- 1 - NC: 2025:KHC-D:6975-DB WA No. 100519 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100519 OF 2023 (LB-ELE) BETWEEN: 1. SMT. SHAILA W/O. RANAPPA JADHAV, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. KATNUR, TQ. HUBBALLI, DIST. DHARWAD-580024. 2. SHRI. HAJARATALI S/O. IBRAHIMSAB KUNDAGOL, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. KATNUR, TQ. HUBBALLI, DIST. DHARWAD-580024. …APPELLANTS (BY SRI. S.S. BETURMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATARAJ, M.S. BUILDING, BENAGALURU, BY ITS PRINCIPAL SECRETARY. 2. THE KARNATAKA STATE ELECTION COMMISSION, NO.8, KSCMF BUILDING, CUNNINGHAM ROAD, BENGALURU-560052, BY ITS COMMISSIONER. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6975-DB WA No. 100519 of 2023 3. THE DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, DHARWAD-580001. 4. SMT. DEEPA JAVOOR RETURNING OFFICER/AUTHORISED OFFICER, KATNUR GRAM PANCHAYAT, KATNUR VILLAGE, TQ. HUBBALLI, DISTRICT. DHARWAD-580001. 5. DAVALABI W/O. DIVANASAB SHEKHASANADI, AGE. 51 YEARS, OCC. HOUSEHOLD, R/O. MAVANUR, KATNUR, TALUK. HUBBALLI, DIST. DHARWAD-580024. 6. SHIVAPPA S/O. FAKKIRAPPA KATAGI, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. ADARAGUNCHI, BUDARSHINGI, TALUK. HUBBALLI, DIST. DHARWAD-580026. …RESPONDENTS (BY SRI. V.S. KALASURMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR R1, R3 AND R4; SRI. SHIVARAJ BELLAKKI, ADVOCATE FOR R2; SRI. V.M. SHEELVANT, ADVOCATE FOR R5 AND R6) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 05/09/2023 PASSED BY THE LEARNED SINGLE JUDGE, HIGH COURT OF KARNATAKA AT DHARWAD BENCH IN W.P. NO.104768/2023 (LB-ELE) AND ALLOW THE WRIT APPEAL FILED BY THE APPELLANTS AND DIRECT RESPONDENTS NO.1 TO 4 TO CONSIDER THE NOMINATION SUBMITTED ON 03/08/2023 AS PER THE OLD CALENDAR OF EVENTS MENTIONED IN THE ELECTION NOTICE DATED 19/07/2023 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-C AND ETC. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:6975-DB WA No. 100519 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present intra-court appeal is filed under Section 4 of the Karnataka High Court Act, 1961, calling in question the order dated 05.09.2023 passed in W.P. No.104768/2023 whereunder the learned single Judge has allowed the writ petition, quashed the proceedings dated 03.08.2023 of the Returning Officer of the Katnur Gram Panchayat and directed the Returning Officer to hold elections afresh to all the gram panchayat members in accordance with law. 2. The primary contention urged by the appellants who were 5th and 6th respondents in the writ proceedings is that if the elections were held on 03.08.2023, they had every chance of becoming Adhyaksha and Upadhyaksha of the Katnur Gram Panchayat and that the Returning Officer erred in deferring the elections. 3. It is pertinent to note here that vide order dated 05.09.2023 passed by the learned single Judge, the Returning Officer has been directed to hold elections. The appellants - 4 - NC: 2025:KHC-D:6975-DB WA No. 100519 of 2023 cannot be said to be aggrieved by the said order of holding of elections. 4. In view of above, we see no grounds to interfere with the order passed by the learned single Judge and accordingly, the writ appeal is dismissed as being devoid of merit. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE CLK CT: UMD List No.: 1 Sl No.: 6