- 1 - HC-KAR NC: 2025:KHC:30091 WP No. 22930 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.22930 OF 2025 (LB-RES) BETWEEN: 1. BHARATH KUMAR JAIN, AGED ABOUT 40 YEARS, S/O SUKUMAR JAIN, R/AT PADMAMMA NIVASA, IRUVATTUR POST AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 114. 2. SMT. DEEPA S., AGED ABOUT 42 YEARS W/O SHREENATH BANDARY, R/AT NIRPAL MANE, IRUVATTUR POST AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 114. 3. SMT. ANITHA, W/O NAGESH KULAL, AGED ABOUT 41 YEARS, IRUVATTUR POST AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 114. …PETITIONERS (BY SRI. H PAVANA CHANDRA SHETTY, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30091 WP No. 22930 of 2025 AND: 1. THE UNDER SECRETARY THE KARNATAKA GRAM SWARAJ AND PANCHAYATH RAJ DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, RAJATADRI, MANIPAL, UDUPI DISTRICT-576 104. 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, UDUPI DISTRICT- 576 104. 4. THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYATH, KARKALA-574 104. 5. THE PANCHAYATH DEVELOPMENT OFFICER, IRUVATTUR GRAM PANCHAYATH, KARKALA TALUK, UDUPI DISTRICT-574 114. …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG ALONGWITH SMT. SPOORTHI V., HCGP FOR R.1 & R.2; SRI ASHOK N. NAYAK, ADVOCATE R.3 TO R.5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO - 3 - HC-KAR NC: 2025:KHC:30091 WP No. 22930 of 2025 QUASH THE IMPUGNED ORDER PASSED BY THE 2ND RESPONDENT DEPUTY COMMISSIONER, UDUPI THROUGH OFFICIAL ORDER BEARING ITS NO.ELN(2)CR31/2025E-216721 DATED 21.07.2025 THEREBY PASSED THE ORDER OF APPOINTMENT OF ADMINISTRATIVE OFFICER WHO IS WORKING AS A CHIEF EXECUTIVE OFFICER, TALUK PANCHAYATH KARKALA TO THE 5TH RESPONDENT GRAM PANCHAYATH PRODUCED AS ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioners are Members of Iruvattur Gram Panchayat, Karkala Taluk, Udupi District. It is submitted that Iruvattur Gram Panchayat has a strength of seven elected representatives. Of the said seven elected representatives apart from the petitioners herein, four persons have submitted their resignation on 28.04.2025. As per Section 53 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short 'the Act') 50% of the - 4 - HC-KAR NC: 2025:KHC:30091 WP No. 22930 of 2025 Members should be there to constitute the quoram of any Gram Panchayat. As four out of seven members had resigned, an Administrator has been appointed under Section 8 of the Act. The said act of appointing an Administrator is challenged in the instant writ petition. 2. The ground of challenge is that the resignations by four members have not been submitted in the manner known to law. It is contended that as per Section 43 of the Act, the resignations have to be handed over to the President of the Gram Panchayat (petitioner No.1 herein). However, in the absence of the President, the same has to be handed over to the Panchayat Development Officer (PDO) and a copy of it is left on the table of the President, because of which, the PDO wrote a letter to the persons who have resigned stating that the resignations are not in order. Inspite of it, fresh resignation has not been submitted. On the said ground, it is prayed that the appointment of an Administrator has to be set aside. - 5 - HC-KAR NC: 2025:KHC:30091 WP No. 22930 of 2025 3. Admittedly, four out of seven Panchayat Members have submitted their resignations. Irrespective of whether the same is made in a proper manner or not, the fact remains that they have not taken back the resignations nor are they before this Court contending that their resignations are improper and should not be accepted. Further, the records reveal that they are not attending the proceedings of the Gram Panchayat and they are not acting as Members of Gram Panchayat. Thus, the actions of the said four persons who have sought to resign from their Membership shows that they are not acting as Members of Gram Panchayat at all, thereby effectively, the Gram Panchayat is not functioning because it lacks quorum. Section 8 of the Act pertains to Appointment of an administrative Committee or administrator on failure to elect Members of Grama Panchayats. It reads as under:- "8. Appointment of an administrative committee or administrator on failure to elect members of Grama Panchayats.-(1)(a) If the Deputy Commissioner is satisfied that a Grama Panchayat for a - 6 - HC-KAR NC: 2025:KHC:30091 WP No. 22930 of 2025 village or group of villages immediately after the establishment of such Grama Panchayat cannot be constituted by reason of,- (i) any difficulty in holding an election of the members of the Grama Panchayat; or (ii) failure to elect such members at two successive elections held under sub- section (6) of Section 5; or (iii) any other sufficient reason whatsoever; or (b) if at any general election to a Grama Panchayat no member is elected or less than two-third of the total number of members are elected; the Deputy Commissioner shall by notification either,- (i) appoint an Administrative Committee consisting of persons qualified to be elected, the number of such persons being equal to the number of members determined under sub-section (1) of Section 5; or (ii) appoint an Administrator. - 7 - HC-KAR NC: 2025:KHC:30091 WP No. 22930 of 2025 (2) The members of the Administrative Committee or the Administrator shall hold office for such period not exceeding six months as the Deputy Commissioner may specify in the notification under sub-section (1). (3) On the appointment of an Administrative Committee or an Administrator under sub-section (1), the persons, if any, chosen as members of the Grama Panchayat before such appointment shall cease to be members of the Grama Panchayat and all the powers and duties of the Grama Panchayat shall be exercised and performed by such Administrative Committee or Administrator. (4) The Administrative Committee or Administrator shall be deemed to be duly constituted Grama Panchayat for the purpose of this Act, notwithstanding anything contained in the foregoing provisions: Provided that if at any time after the appointment of the Administrative Committee or the Administrator under sub-section (1), the Deputy Commissioner is satisfied that there is no difficulty in duly constituting the Grama Panchayat by election of members, the Deputy Commissioner, may, notwithstanding that the term of the office for which the members of the Administrative Committee or the Administrator had been appointed has not expired, direct by notification that the members of the Administrative Committee or the Administrator, as the - 8 - HC-KAR NC: 2025:KHC:30091 WP No. 22930 of 2025 case may be, shall cease to hold office with effect from such date as may be specified in such notification." 4. As four out of seven members are refusing to act as Gram Panchayat Members, under the circumstances, the second respondent has been constrained to appoint an Administrator by virtue of the impugned order. I do not see any error in the same. 5. For the aforementioned reasons, the writ petition is hereby dismissed. 6. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 45