- 1 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1909 OF 2025 (LB-RES) C/W WRIT PETITION NO. 30978 OF 2024 (LB-RES) IN W.P.No.1909 OF 2025: BETWEEN: SMT.RUKMINI.P.M., W/O LATE MURALI.P AGED ABOUT 64 YEARS, R/O JANATHA COLONY, MADAPATTANA, KUSHALANAGARA., SOMWARPET TALUK, KODAGU DISTRICT-571 234. …PETITIONER (BY SRI. MOHAN K.N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S.BUILDING, DR.AMBEDKAR VEEDI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI-571 201. 3. THE ASSISTANT COMMISSIONER, MADIKERI SUB-DIVISION, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 MADIKERI-571201 KODAGU DISTRICT. 4. THE EXECUTIVE OFFICER, TALUK PANCHAYAT, SOMAWARAPETE TALUK, SOMAWARAPETE, KODAGU DISTRICT-571 236. 5. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, GUDDEHOSURU, KUSHALANAGARA TALUK, KODAGU DISTRICT-571 234. 6. SRI. PRAVEEN KUMAR.M.K., S/O LATE KUSHALAPPA., AGED ABOUT 38 YEARS, R/O MADAPATNA VILLAGE AND POST, BAICHANALLI, KUSHALANAGARA TALUK KODAGU DISTRICT-571 234. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-3; SRI. P.B.ACHAPPA., ADVOCATE FOR R-4 & R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 08.01.2025 BEARING No.THAPAMSO/ADALITHA/GRAPAM/2024-25 ISSUED BY THE R-4 AT ANNEXURE-F, ETC. IN W.P.No. 30978 OF 2024 BETWEEN: SRI.N.S.JAGA, SON OF LATE N.S.SOMAIAH, AGED 46 YEARS, - 3 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 RESIDING AT KUSHANAGAR TALUKU, RASULPURA, GUDDEHOSUR, KODAGU DISTRICT KARNATAKA-571 234. …PETITIONER (BY SRI. S.R.KAMALACHARAN., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT 3RD GATE, 3RD FLOOR, M.S.BUILDING, BANGALORE-560 001. 2. ASSISTANT COMMISSIONER, OFFICE OF THE SUB-DIVISIONAL OFFICER, MADIKERI SUB-DIVISION, KODAGU DISTRICT, KARNATAKA-571 234. 3. DEPUTY COMMISSIONER, OFFICE OF THE SUB-DIVISIONAL OFFICER, MADIKERI SUB-DIVISION, KODAGU DISTRICT, KARNATAKA-571 234. 4. PANCHAYAT DEVELOPMENT OFFICER, GODDEHOSUR GRAM PANCHAYAT, KUSHALNAGAR TALUK, KODAGU DISTRICT, KARNATAKA-571 234. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-3; SRI. P.B.ACHAPPA., ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYIG TO DECLARE THAT PURSUANT TO THE GAZETTE NOTIFICATION - 4 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 BEARING No.UDD 221 MLR 2021(e) DATED 08.12.2022 ISSUED BY R-1, VIDE ANNEXURE-A GUDDEHOSUR GRAMA PANCHAYAT STOOD DISSOLVED WITH EFFECT FROM THE SAID DATE, ETC. THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 03.02.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR JUSTICE N S SANJAY GOWDA CAV ORDER 1. One N.S.Jaga, a resident of Rasalpura village, which comes within the jurisdiction of Guddehosur Gram Panchayat, has filed W.P.No.30978/2024 seeking a declaration that by reason of the notification dated 08.12.2022 published in the gazette, Guddehosur Gram Panchayat stood dissolved. 2. He is also seeking for a mandamus to be issued to respondent No.3 – Deputy Commissioner to take necessary action as provided under Section 118 of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - 5 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 (for brevity, “the 1993 Act”). Incidentally, he also seeks for a declaration that No-Confidence motion dated 28.10.2024 which had been initiated by the erstwhile members of Guddehosur Gram Panchayat was illegal and non-est. 3. During the pendency of aforesaid writ petition, W.P.No.1909/2025 was filed by one Rukmini, a member of Guddehosur Gram Panchayat who had been elected as the Adyaksha of Guddehosur Gram Panchayat, in the election held on 22.12.2020, for a term of five years. 4. In said writ petition, she seeks to challenge the Official Memorandum dated 08.01.2025, a copy of which is produced at Annexure-F to said writ petition, by which, the Executive Officer of Taluka Panchayat, Somwarpet, has appointed the Upadhyaksha to discharge the functions of Adhyaksha as said post had become vacant by passing of No-Confidence motion against Rukmini. - 6 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 5. She also seeks to challenge the meeting notice dated 20.01.2025 which has been convened to consider several subjects relating to the business of Panchayat. 6. In both these writ petitions, the principal contention advanced by the petitioners is that the Government had issued a notification dated 08.12.2022 constituting Kushalnagara City Municipal Council under Sections 3 & 4 of the Karnataka Municipalities Act, 1964 (for brevity, “the 1964 Act”) and in said notification, a part of Madapatna village which was a part of Guddehosur Gram Panchayat was included and brought within the jurisdiction of Kushalanagara City Municipal Council. 7. The petitioners contend that by virtue of Section 118 of the 1993 Act, the moment a panchayat area is divided, then, the Gram Panchayat which had been constituted earlier would cease to exist and all the members of Gram Panchayat would have to vacate - 7 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 their office and the Deputy Commissioner would be required to constitute a new panchayat area. 8. The petitioners, basically, contend that by virtue of a part of Madapatna village being taken out of the purview of Guddehosur Gram Panchayat, a division of the panchayat area is effected and consequently, Section 118 of the 1993 Act would come into operation. 9. Chapter – VI of the 1993 Act provides for conversion of smaller urban area or a transitional area into a panchayat area and amalgamation and contains only 4 sections. 10. Section 114 is the interpretation clause defining certain expressions used in the Chapter. Section 115 of Chapter VI of the 1993 Act deals with the effect of conversion of smaller urban area or transitional area into a panchayat area, which would result in the dissolution of the Municipal Council and the deemed constitution of an interim Panchayat. Section 116 - 8 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 provides for the term of the members of the interim panchayat. 11. Section 117 of the 1993 Act deals with effect of amalgamation of panchayat areas and basically states that when two or more contiguous panchayat areas are amalgamated and declared to be a panchayat area, by issuance of a notification under Section 4, the Gram Panchayats of such local area would cease to exist and all the members of such Gram Panchayats would vacate office. 12. At the same time, for the amalgamated panchayats area, an interim gram panchayat would stand constituted and the Deputy Commissioner is required to nominate members who shall as far as practicable be members of the erstwhile dissolved Gram Panchayats. 13. The intent behind Section 117 is rather clear. It is to ensure that whenever two panchayats are amalgamated, the panchayats which existed prior to - 9 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 amalgamation should stand dissolved and an interim gram panchayats should come into existence automatically and the Deputy Commissioner would be required to nominate members, who happened to be the members of earlier panchayats, to be the members of the interim gram panchayat. 14. Section 117 of the 1993 Act is, in essence, a transitory provision, which deals with a situation whenever two or more panchayath areas are merged or amalgamated, which, in turn, results in disruption of discharge of obligations conferred upon the erstwhile panchayats. Section 117 basically ensures continuity of a panchayath to ensure the residents are not affected and for this purpose the members of the erstwhile panchayath areas are required to be nominated by the Deputy Commissioner to ensure that there is no disruption and there is indeed a continuity. - 10 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 15. While Section 117 deals with amalgamation, Section 118 of the 1993 Act deals with consequences of dividing of a panchayat area. 16. For the purpose of these writ petitions, Section 118(1)(a) & (b) and the proviso to it would be necessary and are reproduced as under: “118. Effect of division of Panchayat area.- When during the term of office of the members of a Grama Panchayat any local area comprised within the limits of a panchayat area ceases to be a panchayat area, and is declared as constituting two or more new panchayat areas by virtue of notification under Section 4, not withstanding anything contained in this Act, with effect from the date on which such notification is issued (hereinafter in this section referred to as the specified date) the following consequences shall ensue, namely.- (a) The Grama Panchayat constituted in respect of such local area (hereinafter referred to as the existing Grama Panchayat) shall cease to exist and all the members of such Grama Panchayat shall vacate office; (b) There shall be constituted for the new panchayat areas, Grama Panchayats (hereinafter in this - 11 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 section referred to as interim Grama Panchayats) consisting of members nominated by the Deputy Commissioner and such members shall as far as may be practicable be persons who are the members of the existing Grama Panchayat: Provided that if as on the specified date there were no elected members in the existing Grama Panchayat the Deputy Commissioner may by order appoint such person (hereinafter referred to as the Administrator) to exercise all powers and perform all duties of the Grama Panchayat, for such period but not exceeding six months as he may specify;” 17. As could be seen from the above provision, it is only if a panchayat area is divided into two or more panchayat areas, by virtue of issuance of a notification under Section 4, will Section 118 of the 1993 Act be attracted. If a panchayat area is not divided, then Section 118 will have no application. 18. A panchayath area has been defined as an area declared to be a panchayath area under Section 4 of the 1993 Act. Section 4 states that any area - 12 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 comprising of a village or a group of villages which have a population of less than five thousand and not more than seven thousand can be declared to be a panchayath area after following the procedure prescribed therein. Thus, a panchayath area would be an area comprising of ‘a village or a group of villages’ and would be declared depending upon the population of the village or group of villages. 19. In order to attract a division of a panchayath area as envisaged under Section 118 of the 1993 Act, it is necessary that an entire village or a group of villages should be taken out of the jurisdiction of an existing panchayath. Given the fact that the formation of a panchayath area is dependent on the number of residents of the area, it is obvious that the taking out of a village or a group of villages, would definitely and invariably result in the reduction of the total number of residents and thereby reduce the number - 13 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 of residents that are required to be available for the existence of a panchayath. 20. It must be kept in mind that the population necessary for the existence of a panchayath is not large and should be in the range of 5000 to 7000, the exclusion of an existing village would drastically reduce the population and thereby infringe upon the population criteria prescribed under Section 4 of the 1993 Act. 21. In this case, as could be seen from the notification produced by the petitioner in W.P.No.30978/2024 at Annexure-A, it is clear that Guddehosur Gram Panchayat continues to exist and there is neither a division of its panchayat area into two or more panchayat areas. All that has been done under the notification is that a portion of Madapatna village, comprising of certain specified survey numbers, which were a part of Guddehosur Gram Panchayat - 14 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 have been brought within the municipal control of Kushalnagar Municipal Council. 22. Since only a certain specified survey numbers of the Madapatna village have been excluded from the purview of the Guddehosur Gram Panchayath and are brought within the jurisdiction of Kushalnagar Municipal Council, it is clear that the number of residents who are necessary and are required to comprise a panchayath area has neither been affected nor has it been reduced and the number of people residing in the panchayat area continues to be to same as before. 23. It is therefore clear that Guddehosur Gram Panchayat continues to exist with the same number of villages and there was neither a division of a panchayat area, nor was there an amalgamation of two or more panchayat areas. Consequently, the argument of the petitioner that there is a division of - 15 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 Guddehosur Gram Panchayat is wholly without any substance. 24. In this regard a reference to Section 302 of the 1993 Act1 would also be necessary, since it would throw light on the provisions relating the consequences of a panchayath area coming within a larger or a smaller urban area. This section states that, during the term of the office of a member of a panchayath, if a whole area comprised in a territorial constituency represented by such member, is included in a larger urban area or a smaller urban or even a transitional area, then, two consequences would ensue, notwithstanding whatever was stated in the Act. 1 Consequences of absorption of part of a panchayat area or on an area within the limits of the district or Taluk into a larger urban area etc.- (1) If during the term of office of a member of a Grama Panchayat or Taluk Panchayat or Zilla Panchayat, any area within the limits of a panchayat area, Taluk or district being a whole area comprised in a territorial constituency represented by such member is included in, any larger urban area, smaller urban area or transitional area or if such area within the limits of a panchayat area of Taluk is converted into a smaller urban area or transitional area (hereinafter referred to as other local area) notwithstanding anything contrary contained in this Act, or any other law for the time being in force, the following consequences shall ensue with effect from the date of such inclusion, or conversion namely:- 1. 302 and 302A Substituted by Act 10 of 1997 w.e.f. 14.8.1997. (a) such members shall cease to be a member of the Zilla Panchayat or Taluk Panchayat or Grama Panchayat, and the total number of elected members of such Zilla Panchayat or Taluk Panchayat or Grama Panchayat as the case may be, as determined already shall stand reduced accordingly - 16 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 25. The first effect is described under sub-section (a), which would only be relevant to this case, and it states that such members shall cease to be members of the panchayath and the strength of the panchayath itself would stand reduced to that extent. 26. It is thus clear that for a membership of a panchayath to cease, the whole of the area comprised in a territorial constituency represented by a member is required to be included in the urban area. This is obviously because if the entire area, which he represented and was elected to represent, stands transferred into an urban area constituted under the 1964 Act, the question of him representing that constituency would stand extinguished. The concept of a local self government, primarily, is based on the fact that representation of a constituency should be by a person, who is elected by its constituents. If the constituency whom he represents is itself no longer a part of the local self - 17 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 government, there would be no need of his representation in the local self government because that local self government would not be governing the area which he represented. 27. In this regard, a reference may also be made to the provisions of the Karnataka Municipalities 1964 Act, especially the provisions of Chapter XV and XVI of the 1964 Act, which deals with Town Panchayath and provisions for conversion of panchayath area into a smaller urban area and for amalgamation and division of smaller urban areas, to understand the legal effect and the context of a panchayath area coming within a transitional area or a smaller urban area. 28. These provisions depict the manner in which a panchayath area or a portion of the panchayath area could evolve into a transitional area (which is deemed to be a municipal area for which a Town - 18 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 Panchayath is to be constituted) or into a smaller urban area. 29. In this case, we are concerned with the constitution of a City Municipal Council i.e., a specified smaller urban area whose population is less than 50,000 and which is deemed to be a municipal area by virtue of Section 3 (1) of the 1964 Act and as a consequence, the examination of Sections 357 and 359 of the 1964 Act would be necessary. 30. Section 357 of the 1964 Act deals with a situation when any local area ceases to be a panchayath area, by virtue of a notification issued under Section 4 of the 1993 Act, and is declared to be a smaller urban area under Section 3 of the 1964 Act and the consequences that would ensue, as a result. 31. Section 359 of the 1964 Act deals with absorption of a panchayath area into a smaller urban area, by the reason of a local area ceasing to be a panchayat area by virtue of Section 4 of the 1993 Act. - 19 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 32. Section 357 (a) and (b)2of the 1964 Act declares that on a local area ceasing to be a panchayath area, the Gram Panchayath of the area shall cease to exist or function and an Interim Municipal Council shall be constituted which shall comprise of the members of the Gram Panchayath which has ceased to exist and the Adhyakhsa and the Upadhyaksha shall be the President and Vice President of this Interim Municipal Council. The other sub-sections of Section 357 of the 1964 Act may not be relevant for this case and are hence eschewed from consideration. 33. Section 359 of the 1964 Act narrates the consequences of the absorption of the erstwhile 2 357. Effect of conversion of 1[Panchayat area into smaller urban area]1.—When any local area ceases to be 1[a Panchayat area by virtue of a notification under section 4 of the Karnataka Panchayat Raj Act, 1993]1, and is declared to be 1 [smaller urban area] 1 under section 3 of this Act (hereinafter in this section referred to as the 1[smaller urban area]1 ) with effect from the day on which such local area is declared to be a 1 [smaller urban area]1 (hereinafter in this section referred to as the said date), the following consequences shall ensue, namely:—1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994. (a) 2[the 1[Grama Panchayat] 1 of such local area]2 (herein referred to as the panchayat) shall cease to exist or to function; 1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994. 2. Substituted by Act 33 of 1986 w.e.f. 7.10.1986. (b) there shall be constituted for the 1[smaller urban area]1 an interim municipal council consisting of persons vacating office as members of the 1[Grama Panchayat and the Adhyaksha and Upadhyaksha of the Grama Panchayat]1 shall, respectively, be deemed to be the president and vice-president of the interim municipal council; - 20 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 panchayath area, and the first consequence would be that the unexpended fund of the Gram Panchayath and its property would vest in the Municipal Council. 34. In both these provisions, it is to be noticed that the consequence of a Gram Panchayath ceasing to exist or being unable to function would occur only when the entire panchayath area ceases to exist and statutorily becomes an Interim Municipal Council. 35. Section 360 of the 1964 Act deals with a situation when only a part of the panchayath area is absorbed into a smaller urban area and the same reads as follows: “360-Effect of absorption of a part of a 1[panchayat area into asmaller urban area]1.—If any part of an area within the limits of a 1[Grama Panchayat is included in a smaller urban area]1, then, notwithstanding anything contained in this Act or in the 1[Karnataka Panchayat Raj Act, 1993]1, but subject to the provisions of sub-section (3) of Section 4 of this Act, the following consequences shall ensue, namely:— 1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994. - 21 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 (a) so much of the 1[Grama Panchayat Fund and other property vesting in the Grama Panchayat]1 shall be transferred to the Municipal Fund as the Deputy Commissioner may, by order in writing, direct; 1. substituted by Act 36 of 1994 w.e.f. 1.6.1964 (b) the rights and liabilities of the 1[Grama Panchayat]1 in respect of civil and criminal proceedings, contracts, and other matters or things (including arrears of taxes, fees and cess) arising in or relating to any part of the area included in the 1[smaller urban area]1 shall vest in the municipal council; and such rights and liabilities may be enforced by or against the municipal council under this Act or the rules, bye-laws and orders made thereunder; 1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994. (c) such officers and servants of the 1 [Grama Panchayat] 1 shall be transferred to the municipal council as the Government, by order, direct; 1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994. (d) if the area included is an area in which not less than one thousand persons reside, until the reconstitution of the municipal council in accordance with the provisions of this Act, one person ordinarily resident in such area who is nominated by the Government shall be an additional councilor of the municipal council.” - 22 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 36. As could be seen from the above, when only a part of the panchayath area is absorbed into a smaller urban area, the Gram Panchayath does not cease to exist or function as has been provided under Section 357 of the 1964 Act and the Gram Panchayath which has lost a portion of its area to a smaller urban area continues to exist. All that would happen in such a case, is that the following four events would occur. 37. Firstly, a part of the funds of the Gram Panchayath, as determined by the Deputy Commissioner would be transferred to the Municipal Fund. 38. Secondly, the rights and liabilities that the Gram Panchayath had over that area would vest in the Municipal Council and could be enforced by the Municipal Council. 39. Thirdly, such officers and employees, as directed by the Government would be transferred to the Municipal Council and - 23 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 40. Fourthly, if the area transferred to the Municipal Council has less than a thousand residents, one of them would be nominated by the Government to be an additional Councilor of the Municipal Council is reconstituted. 41. What is strikingly apparent in Section 360 of 1964 Act is that the existence or the continuance of the erstwhile Gram Panchayath which has lost a part of its area to be a part of a smaller urban area is unaffected, as compared to the Gram Panchayath ceasing to exist when the entire Panchayath area becomes a part of a smaller urban area. 42. All that happens to the Gram Panchayath which has a reduced area is that it would lose some portion of its funds as may be decided by the Deputy Commissioner and it may lose some employees to the Municipal Council as may be determined by the Government. In all other aspects, the Gram Panchayath continues to exist and is required to - 24 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 continue to be the local self government for the remaining area. 43. It is therefore crystal clear that on a portion of a panchayath area being absorbed into a smaller urban area such as a City Municipal Council, the Gram Panchayath would continue to subsist and its members are not in any way affected. 44. In this case, only a part of a village or a few specified survey numbers in a village are included in the smaller urban area, i.e., only a portion of the panchayath area is lost and, as explained above, the question of Gram Panchayat ceasing to exist would not arise and the Gram Panchayath would continue to exist and would be required to be local self government for the remaining area, which continues to be the panchayath area. 45. It must be borne in mind that the underlying principle of laws relating to local self government is the constitution of an appropriate body, which is - 25 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 dependent on the size of population of the area. In rural areas, there would be a three tier bodies comprising of the Gram, Taluka and the Zilla Panchayath. As the rural areas get closer to an urban area or in other words, when the urban area expands, there is a resultant increase in the population of the areas, which results in the formation of an appropriate municipal body under the municipal laws, which is again dependent on the population of the urban area. 46. The law has kept in mind the inevitability of this transition with the passage of time and made provisions which clearly spell out the consequences and the effect of such transition and it has explicitly made clear in which case, the local self government would cease to exist and in which cases, they would continue to exist. 47. In the instant case, since admittedly only a few survey numbers of Madapatna village had been - 26 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 included in the Kushalanagara Municipal Council, it is clear that only a part of the panchayath area is brought within the jurisdiction of the Kushalnagar Municipal Council and therefore, the question of Guddehosur Gram Panchayat ceasing to exist by virtue of Section 360 of the 1964 Act would also not arise. 48. It would also have to be borne in mind that in the present case, the petitioner – Rukmini in W.P.No.1909/2025 is essentially trying to get over the fact that she was removed as the Adhyaksha for want of confidence of the members of Guddehosur Gram Panchayat and her challenge to the proposal to move the No-Confidence motion was also unsuccessful. It is obvious that she desires to obstruct the handing over of her functions to Upadhyaksha and wants the very panchayath to which she is a member should be dissolved, which - 27 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 would also result in the members who removed her to also vacate their offices. 49. The petitioner in W.P.No.30978/2024 is basically a supporter of Rukmini and is openly supporting her inasmuch as the third prayer is to declare that No- Confidence motion that has been initiated against Rukmini was illegal and non-est. It is therefore clear that the petitioners have filed these petitions with ulterior motives and are not bona fide. 50. In my view, in light of this clear intention of the petitioners, it is obvious that they have filed these writ petitions for extraneous reasons and mainly to get back at the members of panchayath who ensured the removal of Rukmini as the Adhyaksha. I am therefore of the view that there is no justification to entertain their petitions and it is also apparent from the reasons stated above that there is absolutely no merit in any of the legal contentions advanced in - 28 - NC: 2025:KHC:8863 WP No. 1909 of 2025 C/W WP No. 30978 of 2024 these writ petitions and the same are liable to be dismissed and are accordingly dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 102