Dismissed as infructuous; constitutional challenge to Section 179(1), Karnataka Gram Swaraj and Panchayat Raj Act, 1993; voluntariness of resignation dated 19.07.2018 of Adyaksha, Bengaluru Rural Zilla Panchayat (R4, V. Prasad); Article 226; HC-KAR; WRIT PETITION NO. 33623 OF 2018 (LB-RES); NC: 2026:KHC:148; Suraj Govindaraj J.
NC: 2026:KHC:148 WP No. 33623 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33623 OF 2018 (LB-RES)
BETWEEN:
BENGALURU RURAL DISTRICT - 562 110
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
BENGALURU RURAL DISTRICT-561203
HC-KAR
NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562132
…PETITIONERS
(BY SRI. BELLE R., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. CHANDINI SINGH, HCGP FOR R1 AND R2 SRI. M.S. DEVARAJU, ADVOCATE FOR R3 SRI. T. NARAYANASWAMY, ADVOCATE FOR R4)
HC-KAR
THIS WP FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN SUBSECTION (1) OF SECTION 179 OF THE KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993 AS ILLEGAL VOID AND UNCONSTITUTIONAL AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
following reliefs:
"WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court be pleased to:
(i) Issue a writ, order or direction in the nature of mandamus to strike down Sub-Section (1) of Section 179 of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993 as illegal void and unconstitutional.
(ii) Issue a writ, order or appropriate direction prohibiting the respondents 1 to 3 from acting upon the coerced resignation letter dated 19.07.2018 (Annexure A) in the interest of justice and equity.
(iii) Issue a writ, order or direction declaring that the resignation of the 4th respondent dated 19.07.2018 (Annexure A) as illegal, void and inoperative and is not tendered voluntarily and therefore ultravires Section 179(1) of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
NC: 2026:KHC:148 WP No. 33623 of 2018
HC-KAR
(iv) Pass any other order as this Hon'ble Court deems fit to in the facts and circumstances of the case in the interest of justice and equity."
petition rendered infructuous.
SD/(SURAJ GOVINDARAJ) JUDGE
BSV CT-SG List No.: 1 Sl No.: 31
2 issues framed by the court
Whether Sub-Section (1) of Section 179 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 is illegal, void and unconstitutional.¶33
Whether the resignation dated 19.07.2018 (Annexure-A) of the 4th respondent, Adyaksha of Bengaluru Rural Zilla Panchayat, was coerced and not tendered voluntarily, rendering it illegal, void and inoperative under Section 179(1).¶42
4 provisions across 2 enactments
Suraj Govindarajauthor¶35
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
