IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 10TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL No.4327 OF 2017 (LB-RES) BETWEEN:
SRI MOHANDAS SHETTY SON OF KORAGAPPA SHETTY AGED 48 YEARS MEMBER HAREKALA GRAMA PANCHAYATH HAREKALA MANGALURU TALUK DAKSHINA KANNADA DISTRICT PIN-575 001 ... APPELLANT (BY SRI.M K GIRISH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATHRAJ M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560 001.
2. THE DEPUTY DIRECTOR AND DESIGNATED ADDITIONAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHYATHRAJ M S BUILDING DR.AMBEDKAR VEEDHI BENGALURU-560 001.
3. THE CHEIF EXECUTIVE OFFICER ZILLA PANCHAYATH DAKSHINA KANNADA DISTRICT MANGALURU PIN-575 001.
4. THE EXECUTIVE OFFICER TALUK PANCHAYATH MANGALURU TALUK MANGALURU PIN:575 001.
5. THE PANCHAYATH DEVELOPMENT OFFICER HAREKALA GRAMA PANCHAYATH, HAREKALA MANGALURU TALUK DAKSHINA KANNADA DISTRICT PIN-575 001.
(BY SRI.S.S.MAHENDRA, AGA FOR RESPONDENT Nos.1 AND 2 SRI.MANJUNATHA K., ADVOCATE FOR ... RESPONDENTS SRI.T.MOHANDAS SHETTY, ADVOCATE FOR RESPONDENT Nos.4 AND 5 RESPONDENT No.3 IS SERVED AND UNREPRESENTED) THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION No.4240/2017 DATED 22/06/2017.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the appellant being aggrieved by the order dated 22.06.2017 passed by the learned Single Judge in Writ Petition No.4240 of 2017 in rejecting his application for stay.
2. The instant writ petition was filed questioning the order dated 26.12.2016 of the Government removing the petitioner and one Smt. Devaki, Members of Hirekala Grama Panchayath, Mangaluru Taluk, Dakshina Kannada District, from the Membership of the Grama Panchayath. The same was challenged only by the 1st petitioner – Sri Mohandas Shetty. The learned Single Judge declined to grant the interim relief of stay of the said order, in view of the judgments referred to therein. Questioning the same, the instant appeal is filed. An ex-parte order was granted on 30.06.2017 directing that “there shall be no fresh election for the post of Member to the Harekala Grama Panchayat, Dakshina Kannada District.”
3. We have heard the learned counsel for the appellant.
He submits that the respondents could not have removed the petitioner from the membership of the Harekala Grama Panchayath in violation of Section 43(A) of The Karnataka Gram Swaraj and Panchayath Raj Act, 1993.
4. However, we are of the view, that such a contention requires to be considered by the learned Single Judge at the stage of final hearing. Any finding in this appeal at this stage, would certainly affect the right of the petitioner. Therefore, all the contentions are kept open. However, staying the conducting of elections to the post of Grama Panchayath is inappropriate. When the impugned order of removal of the petitioner and another has remained on record, we deem it appropriate that the proceedings should go on including conducting of elections. It is needless to state that all further proceedings including holding of elections will all be subject to the result of the writ petition. The respondent is at liberty to proceed further.
Consequently, the appeal is disposed off with the aforesaid observation.
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JUDGE JUDGE NG* CT:bms