Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:2823 WP No. 201382 of 2025
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.201382 OF 2025 (LB-ELE) BETWEEN:
SMT. SHAILA W/O NINGAPPA BIRADAR, AGE ABOUT 43 YEARS, OCC:
PRESIDENT/ADHYAKSHA, HIKKANGUTTI-2 GRAM PANCHAYAT, R/O. HIKKANGUTTI-2, TQ. SINDAGI, DIST. VIJAYAPURA-586202.
…PETITIONER (BY SRI.ASHOK B.MULAGE, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDING, BENGALURU-560001.
2.
THE DEPUTY COMMISSIONER, VIJAYAPURA, DIST. VIJAYAPURA-586101.
3.
THE ASSISTANT COMMISSIONER, INDI, TQ. INDI, DIST. VIJAYAPURA-586209.
4.
THE GRAM PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT HIKKANGUTTI-2, TQ. SINDAGI, DIST. VIJAYAPURA-586 202.
Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:2823 WP No. 201382 of 2025
5.
ELECTION OFFICER, GRAM PANCHAYAT HIKKANAGUTTI, EXECUTIVE OFFICER, TALUKA PANCHAYAT DEVARAHIPPARAGI, TQ. DEVARAHIPPARAGI, DIST. VIJAYAPURA-586202
6.
PRAKASH SHANMUKHA ADAVI AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, HIKKANGUTTI, TQ. SINDAGI, DIST. VIJAYAPURA-586202.
7.
SARASWATI RAMESH TALWAR, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, HIKKANGUTTI, TQ. SINDAGI, DIST. VIJAYAPURA-586202.
8.
ARJUN S/O. CHANDAPPA DODDAMANI, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, HIKKANGUTTI, TQ. SINDAGI, DIST. VIJAYAPURA-586202.
9.
PARMESHWAR NAGAPPA DESAI AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, HIKKANGUTTI, TQ. SINDAGI, DIST. VIJAYAPURA-586202.
10. MANANDA PARASAPPA MADAR, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, HIKKANGUTTI, TQ. SINDAGI, DIST. VIJAYAPURA-586202.
11. GIRIJABAI VITTAL BADIGER, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT,
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HC-KAR NC: 2025:KHC-K:2823 WP No. 201382 of 2025
HIKKANGUTTI, TQ. SINDAGI, DIST. VIJAYAPURA-586202.
12. CHANDRAKANTH S/O. RAMANNA SANNAMANI, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, HIKKANGUTTI, TQ. SINDAGI, DIST. VIJAYAPURA-586202.
13. SHIVAPPA S/O. AMRUTH MARABAD AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, HIKKANGUTTI, TQ. SINDAGI, DIST. VIJAYAPURA-586202.
14. VITTAL YASHWANTRAYA BIRADAR AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, HIKKANGUTTI, TQ. SINDAGI, DIST. VIJAYAPURA-586202. …RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI. ARUNKUMAR AMARAGUNDAPPA, AND SRI. ANNARAYA M. PATIL, ADVOCATES FOR R6 TO R14 )
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 NOTICE DATED 07.05.2025 UNDER ANNEXURE-G ISSUED BY THE RESPONDENT NO.4 IN FILE NO vÁ.¥ÀA.zÉÃ/ZÀÄ£ÁªÀuÉ/UÁæ.¥ÀA/¹.Dgï 2025-26/1233.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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HC-KAR NC: 2025:KHC-K:2823 WP No. 201382 of 2025
ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN)
The petitioner in the instant writ petition has challenged the calendar of events published regarding elections to be conducted to the post of President of Hikkangutti Gram Panchayat, Sindagi Taluk.
2. The petitioner was President of Hikkangutti Gram Panchayat. No-confidence motion was moved against her. The petitioner preferred W.P.No.200885/2025 challenging the said no-confidence motion. The said writ petition was dismissed. Subsequently, no-confidence motion has been moved against the petitioner and she has been removed from the post of President in accordance with law. Thereafter, election has been announced for the post of the President of Hikkangutti Gram Panchayat. The same is challenged herein.
3. The case of the petitioner is that, she did not participate in the meeting of no-confidence motion moved
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HC-KAR NC: 2025:KHC-K:2823 WP No. 201382 of 2025
against her and she was not communicated as to whether she was removed from the said post or not and without communicating it to her, the election could not have been announced to the post of President.
4. Per contra, learned Additional Government Advocate submits that the petitioner was indeed supplied with the copy of the result of no-confidence motion and he has made available the said copy to the Court as well as to the counsel for the petitioner. The same is dated
29.04.2025.
5. Admittedly, the petitioner has been removed from the post of President in accordance with law. Thereafter, elections have been conducted for the said post. She cannot challenge the same only on the ground that her removal from the post of President has not been communicated to her. Further, the said allegation of fact is also disputed by the counsel for respondents including the learned Additional Government Advocate.
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HC-KAR NC: 2025:KHC-K:2823 WP No. 201382 of 2025
6. For the aforementioned reasons, I do not see any merit in the writ petition and the same is hereby dismissed.
7. It is needless to state that the authorities concerned are at liberty to declare the result of election to the post of President of Hikkangutti Gram Panchayat.
Sd/- (M.I.ARUN) JUDGE
VNR List No.: 1 Sl No.: 23 CT:SI