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2025 DAILYLAW 36627 (KAR)

SMT. LEELAVATHI M v. THE ASSISTANT COMMISSIONER

WP/34373/2024 · 2025-01-29

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:4027 WP No. 34373 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34373 OF 2024 (LB-ELE) BETWEEN: 1. SMT. LEELAVATHI M W/O HARINDRA KUMAR, AGED ABOUT 43 YEARS, R/AT BRAHMANA CHITRATTE GRAMA, ULLUR POST, SAGARA TALUK, SHIVAMOGGA DISTRICT-577 412. PRESENTLY WORKING AS A PRESIDENT, ULLUR GRAMA PANCHAYATH, ULLUR, SAGARA TALUK, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. I.THARANATH POOJARY, SENIOR COUNSEL FOR SRI. H.B.KESHAVAMURTHY., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER SAGARA SUB DIVISION, SAGARA-577401. 2. THE TAHSILDAR, SAGARA TALUK, SAGARA, SHIVAMOGAA DISTRICT-577 401. 3. THE EXECUTIVE OFFICER, SAGARA TALUK, SAGARA-577 401. 4. THE PANCHAYATH DEVELOPMENT OFFICER, GRAMA PANCHAYATHI, ULLURU. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4027 WP No. 34373 of 2024 SAGARA TALUK, SHIVAMOGGA DISTRICT-577 401. 5. SRI. THIRUMALESH H.M. VICE PRESIDENT, GRAMA PANCHAYATH, ULLURU. SAGARA TALUK SHIVAMOGGA DISTRICT. 6. SMT. SHASHIKALA, MEMBER, AGE MAJOR GRAMA PANCHAYATH, ULLURU SAGARA TALUK, SHIVAMOGGA DISTRICT-577412 7. SMT. PARVATHI, MEMBER, AGE MAJOR GRAMA PANCHAYATH, ULLURU. SAGARA TALUK, SHIVAMOGGA DISTRICT-577412 8. SRI. MANJUNATHA J.R. MEMBER, AGE MAJOR GRAMA PANCHAYATH, ULLURU. SAGARA TALUK, SHIVAMOGGA DISTRICT-577412 9. SMT.GOWRAMMA, MEMBER, GRAMA PANCHAYATH, ULLURU. SAGARA TALUK, SHIVAMOGGA DISTRICT- 577412 10. SMT. REKHA, MEMBER, AGE MAJOR GRAMA PANCHAYATH, ULLURU. SAGARA TALUK, SHIVAMOGGA DISTRICT-577412 11. SRI.SANTHOSH GOWDRU, MEMBER, AGE MAJOR GRAMA PANCHAYATH, ULLURU. SAGARA TALUK, SHIVAMOGGA DISTRICT-577412 12. SMT. NAGARATHNA, MEMBER, AGE MAJOR GRAMA PANCHAYATH, ULLURU. - 3 - NC: 2025:KHC:4027 WP No. 34373 of 2024 SAGARA TALUK, SHIVAMOGGA DISTRICT-577412 13. SRI.PRABHAKARA, MEMBER, AGE MAJOR GRAMA PANCHAYATH, ULLURU, SAGARA TALUK, SHIVAMOGGA DISTRICT-577412 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R-1 & R-2; SRI.B.J.SOMAYAJI, ADVOCATE FOR R-3 & R-4; SRI. B.S.MURALI., ADVOCATE FOR R-5 TO R-13) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ENTIRE PROCEEDS IN RESPECT OF NO. CONFIDENCE MOTION OF THE PRESIDENT OF ULLUR GRAMA PANCHAYATH, SAGAR TALUK SHIVAMOGGA DIST BY THE PDO THE R-3 DATED 9.12.2024 AGAINST THE R-3 DATED 9.12.2024 AGAINST THE PETITIONER VIDE ANNEXURE-F, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this Writ Petition is to quash the entire proceedings in the No-confidence motion that was moved by the members of the Gram Panchayat and for a mandamus to direct respondents No.1 and 2 to continue the petitioner as President of Ullur Gram Panchayat, Sagara Taluk, Shivamogga district. - 4 - NC: 2025:KHC:4027 WP No. 34373 of 2024 2. It is not in dispute that pursuant to the motion, presented by the members of the Gram Panchayat, a meeting was convened on 09.12.2024 and as a matter of fact, the motion was moved successfully and the petitioner was removed as the ‘Adhyaksha’ for want of confidence. 3. In the light of the said admitted fact, this prayer sought for in the Writ Petition has become infructuous. Writ Petition is, therefore, dismissed. 4. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 38