- 1 - NC: 2025:KHC-D:4061 WP No. 101573 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101573 OF 2025 (LB-ELE) BETWEEN: SRI. PUNDALIK S/O. FAKKIRAPPA UPPAR, AGE. 36 YEARS, OCC. PRESIDENT OF MADLUR GRAM PANCHAYAT, R/O. MADLUR, TQ. YARAGATI, DIS. BELAGAVI- 591126. …PETITIONER (BY SRI SADIQ N. GOODWALA, 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. 3. THE ASSISTANT COMMISSIONER, BAILHONGAL SUB DIVISION, BAILHONGAL, DIST. BELGAVI- 591101. 4. THE PANCHAYATH DEVELOPMENT OFFICER, GRAM PANCHAYAT MADLUR, TQ. SAUNDATTI, DIST. BELAGAVI- 591126. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4061 WP No. 101573 of 2025 5. THE PRESCRIBED/DESIGNATED OFFICER, MADLUR GRAM PANCHAYAT ADYAKSHA/UPDYAKSHA AND ASSISTANT DIRECTOR OF AGRICULTURE, SAUNDATTI, DIST. BELAGAVI- 591126. …RESPONDENTS (BY SRI. V. S. KALASURMATH, AGA FOR R1, SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R4-R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, WHEREFORE, FOR THE REASONS STATED ABOVE, THIS HON’BLE COURT BE PLEASED TO EXERCISE ITS JURISDICTION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA TO ISSUE. A) 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 27-02-2025 ISSUED BY THE 5TH RESPONDENT AND PROCEEDINGS THERE UNDER VIDE ANNEXURE-A. B) 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. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 3. 2. Learned counsel Sri.V.Shivaraj Hiremath accepts notice for respondents No.4 and 5. - 3 - NC: 2025:KHC-D:4061 WP No. 101573 of 2025 3. Petitioner is before this Court seeking for the following reliefs : A) 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 27- 02-2025 issued by the 5th respondent and proceedings there under vide ANNEXURE-A. B) 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. Petitioner is before this Court challenging the notice dated 27.02.2025 issued by the 5th respondent at Annexure-A fixing the date of meeting as on 01.03.2025 for the purpose of holding of the meeting to elect the President and Vice-President. 5. Submission of learned counsel Sri. Sadiq N. Goodwala appearing for the petitioner is that the notice has been issued on 27.02.2025 fixing the date of meeting on 01.03.2025, there is no 7 days prior notice and even insofar as emergency meeting is concerned, under sub-section (3) of Section 52 of the Karnataka Gram Swaraj and Panchayat Raj Act, - 4 - NC: 2025:KHC-D:4061 WP No. 101573 of 2025 1993, 03 days time has also not available. The second submission of learned counsel Sri.Sadiq Goodwala is that the election ought to have been conducted by the Tahasildar and not by the Assistant Director of Agriculture, who has issued notice at Annexure-A. 6. The submission of learned AGA Sri V.S.Kalasurmath firstly is that notice had been issued on 21.02.2025. Subsequently, a writ petition having been filed on the basis of suppression of facts, this Court had quashed the notice. However, when the matter being moved for being spoken to, recalled the order and permitted the elections to go on. It is only that fact which has been informed vide notice dated 27.02.2025. The notice continues to be one which has been issued on 12.2.2025 and as such, he submits that clear notice has been given as required. Insofar as the Assistant Director of Agriculture, Saundatti having issued the notice at Annexure-A, he submits that the Deputy - 5 - NC: 2025:KHC-D:4061 WP No. 101573 of 2025 Commissioner is delegated the power to hold election to the said Assistant Director of agriculture. Therefore, there is no infirmity in the said notice issued. 7. Heard learned counsel for the petitioner and learned AGA. Perused the papers. 8. As submitted by learned AGA the notice now issued at Annexure-A is only a clarification notice referring to the order passed by this Court in WP.No.101328/2025 and it is not a first notice which has been issued. The first notice was issued way back on 12.02.2025, which has been held accordingly, in WP.No.101328/2025. Thus now the petitioner’s claiming that a fresh notice has been issued on 27.02.2025 and there is no compliance with the 7 days clear notice for holding the election is completely misconceived and it is an abuse of the process of Court. - 6 - NC: 2025:KHC-D:4061 WP No. 101573 of 2025 9. Insofar as second contention is concerned, that respondent No.4-Assistant Director also is not authorised. A perusal of Annexure-D page No.16 would indicate that the Deputy Commissioner delegated the power to the Assistant Director, Saundatti to hold election, therefore the same cannot also be found fault with. 10. No grounds being made out. The petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK List No.: 3 Sl No.: 3