- 1 - NC: 2025:KHC-D:3547 WP No. 101328 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101328 OF 2025 (LB-ELE) BETWEEN: 1. SRI. SURESH MALLAPPA SAVALAGI AGE. 45 YEARS, OCC.MEMBER OF MADLUR GRAM PANCHAYAT, 2. SRI. IRAIAH RUDRAIAH HIREMATH, AGE 46 YEARS, OCC. MEMBER OF MADLUR GRAM PANCHAYAT, 3. SRI. SANNANINGAPPA FAKIRAPPA PANCHINAVAR AGE 40 YEARS, OCC. MEMBER OF MADLUR GRAM PANCHAYAT, 4. SRI. PRAKASH YALLAPPA KALLED AGE 48 YEARS, OCC. MEMBER OF MADLUR GRAM PANCHAYAT, ALL ARE R/O. MADLUR, TALUK. YARAGATTI, DISTRICT: BELAGAVI-591126. …PETITIONERS (BY SRI. H M DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, PANCHAYAT RAJ DEPARTMENT, 3RD FLOOR, M. S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT BELAGAVI-590001. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.28 12:41:34 +0530 - 2 - NC: 2025:KHC-D:3547 WP No. 101328 of 2025 3. THE ASSISTANT COMMISSIONER BAILHONGAL SUB-DIVISION BAILHONGAL, DISTRICT BELAGAVI-591101. 4. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT MADLUR, TALUK: SAUNDATTI, DISTRICT BELAGAVI-591126. 5. THE ELECTION/RETURNING OFFICER, MADLUR GRAM PANCHAYAT ADYAKSHA/UPDYAKSHA, AND ASSISTANT DIRECTOR OF AGRICULTURE, SAUNDATTI, DISTRICT: BELAGAVI-591126. …RESPONDENTS (BY SRI. M.M. KHANNUR., AGA FOR R1; TO R3; SRI. SHIVARAJ HIREMATH., ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE NOTICE NO. CHUNAVANE/GRA.PUM/ADYAKSHA/VW-69/2024-25 DATED. 15-02- 2025 ISSUED BY THE 5TH RESPONDENT AND PROCEEDINGS THERE UNDER VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 3. 2. Sri.Shivaraj Hiremath, counsel is directed to accept notice for respondent No.4 and 5. - 3 - NC: 2025:KHC-D:3547 WP No. 101328 of 2025 3. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari or any other writ, order or direction quash the Notice No. Chunavane/Gra.Pum/Adyaksha/VW-69/2024-25 dated 15.02.2025 issued by the 5th respondent and proceedings there under vide Annexure-A ii. Any other writ or direction in the nature of writ which this Hon’ble Court deems fit to grant in the facts and circumstances of the case may kindly be granted in favour of the petitioner in the interest of justice and equity. 4. The grievance of the petitioners is that the meeting of the Gram Panchayat for holding the election to the post of the President of the Panchayat has been issued on 15-2-2025 fixing the date of the meeting to be 21-2-2025 and therefore is not in accordance with sub-section (3) of Section 52 of the Karnataka Gram Swaraj and Panchayat Raj Act 1993 (for short, ‘the Act of 1993’) and the said provision requiring seven (7) clear days’ notice to be provided. 5. In the present case, the notice is dated 15-2-2025 and the meeting is proposed to be held on 21-2-2025 - 4 - NC: 2025:KHC-D:3547 WP No. 101328 of 2025 which ex facie is violative of sub-section (3) of Section 52 of the Act of 1993. In that view of the matter, I pass the following: ORDER i) The Wri Petition is allowed, a certiorari is issued. ii) Notice dated 15-2-2025 issued by respondent No.5 and the proceedings thereunder vide Annexure-A is quashed. iii) Liberty is reserved for issuance of a fresh notice in compliance with sub-section (3) of Section 52 of the Karnataka Gram Swaraj and Panchayat Raj Act 1993. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS/List No.: 2 Sl No.: 3 - 5 - NC: 2025:KHC-D:3547 WP No. 101328 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [SRI. SURESH MALLAPPA SAVALAGI AND OTHERS VS. THE STATE OF KARNATAKA AND OTHERS] 25.02.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ “ORDER ON BEING SPOKEN TO” 1. Learned has AGA moved this matter for being spoken to. 2. He submits that the petitioner has deliberately mislead this Court by suppressing the notice which had already been issued and contending that the corrigendum which had been issued is a notice, resulting in this Court passing orders in favour of the petitioner and further resulting in the election not been held on dated so fixed. 3. A memo along with the copy of the notice has also filed. The original register has also been made available for inspection, which clearly and categorically establishes that the notice had been earlier issued on 12.02.2025 fixing the date of meeting as 21.02.2025, the said notice having - 6 - NC: 2025:KHC-D:3547 WP No. 101328 of 2025 been served on the mother of petitioner on 12.02.2025 itself. Therefore there was a clear 7 days notice which had been issued by the authorities concerned. This aspect has been completely suppressed by the petitioner resulting in misleading this Court. Hence, the Additional Registrar Judicial is directed to initiate necessary proceedings against the petitioner in terms of Section 340 of the IPC now Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the said proceedings to be initiated within 10 days from today. 4. Needless to say the CEO of the Zilla Panchayat would be free to fix the meeting for holding of the election in terms of the applicable law. 5. This order shall be read along with the earlier order passed on 20.02.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE Ckk List No.: 1 Sl No.: 2