High Court of Karnataka Adjudicates Batch of Writ Appeals Against Single Judge Order Dated 28-02-2018 Dismissing Writs Filed by Gram Panchayat Office-Bearers. Appeals Under Section 4 of Karnataka High Court Act Question Correctness of Single Judge’s Refusal to Grant Relief in Panchayat Leadership Disputes.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

This batch of writ appeals was filed under Section 4 of the Karnataka High Court Act, 1961 before a Division Bench of the High Court of Karnataka at Bengaluru. The appellants, who include Presidents (Adhyaksha) and Vice-Presidents (Upadhyaksha) of various Gram Panchayats in Karnataka as well as other members, challenged the common order dated 28 February 2018 passed by a Single Judge of that Court. The Single Judge had dismissed their respective writ petitions, which appear to have related to proceedings under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The writ petitions were classified under codes 'LB-RES' (likely Local Body - Resolution) and 'LB-ELE' (likely Local Body - Election) and presumably involved disputes concerning no-confidence motions or removal of office-bearers. The appellants sought to have the Single Judge's order set aside and their writ prayers granted. The State of Karnataka, through the Department of Panchayath Raj, the Assistant Commissioners of concerned revenue sub-divisions, and the respective Gram Panchayats were impleaded as respondents. The appeals were heard together, and the appellants were represented by various advocates, while the State was represented by the Additional Advocate General and Additional Government Advocate. The judgment text provided only the cause titles and prayers; the substantive reasoning, legal issues, arguments, and final decision of the Division Bench were not included. Consequently, the outcome of these writ appeals is not known from the available text.

Issue of Consideration

KAHC010030272018_1

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Case Details

2018 LawText (KAR) (10) 2

W.A.Nos.844/2018 & 853/2018 (LB-RES) along with W.A.Nos.855-856/2018, 864/2018, 871/2018, 866/2018, 867/2018, 873/2018, 868/2018, 872/2018, 911/2018, 875/2018, 876/2018, 877/2018, 879/2018, 880/2018, 887/2018, 888/2018, 897/2018, 942/2018, 900/2018, 901/2018, 909/2018, 913/2018, 914/2018, 929/2018, 915/2018, 916/2018, 917/2018, 919/2018, 925/2018, 926/2018, 928/2018, 930/2018, 932/2018, 933/2018, 940/2018, 941/2018, 944/2018, 950/2018, 994/2018, 951/2018, 957/2018, 960/2018, 961/2018, 979/2018, 982/2018, 989/2018, 990/2018, 993/2018, 1003/2018, 1010/2018, 1014/2018, 1015/2018, 1016/2018, 1060/2018, 1062-1063/2018, 1064/2018, 1065/2018, 1073/2018, 1076/2018, 1080/2018, 1253/2018, 1282-1283/2018, 899/2018, 1082/2018, 1224/2018, 1254/2018, 1270/2018

2018-10-12

Dinesh Maheshwari, Krishna S. Dixit

Prakash M.H., Mahesh R. Uppin, Siddappa B.M., Chandrakant R. Patel, Mahamad Tahir A., Sangamesh R.B., Bhadrinath R., A.S. Ponnanna (Additional Advocate General), H. Venkatesh Dodderi (AGA), B.J. Somayaji, M. Pradeep

Smt. Lakshmamma, Mahesh K.H., Smt. Sujatha M, Sri H.C. Swamy Gowda, Sri Chandra Naika, Smt. Manjula, Sri Narasimaha Murthy, Smt. Gangamma, B.N. Jagadish, Smt. Bhagyalakshmi, Sri Sannaninge Gowda N and others

State of Karnataka (Department of Panchayath Raj), Assistant Commissioner, Hunsur Revenue Sub-Division, Mukanahalli Gram Panchayath, Smt. Roopa, Sri Mahadeva, Smt. Mani, Sri Madeva, Smt. Mahadevi S, Smt. Kusuma, Sri Papa Bhovi, Sri Kumar, Sri Suresh and others

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Nature of Litigation

Writ appeals under Section 4 of Karnataka High Court Act, 1961 against Single Judge's order dismissing writ petitions filed by Presidents, Vice-Presidents and members of Gram Panchayats.

Remedy Sought

Appellants sought to set aside the Single Judge's order dated 28/02/2018 and allow their writ petitions.

Filing Reason

The Single Judge had dismissed their writ petitions, leading them to prefer intra-court appeals.

Previous Decisions

Single Judge order dated 28/02/2018 dismissing writ petitions in various LB-RES and LB-ELE cases.

Procedural History

The appellants filed multiple writ petitions before the Single Judge of the High Court of Karnataka, which were dismissed by a common order dated 28 February 2018. Aggrieved, they filed the present writ appeals under Section 4 of the Karnataka High Court Act, 1961. The appeals were heard by a Division Bench on 12 October 2018.

Acts & Sections

  • Karnataka High Court Act, 1961: Section 4
  • Karnataka Gram Swaraj and Panchayat Raj Act, 1993:
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