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2023 DIGILAW 1061 (KAR)

Lakshmi W/O Viresh v. State of Karnataka

2023-09-05

E.S.INDIRESH

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ORDER E.S. Indiresh, J. Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioners are assailing the notification dated 29.06.2023 published by the respondent No.3 as per Annexure-B in respect of Jagir Jadaladinni Gram Panchayat for the post of Adhyaksha. 3. This writ petition was heard at length on the last occasion and found that Returning Officer, very negligently without knowing the law pertaining to election particularly issuing the calendar of events and the importance of democratic principle enshrined under the Constitution of India, issued calendar of events dated 25.08.2023 (Annexure-E) stating that Jagir Jadaladinni Gram Panchayat is belonging to Devadurga taluk which is evident from Annexure-E to the writ petition. However, it is stated by the learned counsel appearing for the parties that, Jagir Jadaladinni Gram Panchayat is belonging to Arekere taluk and the returning officer has delegated his power to some other subordinate officer to conduct the electioneering process. 4. I have also noticed from notification dated 29.06.2023 (Annexure-B) wherein the Deputy Commissioner, Raichur district has notified that the post of Adhyaksha is reserved for ST (Woman) and the post of Upadhyaksha is reserved for General of Jagir Jadaladinni Gram Panchayat which comes under Arakera taluk, Raichur district. 5. In that view of the matter, I am of the view that calendar of events dated 25.08.2023 at Annexure-E has been issued by respondent No.4 whimsically in dereliction of duty, which shows negligence on the part of respondent No.4 and the same is liable to be set aside. 6. Accordingly, the writ petition is allowed. The notification issued by respondent No.4 dated 25.08.2023 (Annexure-E) is set aside and the respondent Nos.2 to 4 herein shall issue one more notification notifying the date of election to the post of Adhyaksha and Upadhyaksha under the same category showing that the Jagir Jadaladinni, Gram Panchayat shall come within the purview of Arekere taluk, Raichur district. 7. The notification issued by respondent No.4 dated 25.08.2023 (Annexure-E) is set aside and the respondent Nos.2 to 4 herein shall issue one more notification notifying the date of election to the post of Adhyaksha and Upadhyaksha under the same category showing that the Jagir Jadaladinni, Gram Panchayat shall come within the purview of Arekere taluk, Raichur district. 7. The said exercise shall be done within two days from the date of receipt of copy of this order, since respondent No.4 is not fully aware about the importance of democratic principle, is liable to pay cost of Rs.2,00,000/-(Rupees Two lakhs only) to the office of the Karnataka State Legal Services Authority, Kalaburagi, within one week from today from his pocket and in the event if the same is not paid to the office of the Karnataka State Legal Services Authority, Kalaburagi, the Chief Secretary of Karnataka is directed to take action against respondent No.4 herein. Registry is directed to send the copy of this order to the Member Secretary, Karnataka Legal Services Authority, Bengaluru and to the office of the Chief Secretary of Karnataka, Bengaluru.