- 1 - HC-KAR NC: 2025:KHC:28101 WP No. 21116 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.21116 OF 2025 (LB-RES) BETWEEN: SRI VASUDEVA UPADHYAYA S/O LAXMINARAYANA UPADHYAYA AGED ABOUT 50 YEARS PRESIDENT, PADUMARNADU GRAMA PANCHAYATH MOODBIDRI TALUK D.K.DISTRICT-574227 …PETITIONER (BY SRI. HARISH KUMAR M S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ADDITIONAL CHIEF SECRETARY (PANCHAYATH RAJ) DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ VIKASA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALURU - 560001 2. THE REGIONAL COMMISSIONER MYSORE DIVISION, MYSORE GOVERNMENT OF KARNATAKA 'HIGH VIEW' VINOBHA ROAD MYSORE-570005 3. THE CHIEF EXECUTIVE OFFICER JILLA PANCHAYATH Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28101 WP No. 21116 of 2025 DAKSHINA KANNADA DISTRICT MANGALORE-575001 4. THE EXECUTIVE OFFICER TALUK PANCHAYATH MOODABIDRI TALUK DAKSHINA KANNADA DISTRICT PIN CODE-574227 5. THE PANCHAYATH DEVELOPMENT OFFICER PADUMARNADU GRAMA PANCHAYAT MOODABIDRI TALUK-574227 DAKSHINA KANNADA DISTRICT …RESPONDENTS (BY SMT.PRATHIMA HONNAPUR AAG, ALONG WITH SRI.H.K.KENCHEGOWDA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE RESPONDENT NO.2 AGAINST THE PETITIONER IN CASE NO.RCM-ELN1/15/2025 U/SEC.43(A) OF THE KARNATAKA SWARAJ ACT 1993 VIDE ANNEXURE-L AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed by the Adhyaksha seeking quashing of the proceedings in Case No.RCM- - 3 - HC-KAR NC: 2025:KHC:28101 WP No. 21116 of 2025 ELN1/15/2025 initiated by respondent No.2 against the petitioner under Section 43A of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as `Act, 1993') vide Annexure-L. 2. Learned Additional Advocate General has raised a preliminary objection, contending that the present writ petition is premature and, therefore, does not warrant any indulgence by this Court at this stage. 3. In response, learned counsel for the petitioner submits that the initiation of proceedings by respondent No.2 under Section 43-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, is vitiated by mala fides. It is alleged that certain vested interests are attempting to secure the petitioner’s removal from the post of Adhyaksha. 4. It is seen from the records that the enquiry now initiated against the petitioner pertains to the issuance of a No Objection Certificate (NOC) to M/s SKF Elixer India - 4 - HC-KAR NC: 2025:KHC:28101 WP No. 21116 of 2025 Private Limited for the grant of a temporary electricity connection. This has led to the initiation of proceedings under Section 43-A of the Act, 1993. Upon perusal of the scheme under Section 43-A of the Act, 1993, this Court is of the view that the provision enables the competent authority either on the recommendation of the Grama Panchayath or otherwise to initiate action, but only after affording a reasonable opportunity of hearing and conducting such enquiry as the authority deems necessary. 5. Though the petitioner has raised serious allegations of mala fides and irregularities in the initiation of proceedings under Section 43-A of the Act, 1993, this Court is of the considered view that it would be premature to presume that the petitioner will not be given a fair opportunity in the enquiry. The petitioner is at liberty to participate in the proceedings and to produce all relevant documents and materials in support of his case. If a detailed explanation is offered, the competent authority is - 5 - HC-KAR NC: 2025:KHC:28101 WP No. 21116 of 2025 expected to adhere to the principles of procedural fairness and must assess whether the statutory requirements under Section 43-A of the Act, 1993 are met. In this view of the matter, this Court, in exercise of its writ jurisdiction under Articles 226 and 227 of the Constitution of India, cannot undertake a premature adjudication on the question of mala fides. Accordingly, no interference is warranted at this stage, and the writ petition is liable to be disposed of. 6. However, it is made clear that the petitioner shall be permitted to contest the enquiry by placing on record all relevant materials and objections. If such documents are produced, the authority shall duly consider the same and pass appropriate orders strictly in accordance with law. 7. It is also brought to the notice of this Court that the matter is listed before the authority tomorrow. In that view of the matter, the authority is directed not to hastily - 6 - HC-KAR NC: 2025:KHC:28101 WP No. 21116 of 2025 conclude the proceedings or pass any orders without granting the petitioner an opportunity to file objections and be heard in accordance with law. With these above observations, the writ petition stands disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 8