The petitioner, a social activist, challenged an endorsement initiating disciplinary proceedings against an elected member of a Gram Panchayath under Articles 226 and 227 of the Constitution. The court held that the writ petition could not be sustained unless the petitioner asserted a personal right and infringement thereof.
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NC: 2024:KHC:47152 WP No. 8711 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8711 OF 2022 (LB-RES)
BETWEEN:
PRASANNA KUMAR B S/O BALACHANDRAPPA AGED 46 YEARS, KUNDUR VILLAGE, HONNALI TALUK DAVANAGERE DISTRICT-577 219.
…PETITIONER
(BY SRI. KETHAN KUMAR., ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:47152 WP No. 8711 of 2022
…RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R1; SRI. J.M.ANIL KUMAR, , ADVOCATE FOR R2 AND R4; SRI. S.H.RAGHAVENDRA, ADVOCATE FOR R5; SMT. VAISHALI HEGDE, ADVOCATE FOR R6 R3 SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD 23.02.2022 ISSUED BY THE R-3 VIDE ANNX-A; DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION DTD 23.12.2021 SUBMITTED BY THE PETITIONER FOR INITIATION OF ACTION AGIANST THE ELECTED MEMBERS OF GANGANAKOTE GRAM PANCHAYAT UNDER SECTION 43 A, 48(4) AND 48(5) OF THE KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993 VIDE ANNX-B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:47152 WP No. 8711 of 2022
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner is a resident of Kundur Village, Honnali Taluk, Davanagere District, and he identifies himself as a Social Activist who raises voice against corruption. The petitioner has challenged the Endorsement issued by the second respondent on 23.02.2022 [ Annexure-A ] informing the petitioner that disciplinary proceedings are initiated by the Panchayath concerned against the sixth respondent and as the Disciplinary Authority, the Panchayath will have to act under the relevant Service Regulations.
The learned counsels for the parties are heard in the light of these circumstances with the learned counsel for the sixth respondent emphasizing that the petitioner will not have locus to sustain this petition.
NC: 2024:KHC:47152 WP No. 8711 of 2022
This Court must observe that to invoke the jurisdiction of Article 226 of the Constitution of India,
the petitioner must assert a right in himself and infringement of such right and unless these two are established, the petition, unless it is presented as a public interest litigation, cannot be sustained. Hence, the petition must be disposed of on this limited ground while observing that this disposal cannot absolve the sixth respondent or prevent the authorities concerned from taking action in accordance with law.
With the aforesaid observations, the petition stands disposed of accordingly.
Sd/(B M SHYAM PRASAD) JUDGE
RB
2 issues framed by the court
Whether the petitioner has locus standi and a violation of personal right to invoke Article 226 jurisdiction to quash the endorsement initiating disciplinary action.
Whether the petitioner's challenge to the disciplinary proceeding against the sixth respondent can be sustained by the High Court.
Prasan Kumar B/S/o Balachandrappa
The State of Karnataka
The Chief Executive Officer Davanagere Zilla Panchayath
Executive Officer Nyamathi Tauk Panchayath
Panchayath Development Officer Ganganakote Gram Panchayath
President Ganganakote Gram Panchayath
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
