- 1 - HC-KAR NC: 2025:KHC-D:7758-DB WA No. 100570 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT APPEAL NO.100570 OF 2023 (LB-RES) BETWEEN: SMT. HULIGEMMA W/O. NAGARAJ, OCC. HOUSEWIFE, R/A. WARD NO.1 VADDATTI VILLAGE, KURAGOD TALUKA, DIST. BALLARI. …APPELLANT (BY SRI. CHANDRAKANTH GOULAY AND SRI. SUNIL S.DESAI, ADVOCATES) AND: 1. THE KARNATAKA STATE ELECTION COMMISSION, REP. BY ITS COMMISSIONER, 2ND AND 3RD FLOOR, NO.16 BALLARI ROAD, SADASHIVA NAGAR, BENGALURU-560080. 2. THE DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, BALLARI-583101. 3. THE ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, BALLARI-583101. 4. THE EXECUTIVE OFFICER, KURAGOD TALUK PANCHAYATH KURAGOD, DISTRICT: BALLARI-583101. 5. THE TAHASILDAR, KURAGOD OFFICE OF TAHASILDAR, KURAGOD, DIST. BALLARI-583101. 6. PANCHAYATH DEVELOPMENT OFFICER, YARRANGALAGI VILLAGE PANCHAYATH, YARRANGALAGI VILLAGE, KURAGOD TALUK, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7758-DB WA No. 100570 of 2023 DIST. BALLARI-583101. 7. LAXMI W/O. GADALINGAPPA K., OCC. MEMBER, GRAM PANCHAYATH, R/O. WARD NO.3, VADAGATTI VILLAGE, POST VADAGATTI, TQ. KURAGOD, DISTRICT. BALLARI-583101. 8. C. PANDURANGA REDDY S/O. C. SANNA THIMAA REDDY, OCC. MEMBER, GRAM PANCHAYATH, R/O. WARD NO.2, VADAGATTI VILLAGE, POST VADAGATTI, TQ. KURAGOD, DISTRICT. BALLARI-583101. 9. HULIGEMMA W/O. MALLAYYA, OCC. MEMBER, GRAM PANCHAYATH, R/O. WARD NO.1, VADAGATTI VILLAGE, POST VADAGATTI, TQ. KURAGOD, DISTRICT. BALLARI-583101. 10. HULIGEMMA W/O. KOLATAD HANUMANT, OCC. MEMBER, GRAM PANCHAYATH, R/O. YARANGALAGI, TQ. KURAGOD, DISTRICT. BALLARI-583101. 11. J. BHEEMANAGOUDA S/O. THIPPAREDDY, OCC. MEMBER, GRAM PANCHAYATH, R/O. WARD.1, YARANGALAGI, TQ. KURAGOD, DIST. BALLARI-583101. …RESPONDENTS (BY SRI. SHIVARAJ BELLAKKI, ADVOCATE FOR R1; SRI. T.HANUMAREDDY, ADDL. GOVT. ADV. FOR R2, R3 AND R5; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R4 AND R6; SRI. M.S. HALLIKERI, ADVOCATE FOR C/R11; NOTICE TO R7 TO R10 ARE SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE MADE IN WP NO.104646/2023 DATED 04.09.2023 AND TO DISMISS THE WRIT PETITION WITH COSTS AND TO PASS APPROPRIATE SUITABLE ORDERS IN THE INTEREST OF JUSTICE AND EQUITY; QUASHING THE ORDER BEARING NO.KAM.CHUNAVANI18.2023-204 DATED 19.09.2023 ISSUED BY THE 2ND RESPONDENT AS ARBITRARY ILLEGAL AND NOT MAINTAINABLE IN LAW AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:7758-DB WA No. 100570 of 2023 THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This intra-Court writ appeal has been filed by the appellant who was respondent No.7 before the learned Single Judge, aggrieved of the impugned order whereby the writ petition filed by respondents No.8 to 11 herein was allowed by the learned Single Judge. 2. Respondents No.7 to 11 herein, being Members of the Gram Panchayat filed the writ petition under Article 226 of the Constitution of India seeking a writ of quo warranto, questioning the authority of respondent No.7 to continue as a Member of the Gram Panchayat, since the 7th respondent had tendered her resignation on 15.05.2023 and after the expiry of 15 days from the date of tendering of the resignation, the 7th respondent ceased to be a Member of the Gram Panchayat. 3. However before the learned Single Judge, respondent No.7 contended that the resignation given by her - 4 - HC-KAR NC: 2025:KHC-D:7758-DB WA No. 100570 of 2023 was never approved in the next meeting of the Gram Panchayat which took place on 30.05.2023. The learned Single Judge proceeded while referring to Section 43 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘Act’ for short) and held that the said provision makes it clear that a member may tender his/her resignation in writing addressed to the Adhyaksha. It was held that the provision contemplates that the seat will become vacant on expiry of 15 days from the date of such resignation, unless he/she withdraws the resignation letter within 15 days. It was held that no material was placed by respondent No.7 before the Court to indicate that she had withdrawn her resignation by addressing a letter to the Adhyaksha of the Gram Panchayat. 4. Along with the writ appeal, the appellant filed an application under Order 41 Rule 27 read with Section 151 of the CPC seeking leave to produce additional document in support of the case of the appellant. Along with the application, the appellant has filed the original of letter dated 26.05.2023 written by the appellant herein, addressed to the Adhyaksha of the Gram Panchayat and while pointing out to the said - 5 - HC-KAR NC: 2025:KHC-D:7758-DB WA No. 100570 of 2023 document, learned counsel for the appellant submitted that the appellant herein tendered the said letter to the Adhyaksha of the Gram Panchayat on 26.05.2023 and it contains seal and signature of the Adhyaksha of the Gram Panchayat and it is clear that the same was acknowledged by the Adhyaksha on 26.05.2023. With this, the learned counsel for the appellant would submit that in terms of the provision, the appellant had tendered a letter withdrawing her resignation within the stipulated period of 15 days. 5. However learned counsel for one of the writ petitioner, who is respondent No.11 would draw the attention of this Court to copy of the application filed under Section 151 of CPC read with Article 226 and 227 of the Constitution of India, filed by respondent No.7 before the learned Single Judge for vacating the interim order. Learned counsel submits that the application was filed on 09.08.2023 while clearly stating that respondent No.1 had never tendered the resignation and Annexure-B, the alleged resignation letter is a forged one as the signature on the said resignation letter does not belong to respondent No.7 and the same was denied by respondent No.7. - 6 - HC-KAR NC: 2025:KHC-D:7758-DB WA No. 100570 of 2023 It is further pointed out that although the application was filed on 09.08.2023, no such statement was made in the application by the appellant herein that she had tendered a letter dated 26.05.2023 before the Adhyaksha of the Gram Panchayat and for the first time, the said letter is sought to be produced before this Court although no such averment was ever made by the appellant herein before the learned Single Judge or in the written application filed by the appellant herein seeking to vacate the interim order. The learned counsel would therefore submit that the said document sought to be brought before this Court as additional document is nothing but an afterthought and a bogus document. 6. Having heard the learned counsel for the appellant, learned counsel for the contesting respondent No.11 and the learned Addl. Government Advocate and on perusing the appeal memo, this Court is of the considered opinion that the additional document sought to be produced before this Court cannot be accepted in the light of the facts narrated hereinabove. The appellant herein has taken a clear stand that she never tendered the resignation. If that was the stand taken - 7 - HC-KAR NC: 2025:KHC-D:7758-DB WA No. 100570 of 2023 by the appellant herein before the learned Single Judge and in terms of the statements made in the application for vacating the interim order, then it would be difficult to accept the factum of the appellant tendering a letter subsequently on 26.05.2023 to withdraw the letter of resignation. The two facts cannot go hand-in-hand. If one statement is accepted, then the other would become logically unacceptable. 7. In that view of the matter, and having regarding to the provisions contained in Section 43 of the Act, unless and until the resignation given by a Member of the Gram Panchayat is withdrawn in writing addressed to the Adhyaksha of the Gram Panchayat, within 15 days from the date of tendering of the resignation, the resignation is deemed to have been accepted and on the expiry of 15 days, the member is deemed to have vacated the seat of the membership of the Gram Panchayat. Having regard to the mutually destructive statements being made by the appellant in writing before the learned Single Judge, that the appellant never tendered the resignation and the document of resignation is a forged document and now taking a stand that the appellant withdrew - 8 - HC-KAR NC: 2025:KHC-D:7758-DB WA No. 100570 of 2023 the resignation on 26.05.2023 by writing a letter to the Adhyaksha of the Gram Panchayat, this Court is of the considered opinion that there is no merit in this writ appeal. 8. Accordingly, the writ appeal stands dismissed. Sd/– (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE CLK CT: UMD List No.: 1 Sl No.: 19