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IN THE HIGH COURT OF 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: , DIST: . ... 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 Petition is disposed of as withdrawn with liberty as prayed.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/-