IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.274 OF 2019 (S-RES) BETWEEN:
Smt. Padma, W/o. Nagaraj H, Aged about 25 years, R/at Begur Village, Shikaripura Taluk, Shivamogga District -577524.
(By Sri. K.V. Sateeshchandra, Advocate) AND:
1. State of Karnataka, Represented by its Principal Secretary to Govt., Rural Development and Panchayath Raj Department, M.S. Building, Vidhana Veedi, Bengaluru -560 001.
2. The Chief Executive Officer, Zilla Panchayat, Shivamogga – 577201.
3. The Chief Executive Officer, Taluk Panchayat, Shikaripura, Shivamogga -577524.
…Petitioner 4. The Panchayat Development Officer/ Secretary, Begur Grama Panchayath, Shikaripura Taluk, Shivamogga -577524.
5. Sri. K.K. Raju, S/o. Krishnappa, Aged about 37 years, Occ: Peon, Gram Panchayat, Begur, R/o. Begur, Hosur Hobli, Shikaripura, Shivamogga District -577 427.
(By Smt. M.S. Prathima, AGA for R1;
…Respondents Sri. R. Sharath Chandra, Advocate for R2 & R4; Sri. M.V. Ramesh Jois, Advocate for R2;
Sri. K. Manjunath Rao Bhonsle, Advocate for proposed respondent No.5;
R3 served but unrepresented.) This writ petition is filed under Articles 226 & 227 of Constitution of India praying to quash the resolution passed by respondent No.4 dated 22.01.2018 vide Annexure –C and letter dated 08.12.2018 which is at Annexure-E in appointing Raju K.K.
This writ petition coming on for orders this day, the court made the following:
ORDER In the instant petition, petitioner has assailed the resolution passed by respondent No.4 dated 22.11.2018 (Annexure-C) and communication dated 18.12.2018 (Annexure-E) in appointing the proposed respondent – K.K. Raju. The petitioner has a statutory remedy of appeal before the Appellate Authority under Section 269 of Karnataka Panchayat Raj Act 1993.
2. Learned counsel for the petitioner submitted that in so far as one of the criteria is to approve the resolution of respondent No.4 dated 22.11.2018 Annexure -C by the Chief Executive Officer, Zilla Panchayat. The Chief Executive Officer, Zilla Panchayat has returned the resolution with an observation that the appointments are to be made according to the merit selection.
3. Thus, in view of the decision of the Chief Executive Officer, Zilla Panchayat, matter is remanded back to Grama Panchayat, Begur for reconsideration. In view of the fact that matter is remanded to Grama Panchayath, the present writ petition do not survive for consideration.
Accordingly, writ petition stands disposed of reserving liberty to the petitioner that in the event any adverse resolution is passed, he is permitted to approach the Appellate Authority.
In view of the disposal of the main matter, I.A. Nos. 1/2019 and 3/2019 do not survive for consideration. Accordingly they are dismissed.
Sd/- JUDGE BVK