- 1 - HC-KAR NC: 2025:KHC-K:3347 WP No. 201102 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201102 OF 2025 (LB-RES) BETWEEN: 1. AKSHARABAI W/O YEMAJI KAMBLE, AGED ABOUT 65 YEARS, OCC: MEMBER, GRAM PANCHYATH, V.K.SALAGAR. 2. SUKSHATA W/O RAVI, AGED ABOUT 30 YEARS, OCC: MEMBER, GRAM PANCHYATH, V. K. SALAGAR VILLAGE, 3. MAINABAI W/O VASANT, AGED ABOUT 52 YEARS, OCC: MEMBER, GRAM PANCHYATH V. K. SALAGAR VILLAGE. 4. KUSTURBAI W/O SHANTVEER, AGED ABOUT 57 YEARS, OCC: MEMBER, GRAM PANCHYATH, V. K. SALAGAR VILLAGE. 5. SHIVANAND S/O MURAGEAPPA, AGED ABOUT 59 YEARS, OCC: MEMBER, GRAM PANCHYATH, V.K.SALAGAR VILLAGE. 6. SHIVAMMA W/O SURYAKANTH, AGED ABOUT 49 YEARS, OCC: MEMBER, GRAM PANCHYATH, V. K. SALAGAR VILLAGE. 7. SAVITA W/O GANAPATHI, AGED ABOUT 58 YEARS. OCC: MEMBER, GRAM PANCHYATH, V. K. SALAGAR VILLAGE. Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3347 WP No. 201102 of 2025 8. SUSHILABAI W/O HONNANAYAKA, AGED ABOUT 67 YEARS, OCC: MEMBER, GRAM PANCHYATH, V. K. SALAGAR VILLAGE. 9. NEELKANTH S/O SHIVANNA, AGED ABOUT 38 YEARS, OCC: MEMBER, GRAM PANCHYATH ALL PETITIONERS ARE R/O. V. K. SALAGAR VILLAGE, TQ. KAMALAPUR, DIST. KALABURAGI-585316. …PETITIONERS (BY SRI. PREETAM DEULGAONKAR, AND SRI. S. V. DESHMUKH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDING, BENGALURU-560001. 2. ELECTION COMMISSIONER, KARNATAKA STATE ELECTION COMMISSION K.S.C.M.F. BUILDING, NO.8, CUNNINGHAM ROAD, BENGALURU-560052. 3. DEPUTY COMMISSIONER, KALABURAGI-585101. 4. ASSISTANT COMMISSIONER, KALABURAGI-585101. 5. EXECUTIVE OFFICER, TALUKA PANCHAYAT, KAMALAPUR-585313. - 3 - HC-KAR NC: 2025:KHC-K:3347 WP No. 201102 of 2025 6. TAHASILDAR KAMALAPUR DIST. KALABURAGI-585313. 7. PANCHAYAT DEVELOPMENT OFFICER, V.K.SALAGAR, TQ. KAMALAPUR, DIST. KALABURAGI-585316. 8. SAVITRI W/O DAYANAND AGED ABOUT 42 YEARS, OCC: MEMBER, GP, V.K.SALAGAR R/O. V.K.SALAGAR, TQ. KAMALAPUR, DIST. KALABURAGI-585316. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA FOR R1, R3, R4 AND R6; R5 SERVED; SRI. SUDARSHAN M., ADVOCATE FOR R2; SRI. KRUPA SAGAR PATIL, ADVOCATE FOR R7; SMT. HEMA L. K., ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE ANY WRIT OF MANDAMUS OR ORDER OR DIRECTIONS TO THE RESPONDENTS TO CONSIDER THE PETITIONER’S REPRESENTATIONS TO THE 4TH RESPONDENT DATED 03.12.2023 PRODUCED HEREWITH AS ANNEXURE-B, REPRESENTATION TO THE 5TH RESPONDENT DATED 05.12.2023 PRODUCED HEREWITH AS ANNEXURE-C, REPRESENTATION TO 4TH RESPONDENT DATED 04.01.2024 PRODUCED HEREWITH AS ANNEXURE-D, REPRESENTATION TO 7TH RESPONDENT DATED 27.09.2024 PRODUCED HEREWITH AS ANNEXURE-F, REPRESENTATION TO 5TH RESPONDENT DATED 07.10.2024 PRODUCED HEREWITH AS ANNEXURE-G REPRESENTATION DATED 11.04.2024 TO RESPONDENT NO.3 PRODUCED HEREWITH AS ANNEXURE-K AND REPRESENTATION DATED 11.04.2024 TO RESPONDENT NO.4 PRODUCED HEREWITH AS ANNEXURE-K1, 2) KINDLY ISSUE ANY WRIT OR ORDER OR DIRECTIONS TO THE RESPONDENTS TO INITIATE THE PROCEEDINGS U/S. 43-A OF KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT 1993 AS EXPEDITIOUSLY AS POSSIBLE, WITHIN A LIMITED TIME FRAME - 4 - HC-KAR NC: 2025:KHC-K:3347 WP No. 201102 of 2025 AS IS NECESSARY IN CONSIDERATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioners are the members of V.K.Salagar Gram Panchayat. Respondent No.8 is also a member of V.K.Salagar Gram Panchayat. On the ground that the conduct of respondent No.8 is unbecoming of a member of Gram Panchayat and she deserves to be removed as per Section 43-A of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short hereinafter referred to as ‘the Act’), the petitioners herein gave representation to the concerned authorities. As no action has been initiated against respondent No.8, the present writ petition is filed with the following prayers: "1) Kindly issue any writ of mandamus or order or directions to the respondents to consider the petitioner’s representations to the 4th respondent - 5 - HC-KAR NC: 2025:KHC-K:3347 WP No. 201102 of 2025 dated 03.12.2023 produced herewith as Annexure-B, representation to the 5th respondent dated 05.12.2023 produced herewith as Annexure-C representation to 4th respondent dated 04.01.2024 produced herewith as Annexure-D, representation to 7th respondent dated 27.09.2024 produced herewith as Annexure-F, representation to 5th respondent dated 07.10.2024 produced herewith as Annexure-G, representation dated 11.04.2024 to respondent No.3 produced herewith as Annexure-K and representation dated 11.04.2024 to respondent No.4 produced herewith as Annexure-K-1; 2) Kindly issue any writ or order or directions to the respondents to initiate the proceedings U/S. 43-A of Karnataka Gram Swaraj and Panchayat Raj Act 1993 as expeditiously as possible, within a limited time frame as is necessary in consideration of the facts and circumstances of the case, in the interest of justice and equity; 3) Kindly issue any writ or order or directions to the respondents to remove the 8th respondent from the membership of the V.K.Salagar Gram Panchayat, Kamalapur Taluk, District Kalaburagi; 4) Kindly issue any writ or order or directions to the respondent authorities as is necessary in - 6 - HC-KAR NC: 2025:KHC-K:3347 WP No. 201102 of 2025 consideration of the facts and circumstances of the case, in the interest of justice and equity.” 2. Section 43A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 reads as under: “43-A. Removal of members.– (1) The Government if it thinks fit, on the recommendation of the Gram Panchayat, or otherwise, may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary, – (i) if he has been guilty of misconduct in the discharge of duties or of any disgraceful conduct; (ii) become incapable of performing duties as a member, or persistently remiss in performing duties; (a) on being medically unfit to hold the post as may be certified by the district surgeon; (b) as a result of insolvency or of unsound mind, (iii) has failed to attend four consecutive meetings of the panchayat, and in the case of an Adhyaksha or Upadhyaksha, failed to convene two consecutive meetings which were either due or were necessary; or - 7 - HC-KAR NC: 2025:KHC-K:3347 WP No. 201102 of 2025 (iv) if the member, by coercion or fraud entice any voter or member of Gram Panchayat or Taluk Panchayat or Zilla Panchayatas as the case may be to trade the post of member or Adhyaksha or Upadhyaksha of Gram Panchayat or Taluk Panchayat or Zilla Panchayat, as the case may be, during election for a consideration; (v) in the execution of any work of the panchayat, contractual or otherwise found involved directly with any person who is a nearest relative in the family or otherwise associated in any transaction related to such work as a partner, employee or a member on the Committee of such organisation, or otherwise. Explanation.- For the purpose of this section, nearest relative in the family means, - (a) the wife or husband of a person residing with her or him; (b) son or daughter or step-son or step- daughter; (c) any other person related, whether by blood or marriage who is wholly dependent on such person; (2) An Adhyaksha or Upadhyaksha or member so removed shall cease to function as such member and shall be disqualified from contesting election as provided in sections 12 of the Act to any panchayat for the next six years.” - 8 - HC-KAR NC: 2025:KHC-K:3347 WP No. 201102 of 2025 3. Perusal of the aforementioned provision makes it clear that it is for the Government, if it thinks fit, on the recommendation of the Gram Panchayat, or otherwise, to remove any member after giving him an opportunity of being heard, if he violates the mandate as per law can initiate appropriate proceedings against him. It is not for the Courts to order removal of such a member. For that reason, the writ petition is hereby dismissed. 4. However, it is clarified dismissal of the writ petition shall not come in the way of the Government to initiate appropriate action against respondent No.8, if it deems it fit to do so. 5. In view of dismissal of the writ petition, I.A.No.1/2025 does not survive for consideration and the same is accordingly dismissed. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 31 CT:SI