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IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH, AT DHARWAD
DATED THIS THE 28 TH DAY OF MARCH 2013
BEFORE
THE HON’BLE MR.JUSTICE DILIP B. BHOSALE
WRIT PETITION No. 76167/2013 (LB-RES)
BETWEEN:
KALPANA SHANGAVE, W/O VIKAS SHANGAVE, AGE: 40 YEARS, OCC: MEMBER GRAM PANCHAYAT, AP: APPACHIWADI, TQ: CHIKODI, DIST: BELGAUM. ... PETITIONER
(BY SRI SUNIL S. DESAI, ADVOCATE FOR M/S. GOULAY ASSOCIATES)
AND :
1. STATE OF KARNATAKA, BY ITS SECRETARY, PANCHAYAT RAJ & RURAL DEVELOPMENT DEPARTMENT M.S.BUILDING, DR. B.R. AMBEDKAR ROAD, BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER, D.C.COMPOUND, BELGAUM.
3. THE ASSISTANT COMMISSIONER, CHIKODI, TQ: CHIKODI, 2
DIST: BELGAUM.
4. THE TAHSILDAR, CHIKODI, TQ: CHIKODI, DIST: BELGAUM.
5. THE SECRETARY, APPACHIWADI GRAMA PANCHAYAT, TQ: CHIKODI, DIST: BELGAUM.
6. THE TALUKA SOCIAL WELFARE OFFICER, RETURNING OFFICER, SOCIAL WELFAR DEPARTMENT CHIKODI, DIST: BELGAUM. ... RESPONDENTS
(BY SMT. K. VIDYAVATHI, A.G.A. FOR R1 TO R4 & R6; R5 – SERVICE AWAITED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS 2 TO 6 TO CONDUCT ELECTIONS TO THE POST OF ADHYAKSHA FOR APPACHIWADI GRAM PANCHAYAT AND CONSIDER THE PETITIONER’S REPRESENTATION DTD.26.11.2012 TO THE SAID POST AS PER ANNEXURE-G.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
PC :
Heard learned counsel for the petitioner.
2. Having regard to the peculiar nature of the prayer made in the writ petition {clause (a)}, I am allowing the 3
petitioner to withdraw this writ petition with liberty to make an application before the Deputy Commissioner for conducting election of the President of Appachiwadi Gram Panchayat under Section 5 r/w. section 44 of the Karnataka Panchayat
Raj Act, 1993.
3. Petition is disposed of as withdrawn with liberty as prayed. If the petitioner makes any representation with a prayer as aforementioned, the Deputy Commissioner or any other concerned authority shall take appropriate decision at the earliest and in any case within a period of 12 weeks’ from the date of making such application.
Sd/ JUDGE hnm/-