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HIGH COURT OF KARNATAKA
SRI. C. SHANKAR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP/3357/2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2021
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.3357/2021 (LB-ELE)
BETWEEN:
1. SRI. C. SHANKAR
S/O. CHIKKANANJAIAH,
AGED ABOUT 37 YEARS,
MEMBER,
HONGANURU GRAM PANCHAYATH,
R/AT HONGANURU VILLAGE,
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117.
2. SRI. MANIKANTA SWAMY
S/O. NANJUNDAIAH,
AGED ABOUT 30 YEARS,
MEMBER,
HONGANURU GRAM PANCHAYATH,
R/AT HONGANURU VILLAGE,
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117.
3. SRI. SHIVANNAGOWDA
S/O. NANJUNDAGOWDA,
AGED ABOUT 45 YEARS,
MEMBER,
HONGANURU GRAM PANCHAYATH,
R/AT HONGANURU VILLAGE,
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117.
4. SRI. MAHADEVA SHETTY
S/O. LATE NANJUNDASHETTY,
AGED ABOUT 45 YEARS,
MEMBER,
HONGANURU GRAM PANCHAYATH,
R/AT HONGANURU VILLAGE,
2
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117.
5. SMT. ROOPA. C
W/O. MOHAN KUMAR. R,
AGED ABOUT 30 YEARS,
MEMBER,
HONGANURU GRAM PANCHAYATH,
R/AT HONGANURU VILLAGE,
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117.
6. SMT. SHYALAJA
W/O. NAGARAJU,
AGED ABOUT 40 YEARS,
MEMBER,
HONGANURU GRAM PANCHAYATH,
R/AT HONGANURU VILLAGE,
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117.
7. SMT. NAGARATHNAMMA
W/O. BAGARASWAMY,
AGED ABOUT 38 YEARS,
MEMBER,
HONGANURU GRAM PANCHAYATH,
R/AT HONGANURU VILLAGE,
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117.
8. SMT. KAVITHA
W/O. NATARAJU,
AGED ABOUT 38 YEARS,
MEMBER,
HONGANURU GRAM PANCHAYATH,
R/AT HONGANURU VILLAGE,
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117.
9. SMT. CHAITRA. M
W/O. BILIGIRIRANGANAIKA,
AGED ABOUT 40 YEARS,
VICE PRESIDENT,
HONGANURU GRAM PANCHAYATH,
R/AT HONGANURU VILLAGE,
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117.
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10. SMT. VISHALAKSHI
W/O. DIVAKAR,
AGED ABOUT 40 YEARS,
MEMBER,
HONGANURU GRAM PANCHAYATH,
R/AT HONGANURU VILLAGE,
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117. ...PETITIONERS
(BY SRI.P MAHESHA, ADV.)
AND:
1. THE STATE OF KARNATAKA
RURAL DEVELOPMENT AND
PANCHAYATH RAJ,
M.S. BUILDING,
3RD FLOOR,
BENGALURU-560 001.
2. THE PRESIDING AUTHORITY AND
ASSISTANT EXECUTIVE ENGINEER,
PWD SUB-DIVISION,
CHAMARAJANAGAR-571 313.
3. THE DEPUTY COMMISSIONER
CHAMARAJANAGAR DISTRICT,
DISTRICT OFFICE BUILDING,
CHAMARAJANAGAR-571 313.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH,
CHAMARAJANAGAR DISTRICT,
CHAMARAJANAGAR-571 313.
5. THE EXECUTIVE OFFICER
TALUK PANCHAYATH,
CHAMARAJANAGAR-571 313.
6. THE PANCHAYATH DEVELOPMENT OFFICER
HONGANNUR GRAM PANCHAYATH,
CHAMARAJANAGAR DISTRICT-571 117.
7. RAVIKUMAR. S
S/O. SRIKANTAIAH,
AGED ABOUT 34 YEARS,
PRESIDENT,
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HONGANURU GRAM PANCHAYATH,
R/O. HONGANURU VILLAGE
CHAMARAJANAGAR TALUK
AND DISTRICT-571 117. …RESPONDENTS
(BY SRI.K.R.NITYANANDA, HCGP. FOR R1 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE
AND QUASH THE IMPUGNED PROCEEDINGS OF THE MEETING
VIDE
RESOLUTION
DATED
03.02.2021
VIDE
ANNX-D
CONDUCTED BY THE R2 PRESIDING AUTHORITY OF THE
HONGANNUR GRAM PANCHAYATH.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
The petitioners are before this Court under Article
226 of the Constitution of India challenging the
resolution dated 03.02.2021 vide Annexure-D, by which
Adhyaksha and Upadhyaksha of the 6th respondent-
Honganuru Gram Panchayat are elected unopposed.
2.
Heard Sri P. Mahesha, learned counsel for the
petitioners and Sri K.R. Nityananda, learned HCGP for
respondents 1 and 3.
3.
Learned counsel for the petitioners would submit
that notice was issued fixing the date as 02.02.2021 for
electing Adhyaksha and Upadhyaksha of Honganuru
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Gram Panchayat. On 02.02.2021 the meeting wa
