Karnataka High Court
J Bheemanagouda S/O Thipparedy vs The Deputy Commissioner on 14 October, 2025
-1-
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.
-2-
NC: 2025:KHC-D:13856
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:
-3-
NC: 2025:KHC-D:13856
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
NC: 2025:KHC-D:13856
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
NC: 2025:KHC-D:13856
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
NC: 2025:KHC-D:13856
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
NC: 2025:KHC-D:13856
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
