- 1 - HC-KAR NC: 2025:KHC:36958 WP No. 31548 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 31548 OF 2024 (LB-RES) BETWEEN: 1. SRI SOMASHEKHAR K, S/O KEMPAIAH, AGED ABOUT 46 YEARS, PRESIDENT, KANNAMANGALA GRAM PANCHAYAT, NELAMANGALA TALUK, BENGALURU DISTRICT. …PETITIONER (BY SMT.PAVITHRA N., ADVOCATE FOR SRI. KARTHIK V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATRAJ & RURAL DEVELOPMENT, VIKASA SOUDHA, BENGALURU 560001. 2. THE DIVISIONAL COMMISSIONER, BENGALURU DIVISION, BENGALURU-560 001. 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, BENGALURU RURAL DISTRICT, BENGALURU 560027 BY ITS CHIEF EXECUTIVE OFFICER. Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36958 WP No. 31548 of 2024 4. THE EXECUTIVE OFFICER, NELAMANGALA TALUK PANCHAYAT, NELAMANGALA, BANGALORE RURAL DISTRICT-562123. 5. KANNAMANGALA GRAM PANCHAYAT BY ITS PANCHAYAT DEVELOPMENT OFFICER, KANNAMANGALA, NELAMANGALA TALUK-562123. …RESPONDENTS (BY SMT.SPOORTHI V., HCGP FOR R1 AND R2; SRI.M.S.DEVARAJU., ADVOCATE FOR R3 TO R5;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION QUASHING THE SHOW-CAUSE NOTICE DATED 04.11.2024 IN NO. ABHIVRUDHI(43A)/CR/11/2024-25 ISSUED BY THE DIVISIONAL COMMISSIONER, BENGALURU DIVISION, BENGALURU A COPY OF WHICH IS PRODUCED AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:36958 WP No. 31548 of 2024 ORAL ORDER The petitioner was serving as President of Kannamangala Gram Panchayat. On the ground that he has misused his office by issuing the residential certificates to various persons, proceedings have been initiated against him under Section 43-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. 2. The case of the petitioner is that he is not guilty of the allegations made and even otherwise, the impugned notice is issued without jurisdiction. 3. Per contra, the learned counsel for respondent Nos.3 to 5, upon instructions, submits that the impugned notice has been issued by a competent Officer and what has been issued to the petitioner is only a show cause notice and if the petitioner were to reply to the same, it would be considered in accordance with law. He further submits that the petitioner is at liberty to raise the issue of jurisdiction also if required. - 4 - HC-KAR NC: 2025:KHC:36958 WP No. 31548 of 2024 4. What is challenged in the instant writ petition is only the show cause notice issued under Section 43-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. Hence, in my opinion, it would be appropriate to direct the petitioner to reply to the said show cause notice and in turn direct the authorities concerned to initiate action against the petitioner only if the reply is not satisfactory and not otherwise. 5. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby disposed of. ii. Petitioner is given three (03) weeks time from today to reply to the impugned show cause notice dated 04.11.2024, issued by respondent No.2 (vide Annexure-A to the writ petition). - 5 - HC-KAR NC: 2025:KHC:36958 WP No. 31548 of 2024 iii. The petitioner is permitted to take up all necessary contentions, including the jurisdictional aspect. iv. The concerned authority shall consider the reply of the petitioner in accordance with law and only thereafter initiate appropriate action as contemplated in law if required. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 17