IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.27613/2018 (LB- RES) Between:
Smt. Vimala Gundappa, W/o Gundappa, Aged 45 years, Kadigere Village, Nilskal (P.O.), Hosanagar (Tq), Shimoga (Dist) – 577 425. … Petitioner (By Sri N.K. Ramesh, Advocate) And:
1. The Deputy Commissioner, Shimoga District, Shimoga – 577 201.
2. The Assistant Commissioner, Sagar Sub-Division, Sagar, Shimoga – 577 401.
3. The Chief Executive Officer, Zilla Panchayat Shimoga, Shimoga – 577 201.
4. The Executive Officer, Hosanagar Taluk Panchayat, Hosanagar, Shimoga District – 577 418.
5. Karimane Grama Panchayat, Karimane, Nilskal P.O., Hosanagar Tq., Shimoga District – 577 425, Represented by its Panchayat Development Officer.
6. Suresh N.Y., S/o Yellappa Gowda, Aged 44 years, Adhyaksha Karimane Gram Panchayat, R/o Nuligere Village, Nagara (P.O.), Hosanagar (Tq), Shimoga District – 577 425. … Respondents (By Sri M.A. Subramani, HCGP for R-1 and R-2; Sri B.S. Prasad, Advocate for R-3 and R-5;
R-4 and R-6 are served) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned letter Annexure-D dated 29.12.2017 and the endorsement containing therein dated 16.1.2018 made by the respondent No.6 and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
ORDER This petition has been filed seeking quashing of the letter at Annexure-F dated 29.12.2017 and the endorsement dated 16.1.2018. The resignation that was said to have been addressed though the President of Gram Panchayat is a subject-matter of the present adjudication.
2. However, learned counsel for the respondents state that the resignation though had been accepted, at a subsequent point of time, the same member has been re-elected in the elections held to fill up the vacancy caused by her resignation.
3. In view of petitioner’s re-election as member of Gram Panchayat, the challenge to the letter at Annexure-F dated 29.12.2017 and the endorsement dated 16.1.2018 does not survive for consideration.
Accordingly, the petition is dismissed as having become infructuous.
Sd/- JUDGE VGR