Writ Petition No. 8243 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:13586 WP No. 8243 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8243 OF 2025 (LB-RES) BETWEEN: …PETITIONER MRS. H.S. GAGANA W/o LATE NAGARAJU AGED ABOUT 31 YEARS, PRESIDENT, KUDLURU GRAMA PANCHAYATH, DODDARAYAPETE - 2, DODDARAYAPETE VILLAGE AND POST, PIN-540 752, KASABA HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT.
Legal Reasoning
(BY SRI. PRAKASH T.HEBBAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA - 571 313. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13586 WP No. 8243 of 2025 3. THE ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION KOLLEGALA - 571 440. 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA - 571 313. 5. THE EXECUTIVE OFFICER. TALUK PANCHAYATH, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA - 571 313. 6. THE PANCHAYATH DEVELOPMENT OFFICER, KUDLURU GRAMA PANCHAYATH, KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT - 540 752. 7. SMT. JYOTHI W/o NAGARAJU, AGED ABOUT 35 YEARS, KUDULURU GRAMA PANCHAYATH, MOODALAMANE GRAMA, CHAMARAJANGARA TALUK AND DISTRICT, PIN - 540 752. 8. SRI MAHADEVASWAMY @ COLOUR S/o MAHADEVAIAH D.D AGED ABOUT 46 YEARS, KUDLURU GRAMA PANCHAYATH, KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT - 540 752. - 3 - NC: 2025:KHC:13586 WP No. 8243 of 2025 9. SRI GIRISH S/o LATE. MAHADEVASETTY, AGED ABOUT 49 YEARS, KUDLURU GRAMA PANCHAYATH, KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. 10. SRI NARAYANASWAMY S/o LATE. SIDDASETTY, AGED ABOUT 45 YEARS, KUDLURU GRAMA PANCHAYATH, KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. 11. SRI M.K. CHANDRU S/o KRISHNASETTY, AGED ABOUT 40 YEARS, KUDLURU GRAMA PANCHAYATH, MOODALAMOLE GRAMA, CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. 12. SRI SIDDARAJU.P S/o PUTTASWAMYSETTY, AGED ABOUT 49 YEARS, KUDLURU GRAMA PANCHAYATH, KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. 13. SMT. VINODHA W/o BASAVANNA, AGED ABOUT 31 YEARS, - 4 - NC: 2025:KHC:13586 WP No. 8243 of 2025 KUDLURU GRAMA PANCHAYATH, KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. 14. SMT. YOGESHWARI W/o MAHESHKUMAR H.P, AGED ABOUT 34 YEARS, KUDLURU GRAMA PANCHAYATH, KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. 15. SMT. BASAMMANI W/o CHINNASWAMY, AGED ABOUT 42 YEARS, KUDLURU GRAMA PANCHAYATH, KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. 16. SMT. MANJULA W/o RACHAPPA, AGED ABOUT 44 YEARS, KUDLURU GRAMA PANCHAYATH, BOODITTU GRAMA CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. 17. SMT. MAHESHWARI W/o RAVI, AGED ABOUT 30 YEARS, KUDLURU GRAMA PANCHAYATH, DODDARAYAPETE - 1, CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. 18. SRI MAHADEVASWAM - 5 - NC: 2025:KHC:13586 WP No. 8243 of 2025 S/o LATE MALLAPPA, AGED ABOUT 60 YEARS, KUDLURU GRAMA PANCHAYATH, DODDARAYAPETE - 1, CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. 19. SRI. NAGENDRA S/o SIDDARAJEGOWDA, AGED ABOUT 37 YEARS, KUDLURU GRAMA PANCHAYATH, DODDARAYAPETE - 1, CHAMARAJANAGARA TALUK AND DISTRICT, PIN - 540 752. …RESPONDENTS (BY SRI. PRATHIMA HONNAPURA, AAG FOR SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R3 SRI. CHANDRAKANTH R.GOULAY, ADVOCATE FOR R4 & R5 SRI. ASHOK N.NAYAK, ADVOCATE FOR R6 SRI. A.NAGARAJAPPA, ADVOCATE FOR R7 TO R9) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE SERIAL NO. ELECTION (HA) CR/10/2024 DTD. 11.03.2025 (ANNX-C) AS BEING ILLEGAL AND VOID AB INITIO AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 6 - NC: 2025:KHC:13586 WP No. 8243 of 2025 ORAL ORDER 1. The petitioner has sought for setting aside the impugned notice at Annexure - C as being illegal. 2. It is the case of the petitioner that the Motion of No Confidence was in challenge before the courts and such legal challenge has culminated in an order passed on 06.03.2025 before the Division Bench in W.A.No.160/2025. It is submitted that the said writ appeal was disposed off without interfering with the proceedings. In light of the conclusion of the proceedings, the Assistant Commissioner issued a notice at Annexure-C dated 11.03.2025 fixing the date as 21.03.2025. It is the case of the petitioner that the notice at Annexure-C provided notice of 10 days which is contrary to the requirement of Proviso to Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, Motion of No Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat Rules, 1994 insofar as 15-days clear notice is to be given. - 7 - NC: 2025:KHC:13586 WP No. 8243 of 2025 3. Though it is submitted by the State that the Single Judge's order provided for notice of two weeks and accordingly notice of Assistant Commissioner need not be faulted with, however taking note of the requirement of
Decision
Proviso to Rule 3(2), matter could be disposed off without entering into further adjudication. 4. Proviso to Rule 3(2) reads as follows: "(2) The Assistant Commissioner shall thereafter convene a meeting for the consideration of the said motion at the office of the Grama Panchayat on the date appointed by him which shall not be later than thirty days from the date on which the notice under sub-rule(1) was delivered to him. He shall give to the members a notice of not less than fifteen clear days of such meeting in Form II. Provided that where the holding of such meeting is stayed by an order of a Court, the Assistant Commissioner shall adjourn the said meeting and shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay, after giving to the members, after giving to the members a notice of not less than fifteen clear days of such adjourned meeting." - 8 - NC: 2025:KHC:13586 WP No. 8243 of 2025 5. Accordingly, notice of 10 days at Annexure - C not being in compliance with time period of 15 days, notice at Annexure - C is set aside. 6. The Assistant Commissioner is at liberty to proceed further with the same proceedings in terms of Proviso to Rule 3(2) and the period of 30 days envisaged under the Proviso would deem to commence on the date of release of certified copy of this order. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 67