IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 PRESENT THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON'BLE MR.JUSTICE R.DEVDAS WRIT APPEAL NO.138 OF 2016 (LB-ELE) BETWEEN:
SMT.SHANTHA, AGED ABOUT 46 YEARS, W/O SRI RAVICHARI, RESIDING AT KALLAHALLI VILLAGE, HANUGODU HOBLI, HUNUSURU TALUK, MYSORU DISTRICT. ... APPELLANT (BY SRI SHANKAR REDDY C, ADVOCATE) AND:
1. STATE OF KARNATAKA PANCHAYATH RAJ, VIKAS SOUDHA, DR.B.R.AMBEDKAR ROAD, BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU-570 002.
3. THE BLOCK EDUCATION OFFICER HUNUSURU AND RETURNING OFFICER KALLAHALLI GRAMA PANCHAYATH HUNUSURU TALUK, MYSURU DISTRICT-570 007.
4. KALLAHALLI PANCHAYATH, KALLAHALLI, HUNSURU TALUK, MYSURU DISTRICT-570 002. REPRESENTED BY PANCHAYATH DEVELOPMENT OFFICER.
5. H.P.THIMMEGOWDA AGE NOT KNOWN TO THE APPELLANT, MAJOR S/O SRI. PUTTE GOWDA, HUNASEGALA GRAMA PANCHAYATH KALLAHALLI POST, HUNUSUR TALUK, MYSURU DISTRICT-570 007.
6. ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER, KARNATAKA STATE CO-OPERATIVE SOCIETY, FEDERATION BUILDING, BACKSIDE, NO.8, 1ST FLOOR, CUNNINGHAM ROAD, BENGALURU-560 052. ... RESPONDENTS (BY SRI V.SREENIDHI, AGA FOR R1 TO R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 02.11.2015 PASSED IN WRIT PETITION NO.30325/2015 AND ALLOW THE SAID WRIT PETITION.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, R.DEVDAS J., DELIVERED THE FOLLOWING:-
JUDGMENT The appellant/petitioner contends that she is the sole woman member of Kallahalli Grama Panchayat and she belongs to BC (A) category. The appellant further contends that she is entitled to be elected as President of Grama Panchayat. The grievance of the appellant is that inspite of the above facts, the official respondents conducted election declaring the respondent No.5 as Adhyaksha of the Grama Panchayat.
2. The learned Single Judge has dismissed the petition on the ground that, in terms of Section 45(2) of Karnataka Panchayat Raj Act, any dispute relating to election of Adhyaksha or Upadhyaksha of Grama Panchayat has to be decided by the prescribed Judicial Officer. The petition filed by the appellant herein has been dismissed on the said ground. Hence, we do not find any infirmity in the impugned order. Moreover, on facts it appears that the matter has also become infructuous by efflux of time. The appeal is accordingly dismissed.
In view of the disposal of the main appeal, I.A.1/2016 is also dismissed.
SD/- JUDGE SD/- JUDGE BSR