IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 28th day of June, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR Writ Petition No 26412 of 2017 (LB-RES-PIL) BETWEEN:
1. SRI P S VEERANNA S/O P K SHEKARAPPA AGED ABOUT 40 YEARS D.NO.2662/34/32, B BLOCK, 3RD MAIN, S.S.LAYOUT, DAVANAGERE-577 004 2. SRI KARUNAKAR Y M S/O MARIAPPA GOWDA, AGED ABOUT 42 YEARS, BALPA VILLAGE, SULYA TALUK, DAKSHINAKANNADA DISTRICT-574232 3. SRI NARAYANA SHETTY S/O K.K SHETTY, AGED ABOUT 65 YEARS, NO.14, OPP.NELAMANGALA TOLL BOOTH, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT-562123 4. SRI SUBRAMANYA G P S/O PUTTAPPA, AGED ABOUT 35 YEARS, GUTTI HOUSE, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT-577132 5. SRI MAHADEV S/O MADEGOWDA, AGED ABOUT 39 YEARS, R/AT CHEKKERE VILLAGE AND POST, MALUR HOBLI, CHANNAPATNA TALUK, RAMANAGAR DISTRICT-562159 6. KARNATAKA RAJYA ZILLA PANCHAYAT ADHYAKSHARA OKKUTA (R), MAHADESHWARA NILAYA, 5TH CROSS, KUVEMPUR BADAVANE, MAHADESHWARA NAGARA, CHANNAPATNA TOWN, RAMANAGARA DISTRICT-562160 REPRESENTED BY ITS PRESIDENT, SRI RAJESH C.P ... PETITIONERS [By Sri G Balakrishna Shastry, Advocate, for Sri Dharmapal, Advocate] AND:
1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560 001 2. CHIEF SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001 3. PRESIDENT OF KARNATAKA STATE BHARATIYA JANATHA PARTY (BJP) JAGANNATH BHAVAN TEMPLE STREET, MALLESHWARAM BENGALURU-560 003 4. PRESIDENT OF KARNATAKA PRADESH CONCRESS COMMITTEE (KPCC) QUEENS ROAD ENGALURU-560 052 5. PRESIDENT OF JANATA DAL (SECULAR) J P BHAVAN NEAR KRISHNA FLOOR MILL BENGALURU-560 020 … RESPONDENTS [By Sri R Devdas, Principal Government Advocate, for R-1 & 2; R-3 to R-5 are deleted vide order dated 28.06.2017] THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 & 2 TO GIVE EFFECT OF SECTION 179 OF PANCHAYATH RAJ ACT 1993 IN THE LETTER AND SPIRIT AND TO SEE THAT MERE RESIGNATIONS LETTERS TENDERED BY SUCH ADHYAKSHA OR UPADHYAKSHA SHALL NOT BE CONSIDERED WITHOUT ENQUIRY AND FIND OUT GROUND REALITY OF SUCH RESIGNATIONS IN THE LARGER PUBLIC INTEREST AND TO IMPLEMENT THAT THE OFFICE OF ADHYAKSHA OR UPADHYAKSHA SHALL BE CONTINUED FOR 5 YEARS WITHOUT INTERFERENCE AND FURTHER RESPONDENTS ARE DIRECTED TO CONSIDER SUCH RESIGNATIONS LETTERS ONLY ON THE HEALTH REASON OR ANY OTHER EXTRAORDINARY CIRCUMSTANCES AND NOT ON ANY OTHER EXTRANEOUS CIRCUMSTANCES, AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R Issue notice to the respondents.
Mr R Devdas, learned principal government advocate, accepts notice for the respondent Nos 1 and 2. Therefore, formal service of notice to them is dispensed with.
Mr G Balakrishna Shastry, learned advocate appearing in support of the writ petition, seeks leave of the court to delete the description of the respondent Nos 3 to 5.
Liberty is granted to the writ petitioners to delete the description of the respondent Nos 3 to 5, here and now.
2. After hearing G Balakrishna Shastry, learned advocate appearing for the writ petitioners and Mr R Devdas, learned principal government advocate, appearing for the respondent Nos 1 and 2, and considering the nature of the controversy, we feel, justice will be sub- served if we dispose of this writ petition by granting liberty to the writ petitioners to make a detailed representation to the Additional Chief Secretary, Government of Karnataka, Department of Rural Development and Panchayatraj, within a period of fortnight from today.
3. If such a representation is made, the said authority shall consider and dispose of such representation, in accordance with law, after giving opportunity of hearing to all persons concerned in the matter.
4. Writ petition is disposed of accordingly.
5. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE *pjk