Karnataka High Court
Ramesh Vittal Jagatap And Ors vs The State Of Karnataka & Anr on 6 August, 2020
Author: Nataraj Rangaswamy
Bench: Nataraj Rangaswamy
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF AUGUST, 2020
BEFORE
THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY
WRIT PETITION NOS.225901/2020
& 225937-225966/2020 (LB-RES)
Between:
1. Ramesh Vittal Jagatap
Age: 43 Years, Occ: Agriculture &
President of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
2. Smt. Parvati Ningappa Babaladi
Age: 41 Years, Occ: Agriculture &
Vice-President of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
3. Suresh Kallanagouda Biradar
Age: 59 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
4. Subash Babugouda Shivgound
Age: 39 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
5. Smt. Sushma Sudhindra Jyoshi
Age: 43 Years, Occ: Agriculture &
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Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
6. Jakkappa Lakkappa Poojari
Age: 45 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
7. Smt. Shashikala G. Talasadar
Age: 37 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
8. Smt. Jashmin Minuddin Shanvale
Age: 28 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
9. Smt. Paraveenbanu Sadhik Shanavale
Age: 27 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
10. Smt. Jayashri Dharmanna Dhodamani
Age: 43 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
11. Irphan Rajesab Shanvale
Age: 43 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
12. Rajesab Husensab Mullala
Age: 38 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
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13. Smt. Yallavva Kallappa Salagal
Age: 51 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
14. Manjunath Revansidda Nadagaddi
Age: 28 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
15. Suresh Nagappa Gacchinamani
Age: 40 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
16. Smt. Gurubayi Yallappa Natikar
Age: 45 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dis t. Vijayapura - 586108
17. Smt. Laxmibayi Vittal Mane
Age: 59 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
18. Subhas Kashinath Jadhav
Age: 33 Years, Occ: Agriculture
& Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
19. Manshing Tukatama Lamani
Age: 39 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
20. Smt. Laxmibayi Siddappa Valikar
Age: 59 Years, Occ: Agriculture &
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Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
21. Smt. Vijayalaxmi B. Gayakwad
Age: 40 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
22. Shabbir Babusab Bhagwan
Age: 47 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
23. Smt. Chavalabayi Chandu Rathod
Age: 35 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
24. Smt. Ghomalabayi Desu Rathod
Age: 30 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
25. Parasuram Ammanna Sonnad
Age: 58 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
26. Nagesh Bhimu Rathod
Age: 45 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
27. Smt. Gurubayi Rayappa Soudi
Age: 51 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
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28. Smt. Tarabayi Umarsing Pawar
Age: 50 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
29. Irappa Mallappa Rathod
Age: 40 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
30. Bhoju Ramachandra Rathod
Age: 42 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
31. Smt. Anita Valu Rathod
Age: 38 Years, Occ: Agriculture &
Member of Toravi Gram Panchayat
R/o: Toravi, Tq. & Dist. Vijayapura - 586108
... Petitioners
(By Sri Shivashankar H. Manur, Advocate)
And:
1. The state of Karnataka
By its Chief Secretary
Department of Gram Panchayat
M. S. Building, Bengaluru - 560001
2. The Deputy Commissioner
Office of Deputy Commissioner
Vijayapura - 586101
... Respondents
(By Sri Shivakumar R. Tengli, AGA)
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These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India praying to, issue a writ in
the nature of mandamus or any other suitable writ
directing the State Government to continue the existing
Gram Panchayat Committee, Torvi, Tq. Tikota,
Dist. Vijayapuar till the completion of the ensuing election
to be held after November 2020 for the period from 2020-
21 to 2024-25.
These petitions coming on for preliminary hearing
this day, the Court made the following:-
ORDER
Sri Shivakumar R. Tengli, learned Additional Government Advocate is permitted to file memo of appearance.
2. In these writ petitions, the petitioners being the elected members of Toravi Gram Panchayat for a term of five years commencing from 29.06.2015 and ending on 28.06.2020, have sought for a writ in the nature of mandamus directing the State Government to continue the existing Gram Panchayat Committee, Toravi till the 7 completion of the ensuing election to be held after November 2020 for the period from 2020-21 to 2024-25. The claim of the petitioners is that though the term of the present committee came to an end on 28.06.2020, yet the respondents have not conducted the election as stipulated under Clause (3) (a) of Article 243-E of the Constitution of India.
3. It is therefore, contended that the petitioners who are respectable members of the Panchayat have undertaken enormous development works in the Panchayat area and due to present pandemic situation, all the development activities have come to a stand still. Therefore, they contended that the present committee should be continued until the elections are held.
4. The term of the present committee came to an end on 28.06.2020. The petitioners were unable to point out that they possessed any statutory right to continue in the office, notwithstanding the expiry of their term. It may be that due to present pandemic, all the development 8 activities have reached a grinding halt, but then, this Court cannot resuscitate the committee or empower the petitioners to continue as members of the committee of the Toravi Gram Panchayat. As a matter of fact, in view of the COVID-19 pandemic, as elections could not be held, the respondents had appointed Administrators to the Panchayats where the term of the committee had expired. The petitioners were unable to point out whether the Administrator was appointed in respect of Toravi Gram Panchayat. In that view of the matter, these writ petitions lack merit and the same are dismissed.
Sd/-
JUDGE RSP