Karnataka High Court
Savatri vs The State Of Karnataka And Ors on 21 January, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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WA No.200015 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO.200015 OF 2025 (LB-ELE)
BETWEEN:
SMT. SAVATRI
W/O DAYANAND KATTIMANI,
AGED ABOUT: 39 YEARS,
OCC: PRESIDENT,
GRAM PANCHAYATH V K SALAGAR
R/O:V.K. SALAGAR, TQ: KAMALAPUR,
DIST: KALABURAGI - 585 316.
...APPELLANT
(BY SRI R.S.KADGANCHI, ADVOCATE)
Digitally signed
by SWETA AND:
KULKARNI
Location: HIGH 1. THE STATE OF KARNATAKA
COURT OF BY ITS SECRETARY
KARNATAKA
DEPARTMENT OF PANCHAYAT RAJ AND
RURAL DEVELOPMENT,
M.S BUILDING BENGALOORU - 560 001.
2. THE DEPUTY COMMISSIONER
KALABURGI - 585 101.
3. THE ASSISTANT COMMISSIONER
KALABURGI - 585 102.
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WA No.200015 of 2025
4. THE EXECUTIVE OFFICER
TALUKA PANCHAYAT, KALABURGI - 585 102.
5. GRAM PANCHAYAT, V.K. SALAGAR,
REPRESENTED BY ITS
PANCHAYAT DEVELOPMENT OFFICER
TQ: KAMALAPUR & DIST: KALABURGI - 585 313.
6. SMT. SUKSHATA
S/O RAVI
AGED ABOUT: 30 YEARS,
OCC: MEMBER, GRAM PANCHYATH,
V.K.SALAGAR.
7. SMT. KUSTURBAI
W/O SHANTVEER
AGED ABOUT: 57 YEARS,
OCC: MEMBER, GRAM PANCHYATH,
V.K. SALAGAR VILLAGE.
8. SRI MAINABAI
W/O VASANT
AGED ABOUT: 52 YEARS,
OCC: MEMBER, GRAM PANCHYATH,
V.K. SALAGAR VILLAGE.
9. SRI NEELKANT
S/O SHIVANNA
AGED ABOUT: 38 YEARS,
OCC: MEMBER, GRAM PANCHYATH,
V.K. SALAGAR VILLAGE.
10. SMT. SHIVANAND
S/O MURAGEAPPA
AGED ABOUT: 59 YEARS,
OCC: MEMBER, GRAM PANCHYATH,
V.K. SALAGAR VILLAGE.
11. SMT. SHIVAMMA
W/O SURYAKANTH
AGED ABOUT: 49 YEARS,
OCC: MEMBER, GRAM PANCHYATH,
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WA No.200015 of 2025
V.K. SALAGAR VILLAGE.
12. SMT. SAVITA
W/O GANAPATHI
AGED ABOUT: 58 YEARS,
OCC: MEMBER, GRAM PANCHYATH,
V.K. SALAGAR VILLAGE.
13. SRI SUSHALIBAI
W/O HONNANAIK
AGED ABOUT : 67 YEARS,
OCC: MEMBER, GRAM PANCHYATH,
V.K. SALAGAR VILLAGE.
14. SMT. AKSHARBAI
W/O AEMAJI
AGED ABOUT: 58 YEARS,
OCC: MEMBER, GRAM PANCHYATH
& VICE PRESIDENT OF
V.K. SALAGAR VILLAGE.
RESPONDENT NO.6 TO 14
ALL R/O:V.K. SALAGAR VILLAGE,
TQ: KAMALAPUR,
DIST: KALABURGI - 585 316.
...RESPONDENTS
(BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R4;
SRI PREETAM DEULGAONKAR, ADVOCATE FOR R6 TO R14)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
ABOVE WRIT APPEAL AND SET ASIDE THE FINAL ORDER IN
WRIT PETITION NO.200131 OF 2025 DATED 17.01.2025
PASSED BY LEARNED SINGLE JUDGE, FOR THE REASONS AND
GROUNDS MENTIONED HEREIN ABOVE AND IN THE INTEREST
OF JUSTICE AND EQUITY.
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WA No.200015 of 2025
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
The present appeal has been filed by the President of
the Gram Panchayat calling in question correctness of the
order of the learned Single Judge in W.P.No.200131/2025
wherein the learned Single Judge has rejected the petition
upholding the proceedings initiated for moving the motion
of no confidence.
2. Counsel for the appellant Sri R.S. Kadaganchi
has raised various contentions and draws the attention to
the complaint at Annexure-B and submits that allegations
are contained in the said complaint and that if the
proceedings are permitted to go ahead with such
complaint with allegations, though it is contended by the
other side that what is being considered is only a motion
of no confidence simplicitor, in effect it would be a
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stigmatic no confidence motion passed against the
President of the Gram Panchayat.
3. Such aspect is the matter that requires
consideration.
4. However, the pendency of the present appeal
and its disposal would take time and such aspect is taken
note of by counsel for the respondents. They submit that
they would not press for adjudication of the present
appeal. The counsel for the respondents files a memo.
Memo reads as hereunder:
"The counsel for the respondents 6 to 14 hereby
humbly submits that the Hon'ble Court may kindly
give the liberty to the concerned respondents/
members of the Gram Panchayat V.K. Salgar, Dist.
Kalaburagi, to move a fresh no confidence motion in
accordance with the provisions of law.
The Hon'ble Court may kindly accept the same, in
the interest of justice and equity."
5. In light of the same, the present writ appeal is
disposed of as not calling for adjudication, while liberty is
kept open for the members to initiate fresh proceedings in
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terms of Section 49(1) of the Karnataka Gram Swaraj and
Panchayat Raj Act, 1993. All contentions are kept open.
In light of the stand of the respondents, the notice at
Annexure-A dated 30.12.2024 is set aside.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
SWK
CT-VK
