- 1 - HC-KAR NC: 2025:KHC:39878 WP No. 18935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO.18935 OF 2025 (LB-RES) BETWEEN: SRI.HANUMEGOWDA S V S/O VISHAKANTAIAH AGED ABOUT 42 YEARS MEMBER NAGARAKERE GRAM PANCHAYAT R/AT NAGARAKERE VILLAGE KASABA HOBLI MADDUR TALUK MANDYA DISTRICT-571 428 …PETITIONER (BY SRI.TEJAS N, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ AMBEDKAR VEEDHI M.S. BUILDING BENGALURU-560 001 2. THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ AMBEDKAR VEEDHI Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39878 WP No. 18935 of 2025 M.S. BUILDING BENGALURU-560 001 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH K.V.SHANKARAGOWDA ROAD PES COLLEGE CAMPUS MANDYA-571 401 4. THE EXECUTIVE OFFICER MADDUR TALUK PANCHAYATH MANDYA-571 401 5. PANCHAYAT DEVELOPMENT OFFICER NAGARKERE GRAM PANCHAYATH MADDUR TALUK MANDYA-571 401 6. NAGARAKERE GRAM PANCHAYAT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MADDUR TALUK MANDYA-571 401 7. THE REGIONAL COMMISSIONER MYSURU DIVISION VINOBA ROAD OPP. KALAMANDIR MYSURU-570 005 …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, ADVOCATE FOR R.1, R.2 AND R.7 SRI.M.S.DEVARAJU, ADVOCATE FOR R.3 TO R.6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT/ORDER/DIRECTION QUASHING ORDER DATED 27-05-2025 ISSUED BY RESPONDENT NO.2 IN FILE NO.GRAAPA 540 GRAPAA - 3 - HC-KAR NC: 2025:KHC:39878 WP No. 18935 of 2025 2024, PRODUCED AT ANNEXURE-A IN SO FOR PETITIONER IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged the order bearing No.GraAPa 540 GraPaA 2024 dated 27.05.2025 passed by respondent No.2, by which the petitioner was disqualified under Section 43(A)(iii) of the Karnataka Grama Swaraj and Panchayath Raj (Amendment) Act, 1993 (for short 'Act, 1993') for a period of 6 years and was disqualified from contesting elections for a period of 6 years under Section 43A(2) of the 'Act, 1993'. 2. The petitioner was an elected member of respondent No.6. As he failed to attend four consecutive meetings of the Panchayat, a show-cause notice was issued on 14.02.2024 followed by an enquiry conducted by respondent No.7, who submitted a report stating that the petitioner had failed to attend four consecutive meetings. - 4 - HC-KAR NC: 2025:KHC:39878 WP No. 18935 of 2025 Following this, respondent No.2 passed the impugned order disqualifying the petitioner under Section 43(A)(iii) of the Act, 1993 and held that the petitioner is not entitled to contest elections to the panchayath for a period of 6 years as provided under Section 43A(2) of the Act, 1993. The petitioner is therefore before this Court. 3. The petitioner contends that though he had not attended three consecutive meetings, he was not informed of the fourth meeting. He submits that even before respondent No.7, he was not served with notice of the inquiry and thus, he did not appear before respondent No.7. He, therefore, prays that an opportunity be granted to him to establish that he did not receive notice of the 4th General Meeting of the Panchayat. 4. When this petition was taken up for final disposal, a memo is filed by the learned counsel for the petitioner enclosing therewith a letter submitted by the petitioner to respondent No.6 indicating that he has submitted his resignation resigning from the membership of - 5 - HC-KAR NC: 2025:KHC:39878 WP No. 18935 of 2025 respondent No.6. Therefore, he contends that the proceedings initiated by respondent No.2 may be set at naught. 5. The learned AGA, on the other hand, submitted that the resignation must have been submitted to the Assistant Commissioner, who is the competent Authority and not to respondent No.6. Therefore, he contends that the resignation tendered by the petitioner cannot be accepted. 6. A perusal of the report submitted by the respondent No.7 shows that the petitioner did not appear before respondent No.7 at the time of inquiry. The report of respondent No.7 shows that the notice of the 4th meeting was served on the aunt of the petitioner named Smt.Puttathayamma and the notice of the proceedings held by respondent No.7 was served on the nephew of the petitioner named Jagadeesh. Therefore, it appears that the petitioner did not have personal knowledge of the meeting as well as the enquiry conducted by respondent No.7. - 6 - HC-KAR NC: 2025:KHC:39878 WP No. 18935 of 2025 Though the impugned order deserved to be set-aside on the above ground, the same does not served any purpose as the petitioner has submitted his resignation. 7. In view of the fact that the petitioner has submitted his resignation, nothing survives for consideration in this petition. However, the disqualification imposed upon the petitioner deserves to be set-aside as no purpose would be served in restoring the matter before the respondent No.7 for re-consideration. 8. In that view of the matter, this Court proceeds to pass the following; ORDER (i) The writ petition is disposed off. (ii) The impugned order dated 27.05.2025 issued by respondent No.2 in file No.GraAPa 540 GraPaA 2024 as per Annexure-A is set-aside insofar as the petitioner is concerned. - 7 - HC-KAR NC: 2025:KHC:39878 WP No. 18935 of 2025 (iii) The resignation letter dated 08.10.2025 tendered by the petitioner to respondent No.6 is ordered to be transmitted to the Office of the Assistant Commissioner, Mandya Sub-Division, who shall accept the resignation tendered by the petitioner and relieve the petitioner of all responsibilities as a member of respondent No.6. Sd/- (R. NATARAJ) JUDGE NBM List No.: 1 Sl No.: 19