- 1 - HC-KAR NC: 2026:KHC:13676 WP No. 6972 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6972 OF 2026 (LB-RES) BETWEEN: 1. SHRI. RAMEGOWDA AGED ABOUT 59 YEARS S/O LATE SHRI. THIMMEGOWDA MEMBER OF ANKAPURA GRAMA PANCHAYATH R/O JODIMALLAPPANAHALLY VILLAGE KATTAYA HOBLI, HASSAN TALUK HASSAN DISTRICT-573 120. 2. SHRI. S.RAJASHEKAR AGED ABOUT 46 YEARS S/O SHRI. SUBBAIAH MEMBER OF ANKAPURA GRAMA PANCHAYATH R/O SHATTIGARAHALLI VILLAGE, KARLE KATTAYA HOBLI, HASSAN TALUK HASSAN DISTRICT-573 120. …PETITIONERS (BY SRI. CHETHAN B., ADVOCATE) AND: 1. THE REGIONAL COMMISSIONER MYSURU SUB-DIVISION, OFFICE OF THE REGIONAL COMMISSIONER HIGH VIEW, VINOBA ROAD, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13676 WP No. 6972 of 2026 MYSORE 570 005. 2. THE CHIEF EXECUTIVE OFFICER JILLA PANCHAYATH, HASSAN DISTRICT HASSAN-573 201. 3. THE EXECUTIVE OFFICER HASSAN TALUK PANCHAYAT HASSAN TALUK - 573 201 HASSAN DISTRICT. 4. THE PANCHAYATH DEVELOPMENT OFFICER ANKAPURA GRAMA PANCHAYATH HASSAN TALUK - 573 201 HASSAN DISTRICT. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; SRI. M.S.DEVARAJU, ADVOCATE FOR R2 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENQUIRY NOTICE DATED 13.02.2026 026 BEARING NO.RCM-ELN1/49/2025 ISSUED BY RESPONDENT NO.1 AS PER ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13676 WP No. 6972 of 2026 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioners are said to be panchayath members of Ankapura Grama Panchayath. Proceedings have been initiated against them for their removal on certain allegations under Section 43A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short 'the Act, 1993'). A notice was issued to them, for which they have replied. Their reply has not been accepted and an enquiry notice has been issued to them directing them to appear on 04.03.2026. It is submitted that the petitioners appeared before respondent no.1 on that day and the matter has been subsequently adjourned. 2. The writ petition is filed on the ground that a panchayath member can be removed as per the provisions stipulated under Section 43A of the Act, 1993. However, the impugned enquiry notice at Annexure-A to the writ petition has been issued under Section 48(4) and (5) of the Act, 1993 which is for removal of Adhyaksha or Upadhyaksha. - 4 - HC-KAR NC: 2026:KHC:13676 WP No. 6972 of 2026 3. Perusal of the impugned notice at Annexure-A reveals that enquiry notice has been issued to the petitioners under Section 48(4) and (5) of the Act, 1993. 4. Learned AGA appearing for respondent no.1 and learned counsel Sri.M.S.Devaraju appearing for respondent nos.2 to 4 together submit that it is a typographical error and it may be ordered to be treated as a notice issued under Section 43A of the Act, 1993. It is further submitted that all the procedures adopted by the authorities concerned in the instant case is in accordance with law. It is also submitted what has been issued to the petitioners is only an enquiry notice and they have the liberty to appear before the enquiring authority (respondent no.1) and make their submissions and they are at liberty to defend their case in accordance with law. 5. Under the circumstances, interest of justice would be met if the impugned inquiry notice issued at Annexure-A to the writ petition is considered as a notice under Section 43A of the Act, 1993 instead of Section 48(4) and (5) of the Act, 1993. 6. Hence, the following: - 5 - HC-KAR NC: 2026:KHC:13676 WP No. 6972 of 2026 ORDER (i) The impugned enquiry notice issued at Annexure-A shall be treated as a notice issued under Section 43A of the Act, 1993 instead of a notice under Section 48(4) and (5) of the Act, 1993 and respondent no.1 shall conduct an enquiry against the petitioners as contemplated under Section 43A of the Act, 1993 in accordance with law. (ii) It is made clear that no opinion is expressed on the merits of the case and respondent no.1 shall take a decision solely based upon the evidence adduced before him in the inquiry. (iii) The writ petition stands disposed of accordingly. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 12