SMT SHIVAMMA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
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WP No. 16514 of 2026
CNR: KAHC010361392026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 16514 OF 2026 (LB-RES)
BETWEEN:
SMT SHIVAMMA
W/O. M SIDDARAJU,
AGED ABOUT 50 YEARS,
R/O. DODDA KAVALANDE VILLAGE AND POST,
DODDA KAVALANDE HOBLI,
NANJANGUD TALUK,
MYSORE DISTRICT - 571312.
…PETITIONER
(BY SRI. P MAHESHA., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY THE SECRETARY,
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ,
MS BUILDING,
BANGALORE560 001.
2. THE PRESIDING OFFICER
(GRAM PANCHAY DEPARTMENT OF RURAL
DEVELOPMENT AND PANCHAYATH RAJ,
MS BUILDING, BANGALORE 560 001.
Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA
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3. THE REGIONAL COMMISSIONER
OFFICE OF THE REGIONAL COMMISSIONER,
MYSORE DIVISION,
OPPOSITE KALAMANDIR,
VINOBHA ROAD,
MYSORE 570020.
4. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYATH,
MYSURU DISTRICT,
PANCHAYATH RAJ BUILDING
MYSURU - 570 004.
5. THE PANCHAYATH DEVELOPMENT OFFICER,
DODDA KAVALANDE VILLAGE,
NANJANGUD TALUK,
MYSURU DISTRICT - 571 312.
…RESPONDENTS
(BY SMT.PRATHIMA HONNAPUR., AAG FOR
SMT. CHANDINI S., HCGP FOR R1 TO R3;
SRI. M.N. PAWAN KUMAR., ADVOCATE FOR R4 & R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO I.
QUASHING THE IMPUGNED ORDER BEARING NO. RDPR
539 GPA 2025 BENGALURU DATED 25.02.2026 PASSED
BY THE RESPONDENT NO. 2 THE PRESIDING OFFICER,
DEPARTMENT OF RURAL DEVELOPMENT AND
PANCHAYATH RAJ VIDE ANNEXURE E.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner was the President of Dodda
Kavalande Grama Panchayath [ the Grama Panchayat ]
between 01.04.2018 and 03.07.2020 and thereafter
another person is elected as the President, the Grama
Panchayat . The petitioner and this other person are
issued with Show Cause Notice dated 07.02.2025.
This Notice, which is addressed both to the petitioner
and the other person, just reads that they have
diverted funds allotted to the Grama Panchayat and
therefore action is proposed under Section 43A of the
Karnataka Gram Swaraj and Panchayat Raj Act,
1993 [for short, ‘ the Act’ ].
2. This Notice does not contain any other
details. The proceedings for the petitioner's removal
from the membership, which is commenced with the
Show Cause Notice dated 07.02.2025, has resulted in
the second respondent’s impugned order dated
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25.02.2026. The petitioner and other removed, and
they are disqualified from contesting the next
election. Mr. P. Mahesha, the learned counsel for the
petitioner, submits the following.
[A] This Court must intervene with the second
respondent’s impugned order because the
petitioner was not put on notice of the specific
charge at the first instance.
[B] The enquiry conducted by the third respondent
does not extend an adequate opportunity to the
petitioner.
[C] The second respondent's conclusion does not
subscribe any particular misdemeanor by the
petitioner.
3. Ms. Prathima Honnapur, a learned
Additional Advocate General for the first to third
respondents, with the assistance of the original
records which is also made over for this Court’s
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perusal, submits that this Court must consider
whether there is any interference with the second
respondent's impugned order in the light of the
procedure that is followed and the fact that the
petitioner does not deny transfer and diversion of
funds but only alleges that if at all any person is
responsible, it is the office of the Grama Panchayat.
4. On the procedure followed and the
opportunity that is extended to the petitioner,
Ms.Prathima Honnapur submits that:
[i] after the issuance of first Show Cause
Notice dated 07.02.2025 the petitioner
has, on her request, been furnished
with all the documents which is
acknowledged by her and the
petitioner, relying upon the documents
furnished, has filed her reply on
06.06.2025;
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[ii] the State Government has appointed
the third respondent as the authorized
officer to hold enquiry as contemplated
under Section 43A of the Act;
[iii] the third respondent has issued notice
of enquiry, and this enquiry is held on
20.06.2025 in which the other person
who succeeded the petitioner, the Chief
Executive Officer, Mysuru Zilla
Panchayath and the Executive Officer of
the Taluka Panchayath have
participated;
[iv] the second respondent has filed a
report opining that the petitioner is a
party to diversion of about
Rs.12,38,790/- out of Rs.26,45,000/-;
5. Ms. Prathima Honnapur canvasses that,
after the receipt report, the petitioner is issued with
the second Show Cause Notice on 28.07.2025
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[ Annexure-A ] with the petitioner filing her reply on
19.08.2025, and the second respondent, considering
all the documents, including the petitioner's response
and the third respondent's recommendation, has
arrived at a definite opinion that the petitioner and
the other are guilty of diversion of funds and
therefore there must be disqualification as
contemplated under Section 43A(2) of the Act. The
learned Additional Advocate General emphasizes that
with this procedure, the petitioner, who only denies
knowledge but does not deny the diversion of funds,
cannot make any grievance with the procedure
followed and that three important ingredients viz.
notice of allegations, an opportunity of being heard
and passing a reasoned order are satisfied.
6. In response, Sri. P. Mahesha relies upon a
Division Bench’s judgment of this Court in Bhavani
and Another v State of Karnataka, Represented by
Secretary Department of Rural Development and
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1
Panchayat Raj and Others to assert that an enquiry
as contemplated under Section 43A of the Act cannot
be superfluous and must truly extend an opportunity
of being heard given the consequences of
disqualification. The learned counsel relies upon
paragraph 21 of the Division Bench’s judgment which
reads as under:
“Be that as it may. When the law provides
a thing to be done in a particular manner,
the authorities shall perform the act in that
manner only The use of the word ‘enquiry’
is not superfluous. It has been used
conjunctively with the phrase ‘opportunity
of being heard’. If the word and the phrase
are juxtaposed with sub Section (2) which
mandates a penal consequence of
curtailment of statutory rights vested in
the citizen, what is envisaged by the
provision cannot be treated as a summary
enquiry by the competent authority and an
enquiry and opportunity of hearing are
mandatory in the light of the fact that a
1
2020 SCC OnLine Kar 2011
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positive finding rendered under Section 43-
A (1) of the Karnataka Panchayathraj Act
entails severe civil consequences in the
form of the citizen being deprived of his
statutorily guaranteed rights to participate
in the democratic process as sanctioned
under the Panchayathraj Act, 1993 and
such whimsical approach cannot be
appreciated.”
7. It cannot be gainsaid that an enquiry for
an order resulting in removal or disqualification
respectively under Sections 43A(1) or 43A(2) of the
Act must necessarily be an adequate enquiry. This
stands out with the Division Bench expositing that,
because a decision under Section 43A of the Act
entails serious civil consequence [ a disqualification ],
the denial of an opportunity to participate in a
democratic process cannot be whimsical. In the
present case, the enquiry is only by the third
respondent and on the enquiry that is conducted, the
second respondent has only recorded thus:
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“ಸದ ค ಪ ಕರಣವඝ౬ ෫ೕยನ ಉ วೕಖ (1)ರ
ಸ ౽ბರದ ಆ ංೕಶದಂ ൽකಂಕ :13-06-2025 ಮ ൡ౨ ൽකಂಕ :
20-06-2025 ರಂ ൿ เೈರൕ ඛಗൽಪല ಆ ฌೕඪತคಡ
ಟ ಸಂಬಂಧ ಪಟ ౣ ಅ ඌ౽คಗัಡ เೈರ൏
ඣೕഔ ඝ౬ ಕ ำಸมൡ . ಅದರಂ ൽකಂಕ :20-06-
2025ರ เೈರൕ ൽකಂಕದಂൿ ಆ ฌೕඪತฃದ 1) ๏ೕಮൟ
๏ವಮ , ಂൽನ ಅಧ ౘฆ ಟ 2) ๏ೕ ಶಂಕರ කಯౙ
ಂൽನ ಅಧ ౘฆ ಇವ ฆ ಜฃಜฆ൞౨ฉ ಟ ෨ಖ
౽ಯბඛ฿ბಹಕ ಅ ඌ౽คಗำ , ೧ม ಪಂ ೈಯ൬
෫ೖฆ ೧ว , ರವ ฆ ಟ ౽ಯბඛ฿ბಹಕ
ಅ ඌ౽คಗำ ൞ลಀ ಪಂ ೈൟ , ನಂಜನ ಟഴ ರವ ฆ
ಜฃಜฆ൞౨ฉ ಅಲ ං ಪಂ ೈൟ ಅ ไൽ౫ ಅ ඌ౽ค
ಜคൿ౪ ತಮ เೈರಗಳඝ౬ ಮಂ ലฆ൞౨ฉ .”
8. This only indicates that the third
respondent has conducted proceedings on
20.06.2025 with some opportunity to the petitioner
and the other and the Report is based on two findings
viz. , that during the petitioner's tenure, a sum of
Rs.1,76,598/- is diverted and during the tenure of
the other person, a sum of Rs.10,59,774/- is diverted
and out of a sum of Rs.26,45,000/- that is credited to
the Panchayath's account, a sum of Rs.12,38,790/-
has not been utilized for the designated purposes.
9. The details of the enquiry, which would
persuade this Court to opine that the petitioner has
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had a reasonable opportunity to show cause against
the allegations, are not brought out. This assumes
significance because neither the first Show Cause
Notice nor the second Show Cause Notice specifically
mention the amount allegedly diverted during the
petitioner's tenure. Though there is a reference in the
third respondent’s Report to the amounts being
diverted towards construction of drainage, providing
of streetlights and paying honorarium to the
panchayat members amongst others, these two
circumstances persuade this Court to opine that the
third respondent should have extended a reasonable
opportunity of being heard, and mentioned the
details of the opportunity which is central to the
proceedings under Section 43A of the Act as
underscored by the Division Bench. The other ground
that persuades this Court is the split up of the
diversion during the petitioner's tenure and the
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diversion during the other person's tenure in the
second respondent's impugned order.
10. This Court is therefore of the opinion that
there must be interference with the second
respondent’s impugned order to ensure that the
petitioner must have a reasonable opportunity. The
Panchayat's tenure has expired, and elections are on
the anvil. The petitioner's apprehension is that if the
issue is not finally adjudicated with a reasonable
opportunity, she will suffer the adverse consequence
of a disqualification as contemplated under Section
43A(2) of the Act. As such, this Court must intervene
to restore the proceedings extending a reasonable
opportunity to the petitioner while calling upon the
third respondent to conclude the proceedings after
extending an opportunity to the petitioner to file a
detailed response based on the records that are now
made available to the petitioner to show cause
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against any diversion of funds during her tenure. In
the light the afore, the following:
ORDER
[A] The petition is allowed in-part and the
second respondent's impugned order dated
25.02.2026 [ Annexure-E ] is quashed as is the
third respondent's enquiry report dated
04.07.2026 [ Annexure-C ].
[B] The petitioner without further notice shall
appear before the third respondent on
11.11.2026 and shall be entitled to file a
detailed response based on the records now
made available and also to seek a copy of the
Audit Report and the report by the CEO
which forms the basis for the initiation of the
proceedings.
[C] The third respondent shall offer cogent
reasons, place its recommendation for due
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decision by the second respondent after
extending opportunities to the petitioner as
aforesaid and in any event within 30 days
from the date of first appearance.
SD/-
(B M SHYAM PRASAD)
JUDGE
SA
Ct:sr