Single judge dismissed a writ petition filed under Articles 226 and 227 of the Constitution of India challenging a notice removing the petitioner from office. The dismissal resulted from non-prosecution due to missing petitioner and lack of representation.
Memo retired by counsel rejected; petition dismissed for non-prosecution.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR.JUSTICE R.NATARAJ
WRIT PETITION NO.23322/2018 (LB RES)
BETWEEN :
SMT.CHOWDAMMA W/O CHITRALINGAPPA AGED ABOUT 38 YEARS ADHYAKSHA/PRESIDENT BISTHUVALLI VILLAGE PANCHAYAT BISTHUVALLI – 577 001 JAGALURU TALUK DAVANAGERE DISTRICT …PETITIONER (BY SRI.H.N.BASAVARAJU, ADVOCATE (ABSENT))
AND:
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…RESPONDENTS
(BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 SRI.N.R.JAGADEESWARA, ADVOCATE FOR R2 & R4 SRI.SPOORTHY HEGDE NAGARAJA, ADVOCATE FOR R5 R3 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 9.4.2018 PASSED BY THE R-1 VIDE ANNEX-K AND ALSO QUASH THE VERY SHOW CAUSE NOTICE DATED 1.7.2017 ISSUED BY R-1 VIDE ANNEX-H.
THIS WRIT PETITION COMING ON FOR HEARINGINTERLOCUTORY APPLICATION THIS DAY THROUGH VIDEO CONFERENCING/ PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:
ORDER
Memo is filed by the learned counsel for the
petitioner to retire from the case. There is no intimation to
the petitioner about retirement of the learned counsel from the case.
2. Hence, the memo is rejected.
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01.07.2017 issued by respondent No.1, removing her from
the post of President of respondent No.5, purportedly under Section 48(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
submitted that the term of the petitioner has expired and therefore, the writ petition has become infructuous.
Accordingly, the petition is dismissed for
non-prosecution.
Sd/JUDGE
GVP
1 issue framed by the court
Whether the writ petition for quash of removal notice and notice can be proceeded with in the absence of the petitioner and without representation.
3 provisions across 2 enactments
Smt. Chowdamma
The State of Karnataka
The Zilla Panchayat Davanagere District
The Taluk Panchayt Jagaluru
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
