1/5 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14th DAY OF DECEMBER 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.56177/2017 (LB-ELE) BETWEEN:
SRI. BHANU PRAKASH N S/O M.H. NANJUNDA REDDY AGED ABOUT 42 YEARS R/AT. MARUTHI NILYA C.B. PURA ROAD, SADASHIVA BADAVANE, GOWRIBIDANURU CHIKKABALLAPUR DISTRICT-561208.
(BY Mr. AFSAR AHMED S, ADV.) AND:
1. GOVERNMENT OF KARNATAKA …PETITIONER VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU, KARNATAKA-560001 REP. BY CHIEF SECRETARY.
2. THE URBAN DEVELOPMENT SECRETARIAT VIKAS SOUDHA, NEAR VIDHANA SOUDHA AMBEDKAR VEEDHI, BENGALURU KARNATAKA-560001 REP. BY ITS PRINCIPAL SECRETARY.
3. THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR-561208.
4. THE ASSISTANT COMMISSIONER CHIKKABALLAPUR SUB-DIVISION CHIKKABALLAPUR-561208.
5. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH CHIKKABALLAPUR DISTRICT-561208.
6. THE EXECUTIVE OFFICER TALUK PANCHAYAT GOWRIBIDANURU TALUK CHIKKABALLAPUR DISTRICT-561208.
…RESPONDENTS (BY Mr. A.K. VASANTH, AGA FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO THE R-3 DEPUTY COMMISSIONER TO DECLARE THE NOTIFIED HIREBIDANURU AND VEERLAGOLLAHALLI CEASED TO BE THE PANCHAYAT AREA & ETC., THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Afsar Ahmed S, Adv. for Petitioner Mr. A.K. Vasanth, AGA for R1 to R4 1. The petitioner-Mr.N.Bhanu Prakash s/o M.H.Nanjunda Reddy claiming to be the Member of Hirebidanuru Village Panchayath, Gowribidanur, has filed this writ petition in this Court on 13.12.2017 with the following prayers:-
“ (a) The Hon’ble Court Kindly may, issue writ of mandamus to the 3rd respondent Deputy Commissioner to declare the notified Hirebidanuru and Veerlagollahalli ceased to be the Panchayat Area.
(b) And to quash the order bearing No.ELN(2)CR.104/2015-16 dated 08-12-2017 at Annexure-C issued by the 3rd respondent Deputy Commissioner to conduct election for the office Adhyakasha (President) of the Hirebidanur Panchayat under the provisions of Karnataka Gram Swaraj and Panchyat Raj (Conduct of Election for Adyaksha and Up- Adyaksha Rules)1995.
(c) Pleased to pass any other or directions as this Hon’ble Court feels deem fit under the circumstances of the case, in the interest of justice and equity”.
2. The learned counsel for the petitioner Mr.S.Afsar Ahmed has submitted that the 3rd Respondent – Deputy Commissioner, Chikkaballapur District, could not have directed for conducting the Election for the post of ‘President’ of the said Village Panchayath, which has been so directed on account of death/resignation of the previously existing President, on account of the fact that the State Government vide its Notification Annexure-A dated 11.07.2017 has redefined the limits of certain Revenue villages and on the basis of which, some portion of the area of the said Village Panchayath has now been included in the City Municipal Councils.
However, he has submitted that the three concerned Village Panchayaths namely, Hosahudya Village Panchayath, Muddalodu Village Panchayath and Hirebidanur Village Panchayath have not been disbanded and closed or de-notified and therefore, admittedly, the said Village Panchayaths continue to exist and function under the Act of 1993.
3. Having heard the learned counsel for the petitioner, this Court is satisfied that the impugned order passed by the 3rd Respondent- Deputy Commissioner, Chikkaballapur District, does not require any interference by this Court, since the said three Village Panchayaths continue to exist irrespective of their area curtailed or re-defined by the State Government. Therefore, the impugned order on holding the elections cannot be said to be erroneous or not sustainable in law.
4. The Writ petition is found to be devoid of merits and is liable to be dismissed and accordingly it is dismissed. No costs.
Copy of this order be sent to the Respondents forthwith.
Sd/- JUDGE Srl.