This writ petition challenged a no-confidence resolution against the Adhyaksha of a Gram Panchayat. The court dismissed the petition as infructuous since the term of the Gram Panchayat had already expired.
No relief granted; writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 107167 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 09TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS WRIT PETITION NO. 107167 OF 2019 (LB-RES)
BETWEEN:
Digitally
signed by
VINAYAKA
B V
VINAYAKA Location:
B V Dharwad
Date:
2022.06.10
10:04:12
+0530
(BY SRI. B S KAMATE.,ADVOCATE)
AND:
…PETITIONER
WP No. 107167 of 2019
WP No. 107167 of 2019
WP No. 107167 of 2019
AGE:39 YEARS, OCC:MEMBER OF MACHHE G P, R/O.ANAND GALLI MACHHE, TQ:BELAGAVI, DIST:BELAGAVI-590001
AGE:39 YEARS, OCC:MEMBER OF MACHHE G P, R/O.TIPPU SULATHAN NAGAR MACHHE, TQ:BELAGAVI, DIST:BELAGAVI-590001
WP No. 107167 of 2019
AGE:37 YEARS, OCC:MEMBER OF MACHHE G P, R/O.MAHADEV GALLI MACHHE, TQ:BELAGAVI, DIST:BELAGAVI-590001
TQ:BELAGAVI, DIST:BELAGAVI-590001
AGE:33 YEARS, OCC:MEMBER OF MACHHE G P, R/O.SHIVAJI NAGAR MACHHE, TQ:BELAGAVI, DIST:BELAGAVI-590001
WP No. 107167 of 2019
AGE:36 YEARS, OCC:MEMBER OF MACHHE G P, R/O.SWAMI NAGAR MACHHE, TQ:BELAGAVI, DIST:BELAGAVI-590001
…RESPONDENTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA FOR R1, SRI.SHIVAKUMAR S.BADAWADAGI, ADV. FOR R5 TO R39, R2 TO R4 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMUPGNED NO CONFIDENCE MOTION PROCEEDINGS AND THE RESULTS/RESOLUTION DATED 28.02.2019 CONDUCTED BY THE 1ST RESPONDENT/ASSISTANT COMMISSIONER VIDE ANNEXURE-K.
WP No. 107167 of 2019
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned counsel for the petitioner submits that the petitioner herein who was elected as Adhyaksha of Machhe Gram Panchayat on 13.07.2015 is aggrieved of the resolution passed by the Members of the Gram Panchayat on 28.02.2019 expressing no confidence against the petitioner.
Learned counsel submits that the term of the Gram Panchayat itself has expired and consequently the prayer made in the writ petition challenging the resolution dated 28.02.2019 does not survive for consideration.
Placing the submission of the learned counsel for the petitioner on record, the writ petition stands dismissed as the prayer made in the writ petition has become infructuous.
SD JUDGE
MBS/-
1 issue framed by the court
Whether the writ petition challenging a no-confidence motion survives when the term of the Gram Panchayat has expired.
1 provisions across 1 enactments
SMT.PADMASHREE W/O. MAHAVEER HUDED
THE ASSISTANT COMMISSIONER BELAGAVI SUB-DIVISION
THE GRAM PANCHAYAT MACHHE
SRI.ASAD S/O. SAUKATHSAB HUJADAR
SRI.SHANKAR MASAPPA TALAWAR
SMT.SANJEEVINI SANJAY SULAGEKAR
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
