IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO.18935 OF 2025 (LB-RES)

BETWEEN:

SRI.HANUMEGOWDA S V S/O VISHAKANTAIAH AGED ABOUT 42 YEARS MEMBER NAGARAKERE GRAM PANCHAYAT R/AT NAGARAKERE VILLAGE KASABA HOBLI MADDUR TALUK MANDYA DISTRICT-571 428 …PETITIONER (BY SRI.TEJAS N, ADVOCATE)

AND:

Digitally signed by SUMA

1. STATE OF KARNATAKA Location: REPRESENTED BY ITS PRINCIPAL SECRETARY HIGH COURT OF DEPARTMENT OF RURAL DEVELOPMENT KARNATAKA AND PANCHAYAT RAJ AMBEDKAR VEEDHI M.S. BUILDING BENGALURU-560 001

2. THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ AMBEDKAR VEEDHI M.S. BUILDING BENGALURU-560 001

3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH K.V.SHANKARAGOWDA ROAD PES COLLEGE CAMPUS MANDYA-571 401

4. THE EXECUTIVE OFFICER MADDUR TALUK PANCHAYATH MANDYA-571 401

5. PANCHAYAT DEVELOPMENT OFFICER NAGARKERE GRAM PANCHAYATH MADDUR TALUK MANDYA-571 401

6. NAGARAKERE GRAM PANCHAYAT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MADDUR TALUK MANDYA-571 401

7. THE REGIONAL COMMISSIONER MYSURU DIVISION VINOBA ROAD OPP. KALAMANDIR MYSURU-570 005 …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, ADVOCATE FOR R.1, R.2 AND R.7 SRI.M.S.DEVARAJU, ADVOCATE FOR R.3 TO R.6)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT/ORDER/DIRECTION QUASHING ORDER DATED 27-05-2025 ISSUED BY RESPONDENT NO.2 IN FILE NO.GRAAPA 540 GRAPAA

2024, PRODUCED AT ANNEXURE-A IN SO FOR PETITIONER IS CONCERNED 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 order bearing No.GraAPa 540 GraPaA 2024 dated 27.05.2025 passed by respondent No.2, by which the petitioner was disqualified under Section 43(A)(iii) of the Karnataka Grama Swaraj and Panchayath Raj (Amendment) Act, 1993 (for short 'Act, 1993') for a period of 6 years and was disqualified from contesting elections for a period of 6 years under Section 43A(2) of the 'Act, 1993'.

2. The petitioner was an elected member of respondent No.6. As he failed to attend four consecutive meetings of the Panchayat, a show-cause notice was issued on 14.02.2024 followed by an enquiry conducted by respondent No.7, who submitted a report stating that the petitioner had failed to attend four consecutive meetings.

Following this, respondent No.2 passed the impugned order disqualifying the petitioner under Section 43(A)(iii) of the Act, 1993 and held that the petitioner is not entitled to contest elections to the panchayath for a period of 6 years as provided under Section 43A(2) of the Act, 1993.

The petitioner is therefore before this Court.

3. The petitioner contends that though he had not attended three consecutive meetings, he was not informed of the fourth meeting. He submits that even before respondent No.7, he was not served with notice of the inquiry and thus, he did not appear before respondent No.7. He, therefore, prays that an opportunity be granted to him to establish that he did not receive notice of the 4^th General Meeting of the Panchayat.

4. When this petition was taken up for final disposal, a memo is filed by the learned counsel for the petitioner enclosing therewith a letter submitted by the petitioner to respondent No.6 indicating that he has submitted his resignation resigning from the membership of respondent No.6. Therefore, he contends that the proceedings initiated by respondent No.2 may be set at naught.

5. The learned AGA, on the other hand, submitted that the resignation must have been submitted to the Assistant Commissioner, who is the competent Authority and not to respondent No.6. Therefore, he contends that the resignation tendered by the petitioner cannot be accepted.

6. A perusal of the report submitted by the respondent No.7 shows that the petitioner did not appear before respondent No.7 at the time of inquir