SMT MAHANAND W/O SIDDAPPA MELGERI v. THE STATE OF KARNATAKA
WA/100025/2025 · 2025-01-29
B M Shyam Prasad, Ramachandra D Huddar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3080 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3080 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1757-DB WA No. 100025 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO. 100025 OF 2025 (LB-RES) BETWEEN:
SMT MAHANAND W/O. SIDDAPPA MELGERI AGE. 40 YEARS, PRESIDENT OF THE GALAGI GRAMA PANCHAYATH, RESIDENT OF GALAGI GRAM PANCHAYAT, TALUK KALAGHATGI, POST HULKOPPA, DISTRICT DHARWAD-580118. …APPELLANT (BY SRI. VENKATESH. M. KHARVI, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, VIKAS SOUDHA, BANGALORE-
01.
2.
THE ASSISTANT COMMISSIONER, DHARWAD, DISTRICT: DHARWAD-580001.
3.
THE PANCHAYAT DEVELOPMENT OFFICER, GALAGI GRAM PANCHYAT, TQ: KALAGHATAGI, DISTRICT: DHARWAD-580118.
Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad
Bench
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NC: 2025:KHC-D:1757-DB WA No. 100025 of 2025
4. SHRI.BASAVARAJ S/O. DAYAMANNA BADNIGATTI, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580118. 5. SHRI.SOMANINGA S/O. NINGAPPA KYARWAD, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 41 YEAR, OCC: AGRICULTURE, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 6. SMT.MAHADEVEI W/O. MAHADEVE KELGERI, MEMBER OF GALAGI GRAM PANCHYAT AGE: 55 YEARS, OCC: HOUSEHOLD, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 7. SMT.NEELAVVA W/O. FAKIRAPPA TALWAR, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 8. SHRI.NINGARAJ S/O. DANAPPA MADAR, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 9. SMT.RUKMAVVA W/O MARUTI CHETTANNAVA, R MEMBER OF GALAGI GRAM PANCHYAT, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O: GALAGI HULAKOPPA,
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NC: 2025:KHC-D:1757-DB WA No. 100025 of 2025
TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 10. SMT.ROSHANABI W/O. BASHESAB KALKERI, MEMBER OF GALAGI PANCHYAT, AGE: 42 YEARS, OCC: HOUSEHOLD, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 11. SHRI.VITTAL S/O. SHEKARAPPA JADHAV, MEMBER OF GALAGI GRAM PANCHYAT, AGE 45 YEARS, OCC: AGRICULTURE, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 12. SHRI.SADIQ S/O. LATIFSAB HEBBAL, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 13. SHRI. MOHAMMADALI S/O. ABDULSAB KHATAL, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 14. SHRI.NAGRAJ S/O. HANMANTAPPA RAMPUR, AGE: 34 YEARS, OCC: AGRICULTURE MEMBER OF GALAGI GRAM PANCHYAT, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 15. SMT. YELLAVVA W/O. YELLAPPA DOLLIN AGE: 70 YEARS, OCC: AGRICULTURE,
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NC: 2025:KHC-D:1757-DB WA No. 100025 of 2025
MEMBER OF GALAGI GRAM PANCHYAT, R/O: GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD-580 118. 16. SMT. BASAVVA W/O. GANGAPPA LAKAMAPUR, AGE: 55 YEARS, OCC: HOUSEHOLD MEMBER OF GALAGI GRAM PANCHYAT, R/O:HASARAMBI,TQ:KALAGHATGI,DISTRICT: DHARWAD-580118
17. SMT. MANJULA W/O. BEERAPPA KURBAR, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 38 YEARS, OCCUPATION: HOUSEHOLD, R/O:HASARAMBI,TQ:KALAGHATGI,DISTRICT: DHARWAD-580118 …RESPONDENTS (BY SRI. PRAVEEN.
K. UPPER, ADVOCATE FOR R1 AND R2.)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, CALL FOR THE ENTIRE RECORDS IN W.P.NO.100039/2025 ON THE FILE OF HON BLE SINGLE JUDGE OF THIS HON BLE COURT. AND SET ASIDE THE IMPUGNED ORDER PASSED BY HON BLE SINGLE JUDGE OF THIS HON BLE COURT IN W.P.NO.100039/2025 DTD. 07/01/2025, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
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NC: 2025:KHC-D:1757-DB WA No. 100025 of 2025
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The appellant is unsuccessful in her challenge to the notice of ‘No-Confidence Motion’ under the relevant Rules, and now, the appellant has filed a memo for withdrawal of the appeal but seeking liberty. When queried on the liberty, Sri.Venkatesh M. Kharvi, the learned counsel for the appellant, submits that because election proceedings will be initiated for filling up the posts of Vice-President and President with the ‘No-Confidence Motion’ being carried successfully, the appellant must be granted liberty to challenge the same, if there is cause.
This Court must opine that the withdrawal of this appeal draws curtain on all grounds that would be available against the present cause and if there is a subsequent cause, the appellant will be at liberty to avail remedy as permissible under law. Sd/- (B.M.SHYAM PRASAD) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/CT-VG LIST NO.: 1 SL NO.: 27