Karnataka High Court
J Bheemanagouda S/O Thipparedy vs The Deputy Commissioner on 14 October, 2025
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NC: 2025:KHC-D:13856
WP No. 106749 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 14TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 106749 OF 2025 (LB-ELE)
BETWEEN:
J. BHEEMANAGOUDA S/O THIPPAREDDY,
AGE. 45 YEARS, OCC. AGRICULTURE,
R/O. WARD NO.1, R/O. YARANGALAGI,
TQ. KURAGOD, DIST. BALLARI.
... PETITIONER
(BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
BALLARI, OFFICE OF DEPUTY COMMISSIONER,
BALLARI.
Digitally signed by
CHANDRASHEKAR
LAXMAN
2. THE CHIEF EXECUTIVE OFFICER,
KATTIMANI
CHANDRASHEKAR
LAXMAN Location: HIGH
KATTIMANI COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2025.10.18
07:57:15 +0100
ZILLA PANCHAYATH, BALLARI.
3. THE ASSISTANT COMMISSIONER, BALLARI,
OFFICE OF THE ASSISTANT COMMISSIONER,
BALLARI.
4. THE EXECUTIVE OFFICER,
KURAGOD TALUK PANCHAYATH,
KURAGOD, DIST. BALLARI.
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WP No. 106749 of 2025
HC-KAR
5. THE TAHASILDAR, KURAGOD,
OFFICE OF TAHASILDAR, KURAGOD,
DIST. BALLARI.
6. PANCHAYATH DEVELOPMENT OFFICER,
YARRANGALAGI VILLAGE, PANCHAYATH,
YARRANGALAGI VILLAGE, KURAGOD TALUK,
DIST. BALLARI.
7. THIMMAPPA S/O HAJAMARA VENKATESH,
AGE. 55 YEARS,
OCC. MEMBER OF GRAM PANCHAYATH,
R/O. YARRANGALAGI VILLAGE,
KURAGOD TALUK, DIST. BALLARI.
... RESPONDENTS
(BY SRI. ASHOK T. KATTIMANI, AGA FOR R1, R3 AND R5;
SRI. SHIVARAJ HIREMATH, ADVOCATE FOR R2 AND R4;
SMT. SUNITHA P. KALASOOR, ADVOCATE FOR R7;
NOTICE TO R6 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE,
WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI
BY QUASHING THE ORDER DATED 03-09-2025 BEARING
NO.JaPamBa/Pa.Vi/20/2025-26 VIDE ANNEXURE-K IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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WP No. 106749 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order at Annexure-K dated 03.09.2025 appointing respondent No. 7 as in-charge Adhyaksha of Yarangali Gram Panchayat.
2. The petition is filed on the premise that the election to the office of Adhyaksha was under challenge before this Court in a Writ Petition and the Division Bench of this Court in the Writ Appeal has declared that the election of Adhyaksha is invalid. Parallelly, a proceeding was pending before the competent Civil Court wherein the election of respondent No.7 as Upadhyaksha of aforementioned panchayat was called in question and in the said proceedings, noticing the fact that the Government is going to appoint an Administrator, the Court passed an order of status quo.
3. Learned counsel for the petitioner would assail the order on the premise that the Government being bound by the order of status quo has handed over the charge to -4- NC: 2025:KHC-D:13856 WP No. 106749 of 2025 HC-KAR respondent No.7 to discharge the function of Adhyaksha after the disposal of the Writ Appeal by the Division Bench of this Court.
4. Learned counsel referring to Section 47 of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 would urge that the Deputy Commissioner alone is competent person to hand over the charge of Adhyaksha to Upadhyaksha and the order passed by the Chief Executive Officer of Zilla Panchayat handing over the charge to respondent No.7 is without jurisdiction.
5. Learned counsel appearing for respondent No.7 would contend that under Section 47 of Act of 1993, the moment the office of Adhyaksha becomes vacant, the Upadhyaksha is entitled to assume the charge. It is also her contention that the status quo order passed by the Civil Court was in a different context where the Government made a statement that it is going to appoint an Administrator, as such, the order only prohibited the -5- NC: 2025:KHC-D:13856 WP No. 106749 of 2025 HC-KAR Government from appointing an Administrator. Since the Government has not appointed any Administrator and has acted under Section 47 of Act of 1993, there is no violation of the Court order.
6. This Court has considered the contentions raised at the Bar and perused the records.
7. There is no dispute over the fact that office of Adhyaksha became vacant pursuant to the Division Bench judgment of this Court. Section 47 of Act of 1993 gets triggered the moment the office of Adhyaksha becomes vacant, in that situation if the Upadhyaksha is available, the Updhyaksha has to assume the charge.
8. Learned counsel for the petitioner would contend that the charge was not handed over by the outgoing Adhyaksha whose election was declared to be invalid.
9. Since the Adhyaksha's election was declared to be invalid, there is no question of Upadhyaksha going back -6- NC: 2025:KHC-D:13856 WP No. 106749 of 2025 HC-KAR to the office to complete the formality of handing over the charge.
10. Apart from that, the order of status quo, as already noticed, was passed in a different context in which the Government was prevented from appointing any Administrator. The order of status quo did not come in the way of the Upadhyaksha assuming charge under Section 47 of Act of 1993.
11. Under these circumstances, the impugned order said to have been passed by the Chief Executive Officer of Zilla Panchayath cannot be said to be illegal so as to hold that appointment of respondent No.7 as in-charge Adhyaksha is illegal. Even without the impugned order, respondent No.7 is entitled to assume charge under Section 47 as his election is not yet declared invalid. Hence, the Writ Petition is dismissed.
12. The pending suit shall be decided without reference to any of the observations made in this Writ -7- NC: 2025:KHC-D:13856 WP No. 106749 of 2025 HC-KAR Petition as this Court has not expressed anything on the merits of the election of respondent No.7 which is under challenge.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 24