- 1 - HC-KAR NC: 2025:KHC:53086-DB WA No. 1934 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1934 OF 2025 (LB-RES) BETWEEN: 1. MR. G. SOMASHEKAR S/O LATE GANGAPPA AGED ABOUT 48 YEARS R/AT NO.1, VADERAHALLI MATHALLI POST DASANAPURA HOBLI BENGALURU - 562 162 …APPELLANT (BY SRI NISHANTH A.V., ADVOCATE) AND: 1. CHIEF ACCOUNTS OFFICER BENGALURU URBAN ZILLA PANCHAYAT 515, 1ST CROSS ROAD CHANDRA LAYOUT UMARBHAG LAYOUT BANASHANKARI TEMPLE WARD BENGALURU - 560 078 2. CHIEF EXECUTIVE OFFICER BENGALURU URBAN ZILLA PANCHAYAT 515, 1ST CROSS ROAD CHANDRA LAYOUT UMARBHAG LAYOUT BANASHAKARI TEMPLE WARD BENGALURU - 560 078 Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53086-DB WA No. 1934 of 2025 3. THE EXECUTIVE OFFICER TALUK PANCHAYAT BENGALURU NORTH TALUK NES OFFICE ROAD SUGGAPPA LAYOUT EAST COLONY, YELAHANKA BENGALURU - 560 064 4. HUSKURU GRAMA PANCHAYAT DASANAPURA HOBLI BENGALURU NORTH TALUK - 562 162 REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER 5. THE POLICE INSPECTOR MADANAYAKANAHALLI POLICE STATION SIDEDAHALLI MAIN ROAD MADANAYAKAHALLI BENGALURU - 562 162 …RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., AGA FOR R-5) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 03/11/2025, PASSED IN W.P. NO.55235/2017 (LB-RES) BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND ALLOW THE WRIT PETITION BEARING W.P.NO.55235/2017 (LB-RES) FILED BY THE RESPONDENT HEREIN & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:53086-DB WA No. 1934 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 03.11.2025 passed by the learned Single Judge in Writ Petition No.55235/2017 (LB-RES). The appellant had filed the said writ petition impugning a report dated 12.07.2017; a Communication dated 25.10.2017 sent by the second respondent- Chief Executive Officer [CEO] to respondent No.3-Executive Officer [EO]; notice dated 16.11.2017 and a Communication dated 04.12.2017 sent by respondent No.3-EO to respondent No.5-Police Inspector, Madanayakanahalli police station. 2. The appellant was an elected member of the Huskuru Grama Panchayath. On 09.07.2015, the appellant was elected as the President of the HuskuSru Grama Panchayat. 3. The appellant is essentially aggrieved by a communication dated 25.10.2017 sent by the CEO to the EO directing that the proceedings be initiated under Section 43A of the Karnataka Gram - 4 - HC-KAR NC: 2025:KHC:53086-DB WA No. 1934 of 2025 Swaraj and Panchayat Raj Act, 1993 [the Act] and also to initiate criminal action based on a report dated 12.07.2017 with regard to serious financial irregularities. Thereafter a show cause notice was issued by respondent No.1-Chief Accounts Officer [CAO] Bengaluru Urban Zilla Panchayat, calling upon the appellant to show cause as to why action should not be taken. Based on the said communication, an FIR was also registered in Madanayakanahalli police station. 4. It is the appellant's case that no action under Section 43A of the Act could be initiated by the Gram Panchayat authority as a power to do so rests with the Government. Section 43A of the Act 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; - 5 - HC-KAR NC: 2025:KHC:53086-DB WA No. 1934 of 2025 (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, (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. Explanation: For the purpose of this section, nearest relative in the family means, - (a) the wife or husband of a person residing with her or him; (b)son or daughter or step-son or step-daughter; (c) any other person related, whether by blood or marriage who is wholly dependent on such person; (2) An Adhyaksha or Upadhyaksha or member so removed shall cease to function as such member and shall be disqualified from contesting election as provided in sections 12 of the Act to any panchayat for the next six years”. - 6 - HC-KAR NC: 2025:KHC:53086-DB WA No. 1934 of 2025 5. The learned Single Judge had accepted the said contention and had accordingly quashed the show cause notice issued by respondent No.1, which was impugned in the writ petition. Since the decision under Section 43A of the Act was required to be taken by the Government, the show cause notice issued by respondent No.1 was found to be unsustainable. 6. Insofar as the FIR registered is concerned, the learned Single Judge had directed that the FIR lodged against the appellant would proceed independently and uninfluenced by the report dated 12.07.2017, which was impugned in the said petition. It was further directed that the State Government shall consider the report dated 12.07.2017 only as an information and shall take a decision whether to initiate any proceedings under Section 43 of the Act. The Court further directed that if the State Government decided to proceed, the Regional Commissioner will not be influenced by any observations made in the order. 7. The learned counsel for the appellant now seeks to assail the report dated 12.07.2017 inter-alia on the ground that the said report has been generated without issuing any notice and without - 7 - HC-KAR NC: 2025:KHC:53086-DB WA No. 1934 of 2025 following the principles of natural justice. He submits that in view of the aforesaid, the impugned report is also required to be set aside. We find no merit in the said contention. As directed by the learned Single Judge, the said report is only required to be treated as information. If the State Government initiates any action pursuant to the same, the appellant would have full opportunity to respond to the said report. 8. The appellant also challenges the registration of the FIR on the ground that it is based on the aforementioned report. This contention is also untenable. As noted above, the report is required to be considered as information and if any adverse action is initiated, the petitioner would have full opportunity to respond to the same. 9. We also clarify that the observations made by the learned Single Judge would not in any manner curtail the appellant's right in regard to the said FIR. If the appellant seeks to avail of remedies in respect to the said FIR, the order passed by the learned Single Judge would not preclude the appellant from availing such - 8 - HC-KAR NC: 2025:KHC:53086-DB WA No. 1934 of 2025 remedies. Needless to state that if any such remedies are sought to be availed, the same would be examined in accordance with law. 10. The appeal is dismissed with the aforesaid observations. 11. Pending applications, if any, shall stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 2 Sl No.: 18