IN THE HIGH COURT OF KARI"iA'i'AKA
cmcurr BENCH AT DHARWAD 2 ~ "
DATED THIS THE 27% my 01:' NOVEMBER, é "
BEFORE~~
THE I-f0N'BLE MR. .3v;=:*r1c:E
WRIT PE'I'I'I'ION Nd_._:3~1z450--'/ m3(L§:'§~ 1«§i;,g:;
Sm KAMALAVVA, w/o BASA\?AF.;i\DD§ -.
LINGARADDI,A(3§E3OYEARS,.V v'
R/O SHIRASANGI', TQ.
DISTBELGAUiv!.*;_.'
(BY sm
-V ..PE'I'IT}OHER
1. S'I'ATE op' KARN§*::AI¢a¢_J'BY «:13
SECRE'L'ARY TO DEPAR';?MEN'1' oy-
PANCHAEEAT' RAJA, ";_!£D'HAN soumm,
;7;Az»:{m:,T"D1sT. BELGAIRM.
4. Enaiiérléibn OFFICER FOR ELECTION
TO ABHYAKSHA 01? snmnsmex Grwa
V A' ' 'PANCHAYAT AND EXECUTIVE OFFICER, TALUKA
PENCHAYAT,
"3GUDAT'I'I, DIST. BELGAUM.
% SECRETARY, SHIRASANGI emu PANCHAYAT,
SHIRASANGI, TQ. SOUDATTI,
DIS'? BELGAUM.
6. SMT BASAVAEWNEVVA,
W/O BASAPPA ALAGODI,
AGE MAJOR, R/O KALLAPUR,
TQ. SOUDA'I'I'i,D IST. BELGAUM. .. RESPONQENT3
(BY SMT K.VIDYAVA'i'i, HCGP FOR R I TO 3) 1 vv
TI-HS WRIT PE'I'1'I'ION IS FILED UNDER .'-?sH'D
227 or THE conswmmon op' mom PRAYINGTO QIRECT f"R4'=
NOT TO ALLOW THE em Raspommm' 're..Mcam'Es?1' TFIE.. '
ELECTRION OP' ADHYAKSHA SCHEDLIL£1D.'_T€)"'BE" H'§:L:2 'ON .
28113/ZOOSANE) ETC.
THIS Wm' PE'!'ITION courm "cm FR'EL!fi Ifi'A RY..
HEARING THIS DAY, THE COE3'R"I'._ _mADs.«:_'rHE Pc:§1_.LQw:p;c_:: *
--.---....-gnu»-_
o12z3$;__-
The Writ petition
seeking' 431 respondent
not to the elecfion of
held on 23/ 1 1/zoos.
2% of the petifioner is that the 6m
«is elected as Adhyaksha of 51*! respondent
Panchayat. As she did not take up
dtifireitfipmexatal works, the pefit:io.r.m’ and others
rcgoyecifio confidence motion and fllerefom they mve a
of the said motion to the
‘Commissioner. The Awistant Commissioner in turn
fixed a meeting on 14/10/2008 to consider the no-
eonfidcnw motion. Appmmnmm that she would lose
x//..
the post, if the motion is passed, the
resigned from the post. As the post ,
bemme vwnt, new the auflmofifiiies’ >7 A’
conduct election. It is in this L’
has preferred wit petifien ea!
respondent may to
be held. She may and they have
kidnapped me» pefiflonas’ side.
They may; and therefore, the " Writ pefition sermng
aforee ais;¥ of a member to contest the
eleetiog file Penchayat to be held to the post of
_ – _ Ufiedhyakahs cannot be curtailed except
with law. If the 631 respondent has
poet of Adhyaksha has become vacwzt, if
she to contest again, the pet£tiow° cannot
pm~:¢n: her fiom contesting the election. If, as
-eentexzded, they have moved no confidence motion
against her and if they had nequisite majority to get that
motica1pass_edinthaee1ectiontobeheld.tlwycansetup
their candidate and win the election. Instmd ef_
that method, the petitionm” has approached this court
for a writ of mandamus. The petitioner has 119. 1:i§’g_§ ni; to
prevent the 6’31 respondent from contesting.
and under Section 226 and 227mm’ L
India no writ of mandamus
4’31 respondent.
In that View of’ is no merit in this
petition. i is — .. V A V
Kmv