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2025 DAILYLAW 40834 (KAR)

SMT. NANDHINI H @ NANDHINI SANTHOSH v. STATE OF KARNATAKA

WP/22907/2025 · 2025-08-22

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32771 WP No. 22907 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 22907 OF 2025 (LB-RES) BETWEEN: 1. SMT. NANDHINI H @ NANDHINI SANTHOSH W/O SANTHOSH K.S. AGED ABOUT 34 YEARS RESIDENT OF KODURU VILLAGE SHANUVALLI VILLAGE PANCHAYAT, KOPPA TALUK CHIKKAMAGALURU DISTRICT-577 126. …PETITIONER (BY SRI. SHOWRI H.R., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. REGIONAL COMMISSIONER MYSORE DIVISION, REVENUE DEPARTMENT HIGHVIEW, VINOBA ROAD, MYSURU-570 005. 3. SHANUVALLI VILLAGE PANCHAYAT SHANUVALLI VILLAGE, KOPPA TALUK CHIKKAMAGALURU DISTRICT-577 120. REP. BY PUBLIC DEVELOPMENT OFFICER. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32771 WP No. 22907 of 2025 4. THE CHIEF EXECUTIVE OFFICER CHIKKAMAGALURU ZILLA PANCHAYAT CHIKKAMAGALURU-577 101. 5. THE EXECUTIVE OFFICER TALUK PANCHAYAT KOPPA TALUK, KOPPA CHIKKAMAGALURU DISTRICT-577 126. 6. NAVEEN KARUVANE FATHER'S NAME NOT KNOWN, MAJOR, BILAGADDE POST, KOPPA TALUK CHIKKAMAGALURU DISTRICT-577 126. …RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, AGA FOR R1 & R2; SRI. ASHOK N.NAIK, ADVOCATE FOR R3 TO R5; NOTICE TO R6 IS DISPENSED WITH VIDE ORDER DATED 22.08.2025) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEARING NO.Gra Apa 587 Gra PanA 2024 DATED 15.07.2025 PASSED BY RESPONDENT NO.1 AT ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:32771 WP No. 22907 of 2025 ORAL ORDER The petitioner in the instant writ petitioner has challenged the order passed by respondent no.1 wherein the petitioner has been removed as a Vice-President and member of Shanuvalli Gram Panchayat under Sections 48(4) and 48(5) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and under Section 43(A)(ii) of the Act, and the petitioner has been prohibited from contesting the election for a period of 6 years. 2. The case of the petitioner is that pursuant to the enquiry initiated against her, she has filed a detailed statement of objections before respondent no.1. However, without considering the same and without assigning any valid reasons, the interim order has been passed. 3. The petitioner has produced copies of the objections filed by her wherein, she has contended that she has not committed any wrong as alleged against her either in the show cause notices or in the enquiry report submitted by respondent no.2. Perusal of the impugned order shows that the objections filed by the petitioner has not been considered by respondent no.1 at all while passing the impugned order. - 4 - HC-KAR NC: 2025:KHC:32771 WP No. 22907 of 2025 4. The learned counsel for respondent nos.1 to 5 fairly submit that inspite of petitioner filing her objections and taking up all necessary contentions, none of them have been considered by respondent no.1 while passing the impugned order. 5. As the impugned order is erroneous and without taking into consideration the contentions raised by the petitioner, the same is liable to be set aside. 6. Hence, the following: ORDER (i) The impugned order dated 15.07.2025 bearing No.UÁæC¥À 587 UÁæ¥ÀAC 2024 passed by respondent no.1 (vide Annexure-A to the writ petition) is hereby set aside; (ii) The matter stands remanded back to respondent no.1 to consider the case of the petitioner on merits and pass a speaking order after giving a fair opportunity of hearing to the petitioner; - 5 - HC-KAR NC: 2025:KHC:32771 WP No. 22907 of 2025 (iii) The petitioner shall appear before respondent no.1 on 15.09.2025 at 11.00 a.m. without further notice; (iv) All contentions are left open and dismissal of W.P.No.10422/2025 shall not come in the way of petitioner taking up all necessary contentions before respondent no.1; (v) The writ petition is disposed of accordingly. In view of disposal of main petition, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG