- 1 - HC-KAR NC: 2025:KHC:39041 WP No. 21651 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 21651 OF 2025 (LB-RES) BETWEEN: 1. MR SOMASHEKAR S, S/O SUBBAIAH, AGED ABOUT 48 YEARS, RESIDING AT KHAJI SONNENAHALLI, KANNAMANGALA, BANGALORE - 560 067. …PETITIONER (BY SRI. VIGNESHWAR S SHASTRI., SENIOR ADVOCATE FOR SRI.AJAY KUMAR N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS DEPUTY DIRECTOR AND EX.OFFICIO UNDER SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. EXECUTIVE OFFICER, TALUK PANCHAYAT, BANGALORE EAST TALUK - 560 049. 3. PANCHAYAT DEVELOPMENT OFFICER, KANNAMANGALA GRAMA PANCHAYAT, BIDARAHALLI HOBLI, BANGALORE EAST TALUK - 560 049. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39041 WP No. 21651 of 2025 4. MRS. PAVITHRA RAVIKUMAR, ADHYAKSHA (PRESIDENT), KANNAMANGALA GRAMA PANCHAYAT, BIDARAHALLI HOBLI, BANGALORE EAST TALUK - 560 049. …RESPONDENTS (BY SRI.M.K.KANCHEGOWDA., AGA FOR R-1; SRI.M.S.DEVARAJU., ADVOCATE FOR R-2 AND R-3; NOTICE TO R-4 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING R1 TO R4 TO INITIATE AND COMPLETE A STATUTORY ENQUIRY UNDER SECTIONS 43A AND 484 OF THE KARNATAKA PANCHAYAT AT RAJ ACT, 1993 AGAINST R6 MRS. PAVITHRA RAVIKUMAR, ADHYAKSHA OF KANNAMANGALA GRAMA PANCHAYAT, IN LIGHT OF THE DETAILED ALLEGATIONS AND EVIDENCE PRODUCED IN ANNX - A TO S. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Respondent No.4 is Adhyaksha of Kannamangala Grama Panchayat. Petitioner is a resident of Kannamangala Grama Panchayat. On the ground that respondent No.4 has indulged in corrupt practices and is guilty of misconduct, petitioner has made complaints to respondent Nos.1 to 3. However, as no action has been - 3 - HC-KAR NC: 2025:KHC:39041 WP No. 21651 of 2025 initiated against respondent No.4, the present writ petition is filed with the following prayers: "WHEREFORE, the Petitioner respectfully prays that this Hon'ble Court may be pleased to: i. Issue a Writ of Mandamus directing Respondents Nos.1 to 4 to initiate and complete a statutory enquiry under Sections 43A and 48(4) of the Karnataka Panchayat Raj Act, 1993 against Respondent No.4 Mrs. Pavithra Ravikumar, Adhyaksha of Kannamangala Grama Panchayat, in light of the detailed allegations and evidence produced in Annexures A1 to A4, vide Letter dated 18.06.2025, (Annexure A1 & A2) & 13.06.2015 at (Annexure- A3 & A4) ii. Issue a direction under Section 237 of the Karnataka Panchayat Raj Act, 1993 restraining Respondent No.4 from approving or releasing any public funds until the conclusion of the said statutory enquiry by the Respondent No.1. iii. Pass such other order or direction as this Hon'ble Court may deem fit in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC:39041 WP No. 21651 of 2025 2. The case of the petitioner is that once there is a complaint made against respondent No.4, respondent Nos.1 to 3 are bound to act in accordance with the mandate of Section 43A and 48(4) of Karnataka Gram Swaraj Panchayat Raj Act, 1993. 3. Section 43A reads as under: "43A. Removal of members.– (1) The Government if it thinks fit, on the recommendation of the Gram Panchayat, or otherwise, may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary, – (i) if he has been guilty of misconduct in the discharge of duties or of any disgraceful conduct; (ii) become incapable of performing duties as a member, or persistently remiss in performing duties; (a) on being medically unfit to hold the post as may be certified by the district surgeon; (b) as a result of insolvency or of unsound mind, - 5 - HC-KAR NC: 2025:KHC:39041 WP No. 21651 of 2025 (iii) has failed to attend four consecutive meetings of the panchayat, and in the case of an Adhyaksha or Upadhyaksha, failed to convene two consecutive meetings which were either due or were necessary; or (iv) if the member, by coercion or fraud entice any voter or member of Gram Panchayat or Taluk Panchayat or Zilla Panchayatas as the case may be to trade the post of member or Adhyaksha or Upadhyaksha of Gram Panchayat or Taluk Panchayat or Zilla Panchayat, as the case may be, during election for a consideration. (v) in the execution of any work of the panchayat, contractual or otherwise found involved directly with any person who is a nearest relative in the family or otherwise associated in any transaction related to such work as a partner, employee or a member on the Committee of such organisation, or otherwise. 4. Section 48(4) reads as under: Section 48(4): Resignation or removal of Adhyaksha and Upadhyaksha: (4) Every Adhyaksha and Upadhyaksha of Grama Panchayat shall, after an opportunity is afforded for - 6 - HC-KAR NC: 2025:KHC:39041 WP No. 21651 of 2025 hearing him, [and if necessary after obtaining a report from the Taluk Panchayat and considering the same] be removable from his office as Adhyaksha or Upadhyaksha by the [Government] for being persistently remiss [or guilty of misconduct] in the discharge of his duties and an Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub-section (2) shall not be eligible for re-election as Adhyaksha or Upadhyaksha during the remaining term of office as member of such Grama Panchayat. 5. The aforementioned provisions empower the State to remove a Panchayat Adhyaksha, who is guilty of misconduct after following the due process of law. An enquiry need not been held by the Government against the Adhyaksha upon a complaint made by any individual. The Government is required to examine the veracity of the complaint and will proceed to hold an enquiry only if there is any material in the same. It is best left to the discretion of the State. Under the give peculiar facts and circumstances of the instant case, it is not appropriate for this Court to issue direction to that effect. 6. Further, learned Additional Government Advocate and learned counsel for respondent Nos.2 and 3 upon - 7 - HC-KAR NC: 2025:KHC:39041 WP No. 21651 of 2025 instructions submits the State Authorities will definitely verify any complaint received and if they find any material against any Adhyaksha, necessary proceedings will be conducted and not otherwise. 7. Recording the submission of the learned AGA and learned counsel for respondent Nos.2 and 3, the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE KVR List No.: 1 Sl No.: 15