- 1 - NC: 2025:KHC-K:1748-DB WA No. 200036 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.200036 OF 2025 (LB-RES) BETWEEN: SMT. ERAMMA W/O. AMARAPPA SAKIN TADAKAL, AGE: 62 YEARS, OCC: PRESIDENT, UTAKANOOR GRAM PANCHAYAT, R/O. UTAKANOOR-584138, TQ. MANVI, DIST. RAICHUR …APPELLANT (BY SRI. SHRAVAN KUMAR MATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, VIDHAN SOUDHA, BENGALURU-560001. REPRESENTED BY ITS ADDL. SECRETARY, 2. THE REGIONAL COMMISSIONER, KALBURGI REGION, MINI VIDHANA SAUDHA, KALABURAGI-585101, TQ/DIST. KALABURAGI 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, RAICHUR-584101, TQ/DIST. RAICHUR. Digitally signed by NIJAMUDDIN JAMKHANDI Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1748-DB WA No. 200036 of 2025 4. THE EXECUTIVE OFFICER, TALUKA PANCHAYAT, MANVI-584138, TQ. MANVI, DIST. RAICHUR. 5. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT UTAKANOOR, UTAKANOOR-584138, TQ. MANVI, DIST. RAICHUR. 6. SMT. KAVERI W/O. GOVINDAPPA AGE: MAJOR, OCC: EX-PRESIDENT UTAKANOOR GRAM PANCHAYAT, R/O. UTAKANOOR-584138, TQ. MANVI, DIST. RAICHUR. …RESPONDENTS (BY SRI. MALLIKARJUN BASAREDDY, GA FOR R1 AND R2; SRI. RAVI B. PATIL, ADVOCATE FOR PROPOSED R-7) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION BY MODIFYING THE INTERIM ORDER DATED 13.02.2025 IN WP NO.200344/2025 GRANTED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT, BY GRANTING THE INTERIM ORDER OF STAY, STAYING THE OPERATION, EXECUTION AND IMPLEMENTATION OF THE IMPUGNED ORDER BEARING NO. _UÁæC¥À 61 UÁæ¥ÀAC 2023 ¨ÉAUÀ¼ÀÆgÀÄ DATED 17.01.2025 PASSED BY THE RESPONDENT NO.1 DISMISSING THE APPELLANT FROM THE POST OF PRESIDENT OF UTAKANOOR GRAM PANCHAYAT TQ. SINDHANUR DIST. RAICHUR AND ALSO REMOVING THE NAME OF THE APPELLANT FROM THE LIST OF MEMBERS OF THE SAID GRAM PANCHAYAT PASSED BY THE RESPONDENT NO.1 AS PER ANNEXURE-A IN ITS ENTIRETY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC-K:1748-DB WA No. 200036 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed seeking following reliefs: “To issue a writ or order or direction by modifying the interim order dated 13.02.2025 in WP No.200344/2025 granted by the learned Single Judge of this Hon’ble Court, by granting the interim order of stay, staying the operation, execution and implementation of the impugned order bearing no. _UÁæC¥À 61 UÁæ¥ÀAC 2023 ¨ÉAUÀ¼ÀÆgÀÄ dated 17.01.2025 passed by the respondent no.1 dismissing the appellant from the post of President of Utakanoor Gram Panchayat Tq. Sindhanur Dist. Raichur and also removing the name of the appellant from the list of members of the said gram panchayat passed by the respondent no.1 as per Annexure-A in its entirety” 2. Learned counsel appearing for both sides fairly submits that this appeal was filed in view of the fact that learned single judge of this Court could not consider the interim relief sought by the appellant. It is further submitted that this Court vide order dated 24.02.2025 has granted the interim relief. The order dated 24.02.2025 reads as under: “The appellant has sought for modification of the interim order dated 13.02.2025 passed in W.P.No.200344/2025. - 4 - NC: 2025:KHC-K:1748-DB WA No. 200036 of 2025 The facts made out is that, the appellant who was the petitioner before the Civil Judge in the writ proceedings has challenged the order passed by the State under Section 43A and 48(4) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993. In the challenge to the said order of disqualification, learned Single Judge has passed an interim order staying Annexure-‘A’ only to the extent of disqualification of the petitioner for a period of six years. By virtue of the order of disqualification dated 17.01.2025, the petitioner has lost her membership apart from being disqualified from contesting election for a period of six years. Insofar as the aspect that disqualification of the petitioner for a period of six years interim order has been granted, but as regards to her membership no interim order has been considered. Learned Senior counsel appearing for the petitioner who is the appellant herein submits that there are various contentions on merits including the principles of natural justice have not been followed during the process of enquiry. It is further submitted that, the interim order cannot be bifurcated as if the Court were to find ground sufficient to stall the disqualification, same ground have to be sufficient to extend the interim order to ensure that she does not lose her membership. Learned counsel appearing for the impleading applicants submits that the allegations are grave and even after the order of disqualification there has been certain misuse of power. However, at this stage, as the matter is seized before the learned Single Judge, we do not wish to enter into a detailed adjudication. Suffice it to state that the order of disqualification when called-in-question and interim order is passed, there cannot be bifurcation of relief by staying only disqualification and not staying the cessation of membership. Accordingly, there would - 5 - NC: 2025:KHC-K:1748-DB WA No. 200036 of 2025 be stay of the order at Annexure-‘A’. This order would be in operation till the next date. Both parties are at liberty to move the learned Single Judge for expeditious disposal of the main matter. Both parties undertake that they will not seek for any unnecessary adjournments in the pending writ proceedings. Re-list the matter on 20.03.2025. It is clarified that the petitioner is not to take any decision which may have financial implication except those required for day to day function. Any action which may have larger implication and consequence can be made only after obtaining permission of the learned Single Judge in the pending proceedings..” 3. In view of the aforesaid order, we are of the considered view that the appeal can be disposed off. It is also submitted that now the writ petition itself is taken up for hearing before the learned Single Judge. 4. In view of the aforesaid fact, the present appeal is disposed off, by continuing the interim order dated 24.02.2025 till the disposal of the writ petition. The appellant submits that she will cooperate for the early disposal of the writ petition before the learning Single Judge. The same is placed on record. - 6 - NC: 2025:KHC-K:1748-DB WA No. 200036 of 2025 5. Pending interlocutory applications, if any, do not survive for consideration. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE NJ List No.: 1 Sl No.: 24 CT:SI