SHAIR KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Learned High Court Government Pleader takes notice for respondent Nos.1 and 3. Learned counsel Sri Ameet Kumar Deshpande, is directed to take notice for respondent Nos.2, 4 and 5. Petitioner's counsel files a memo for not pressing the petition so far as respondent No.6 is concerned. Hence, petition is dismissed so far as respondent No.6 is concerned.

(2.) It is seen from the order impugned as per Annexure-D members of Nagaidlayi Gram Panchayat in Chincholi taluk, Kalaburagi district have made a representation as per Annexure-C dated 06.05.2019 seeking indulgence of the Assistant Commissioner, Sedam, to take action against Adhyaksha of the said panchayat on the ground that they have no confidence against him and the said representation was filed under section 49(1) of the Karnataka Gram Swaraj and Panchayatraj Act, 1993. The said application was rejected vide order dated 21.05.2019 by the Assistant Commissioner on misinterpreting the orders passed by this Court in W.A.No.1388/2018. The Assistant Commissioner has stated that the respondent No.6 herein has filed the said writ appeal and this Court has passed the order in the following manner.

(3.) Assistant Commissioner only interpreted the first part of the order that, the petitioner to continue as Adhyaksha of Nagaidlayi Gram Panchayat till his term is over, has passed the impugned order refusing to take any action on the basis of the representation given by the petitioners herein. However he has not understood the said order by reading the subsequent sentence passed by this Court, granting liberty to the respondents to proceed further against the appellant in accordance with the provisions of law.