Karnataka High Court
Smt. Huligemma W/O Nagaraj vs The Karnataka State Elelection ... on 18 June, 2025
Author: R.Devdas
Bench: R.Devdas
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WA No. 100570 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO.100570 OF 2023 (LB-RES)
BETWEEN:
SMT. HULIGEMMA W/O. NAGARAJ,
OCC. HOUSEWIFE,
R/A. WARD NO.1 VADDATTI VILLAGE,
KURAGOD TALUKA, DIST. BALLARI.
...APPELLANT
(BY SRI. CHANDRAKANTH GOULAY AND
SRI. SUNIL S.DESAI, ADVOCATES)
AND:
1. THE KARNATAKA STATE ELECTION COMMISSION,
REP. BY ITS COMMISSIONER,
2ND AND 3RD FLOOR, NO.16 BALLARI ROAD,
SADASHIVA NAGAR, BENGALURU-560080.
2. THE DEPUTY COMMISSIONER,
OFFICE OF DEPUTY COMMISSIONER,
Digitally signed by BALLARI-583101.
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH 3. THE ASSISTANT COMMISSIONER,
COURT OF
KARNATAKA OFFICE OF THE ASSISTANT COMMISSIONER,
BALLARI-583101.
4. THE EXECUTIVE OFFICER,
KURAGOD TALUK PANCHAYATH
KURAGOD, DISTRICT: BALLARI-583101.
5. THE TAHASILDAR, KURAGOD
OFFICE OF TAHASILDAR,
KURAGOD, DIST. BALLARI-583101.
6. PANCHAYATH DEVELOPMENT OFFICER,
YARRANGALAGI VILLAGE PANCHAYATH,
YARRANGALAGI VILLAGE, KURAGOD TALUK,
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WA No. 100570 of 2023
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DIST. BALLARI-583101.
7. LAXMI W/O. GADALINGAPPA K.,
OCC. MEMBER, GRAM PANCHAYATH,
R/O. WARD NO.3, VADAGATTI VILLAGE,
POST VADAGATTI, TQ. KURAGOD,
DISTRICT. BALLARI-583101.
8. C. PANDURANGA REDDY
S/O. C. SANNA THIMAA REDDY,
OCC. MEMBER, GRAM PANCHAYATH,
R/O. WARD NO.2, VADAGATTI VILLAGE,
POST VADAGATTI, TQ. KURAGOD,
DISTRICT. BALLARI-583101.
9. HULIGEMMA W/O. MALLAYYA,
OCC. MEMBER, GRAM PANCHAYATH,
R/O. WARD NO.1, VADAGATTI VILLAGE,
POST VADAGATTI, TQ. KURAGOD,
DISTRICT. BALLARI-583101.
10. HULIGEMMA W/O. KOLATAD HANUMANT,
OCC. MEMBER, GRAM PANCHAYATH,
R/O. YARANGALAGI, TQ. KURAGOD,
DISTRICT. BALLARI-583101.
11. J. BHEEMANAGOUDA S/O. THIPPAREDDY,
OCC. MEMBER, GRAM PANCHAYATH,
R/O. WARD.1, YARANGALAGI,
TQ. KURAGOD, DIST. BALLARI-583101.
...RESPONDENTS
(BY SRI. SHIVARAJ BELLAKKI, ADVOCATE FOR R1;
SRI. T.HANUMAREDDY, ADDL. GOVT. ADV. FOR R2, R3 AND R5;
SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R4 AND R6;
SRI. M.S. HALLIKERI, ADVOCATE FOR C/R11;
NOTICE TO R7 TO R10 ARE SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE
ORDER OF THE LEARNED SINGLE JUDGE MADE IN WP
NO.104646/2023 DATED 04.09.2023 AND TO DISMISS THE WRIT
PETITION WITH COSTS AND TO PASS APPROPRIATE SUITABLE
ORDERS IN THE INTEREST OF JUSTICE AND EQUITY; QUASHING THE
ORDER BEARING NO.KAM.CHUNAVANI18.2023-204 DATED
ND
19.09.2023 ISSUED BY THE 2 RESPONDENT AS ARBITRARY
ILLEGAL AND NOT MAINTAINABLE IN LAW AND ETC.
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WA No. 100570 of 2023
HC-KAR
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
This intra-Court writ appeal has been filed by the
appellant who was respondent No.7 before the learned Single
Judge, aggrieved of the impugned order whereby the writ
petition filed by respondents No.8 to 11 herein was allowed by
the learned Single Judge.
2. Respondents No.7 to 11 herein, being Members of
the Gram Panchayat filed the writ petition under Article 226 of
the Constitution of India seeking a writ of quo warranto,
questioning the authority of respondent No.7 to continue as a
Member of the Gram Panchayat, since the 7th respondent had
tendered her resignation on 15.05.2023 and after the expiry of
15 days from the date of tendering of the resignation, the 7th
respondent ceased to be a Member of the Gram Panchayat.
3. However before the learned Single Judge,
respondent No.7 contended that the resignation given by her
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was never approved in the next meeting of the Gram Panchayat
which took place on 30.05.2023. The learned Single Judge
proceeded while referring to Section 43 of the Karnataka Gram
Swaraj and Panchayat Raj Act, 1993 ('Act' for short) and held
that the said provision makes it clear that a member may
tender his/her resignation in writing addressed to the
Adhyaksha. It was held that the provision contemplates that
the seat will become vacant on expiry of 15 days from the date
of such resignation, unless he/she withdraws the resignation
letter within 15 days. It was held that no material was placed
by respondent No.7 before the Court to indicate that she had
withdrawn her resignation by addressing a letter to the
Adhyaksha of the Gram Panchayat.
4. Along with the writ appeal, the appellant filed an
application under Order 41 Rule 27 read with Section 151 of
the CPC seeking leave to produce additional document in
support of the case of the appellant. Along with the application,
the appellant has filed the original of letter dated 26.05.2023
written by the appellant herein, addressed to the Adhyaksha of
the Gram Panchayat and while pointing out to the said
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document, learned counsel for the appellant submitted that the
appellant herein tendered the said letter to the Adhyaksha of
the Gram Panchayat on 26.05.2023 and it contains seal and
signature of the Adhyaksha of the Gram Panchayat and it is
clear that the same was acknowledged by the Adhyaksha on
26.05.2023. With this, the learned counsel for the appellant
would submit that in terms of the provision, the appellant had
tendered a letter withdrawing her resignation within the
stipulated period of 15 days.
5. However learned counsel for one of the writ
petitioner, who is respondent No.11 would draw the attention
of this Court to copy of the application filed under Section 151
of CPC read with Article 226 and 227 of the Constitution of
India, filed by respondent No.7 before the learned Single Judge
for vacating the interim order. Learned counsel submits that
the application was filed on 09.08.2023 while clearly stating
that respondent No.1 had never tendered the resignation and
Annexure-B, the alleged resignation letter is a forged one as
the signature on the said resignation letter does not belong to
respondent No.7 and the same was denied by respondent No.7.
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It is further pointed out that although the application was filed
on 09.08.2023, no such statement was made in the application
by the appellant herein that she had tendered a letter dated
26.05.2023 before the Adhyaksha of the Gram Panchayat and
for the first time, the said letter is sought to be produced
before this Court although no such averment was ever made by
the appellant herein before the learned Single Judge or in the
written application filed by the appellant herein seeking to
vacate the interim order. The learned counsel would therefore
submit that the said document sought to be brought before this
Court as additional document is nothing but an afterthought
and a bogus document.
6. Having heard the learned counsel for the appellant,
learned counsel for the contesting respondent No.11 and the
learned Addl. Government Advocate and on perusing the appeal
memo, this Court is of the considered opinion that the
additional document sought to be produced before this Court
cannot be accepted in the light of the facts narrated
hereinabove. The appellant herein has taken a clear stand that
she never tendered the resignation. If that was the stand taken
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by the appellant herein before the learned Single Judge and in
terms of the statements made in the application for vacating
the interim order, then it would be difficult to accept the factum
of the appellant tendering a letter subsequently on 26.05.2023
to withdraw the letter of resignation. The two facts cannot go
hand-in-hand. If one statement is accepted, then the other
would become logically unacceptable.
7. In that view of the matter, and having regarding to
the provisions contained in Section 43 of the Act, unless and
until the resignation given by a Member of the Gram Panchayat
is withdrawn in writing addressed to the Adhyaksha of the
Gram Panchayat, within 15 days from the date of tendering of
the resignation, the resignation is deemed to have been
accepted and on the expiry of 15 days, the member is deemed
to have vacated the seat of the membership of the Gram
Panchayat. Having regard to the mutually destructive
statements being made by the appellant in writing before the
learned Single Judge, that the appellant never tendered the
resignation and the document of resignation is a forged
document and now taking a stand that the appellant withdrew
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the resignation on 26.05.2023 by writing a letter to the
Adhyaksha of the Gram Panchayat, this Court is of the
considered opinion that there is no merit in this writ appeal.
8. Accordingly, the writ appeal stands dismissed.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(K V ARAVIND)
JUDGE
CLK
CT: UMD
