETWEEN:

MR. G. SOMASHEKAR S/O LATE GANGAPPA, AGED 40 YEARS, RESIDING AT NO.1 VADERAHALLI, MATHAHALLI POST, DASANAPURA HOBLI, BENGALURU-562162 …PETITIONER (BY SRI. NISHANTH A.V., ADVOCATE)

AND:

1. CHIEF ACCOUNTS OFFICER BENGALURU URBAN ZILLA PANCHAYATH, 515, 1^ST CROSS ROAD, CHANDRA LAYOUT, UMARGHAG LAYOUT, Digitally BANASHANKARI TEMPLE WARD, signed by BENGALURU-560078 SUMA Location:

HIGH 2. CHIEF EXECUTIVE OFFICER COURT OF BENGALURU URBAN ZILLA PANCHAYAT KARNATAKA

515, 1^ST CROSS ROAD, CHANDRA LAYOUT, UMARBHAG LAYOUT, BANASHANKARI TEMPLE WARD, BENGALURU-560078

3. THE EXECUTIVE OFFICER TALUK PANCHAYAT, BENGALURU NORTH TALUK NES OFFICE ROAD, SUGGAPPA LAYOUT, EAST COLONY YELAHANKA, BENGALURU-560064

4. HUSKURU GRAMA PANCHAYAT DASANAPURA HOBLI, BENGALURU NORTH TALUK-562162 REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER

5. THE POLICE INSPECTOR MADANAYAKANAHALLI POLICE STATION, SIDEDAHALLI MAIN ROAD, MADANAYAKAHALLI, BENGALURU-562162 …RESPONDENTS (BY SRI. MAHESH R. UPPIN, ADVOCATE FOR RESPONDENT NOS.1 AND 2;

SRI. M.S. DEVARAJU, ADVOCATE FOR RESPONDENT NOS.3 AND 4;

SRI. B. BOPANNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.5;

SRI. SAMPATH BAPAT, ADVOCATE FOR PROPOSED RESPONDENT)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE REPORT DATED 12.07.2017 VIDE ANNEXURE-C BEARING NO.BUZP:CAO:PAVA:ACCOUNTS-2:GRAPAN:2017-18 AND ETC. 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 has challenged the report of respondent No.1 bearing No.¨ÉA£Àf¥ÀA:ªÀÄįÉC:¥ÀªÀ:¯ÉPÀÌ-2:UÁæ¥ÀA:2017-18 dated 12.07.2017 (Annexure - C). He has also challenged the communication bearing No.DqÀ½vÀ(1)¹¹J-08/2017-18 dated 25.10.2017 addressed by the respondent No.2 to the respondent No.3 based on the report at Annexure - C. He has also challenged a notice bearing No.¨ÉAGvÁ¥ÀA/PÁPÉãÆÉ Ã/2017-18 dated 16.11.2017 addressed by the respondent No.3 to the respondent No.4. Likewise, he has challenged the communication dated 04.12.2017 addressed by the respondent No.3 to the respondent No.5 to register a complaint in view of the report at Annexure - C.

2. (i) The petitioner was elected as the President of the respondent No.4 - Grama Panchayat. A notice dated 16.11.2017 was issued to him by respondent No.3 calling for an explanation regarding findings of the respondent No.1 in his report dated 12.07.2017. The petitioner replied to the notice dated 16.11.2017 contending that respondent No.1 had no authority to entertain a complaint and also to conduct an enquiry. The petitioner contends that he was not aware of the enquiry being conducted by the respondent No.1 and no notice in that regard was issued by the respondent No.1. The respondent No.2 addressed a letter dated 25.10.2017 to the respondent No.3 directing him to initiate proceedings under Section 43-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (henceforth referred to as 'Act, 1993') and also initiate criminal action. The petitioner then challenged the letter dated 25.10.2017 addressed by the respondent No.2, report dated 12.07.2017 submitted by the respondent No.1 and the consequent notice dated 18.11.2017 in W.P.No.54139/2017. The said writ petition was dismissed on the ground that it was premature as the reply of the petitioner was yet to be considered.

(ii) The petitioner contends that he was not issued with any notice of hearing and that respondent No.3 had addressed a letter dated 04.12.2017 to respondent No.5 to register a case against him. While doing so, respondent No.3 had referred to the reply furnished by the petitioner to the show cause notice, thereby establishing that the letter dated 04.12.2017 was also based on the report of the respondent No.1 dated 12.07.2017. The petitioner contends