IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.10617/2019 (LB- RES) Between:
Smt. Ammajamma, W/o Sri G. Veeranna, Aged about 54 years, R/o I.K. Colony, Irakasasandra, Koratagere Taluk, Tumkur District – 572 129. … Petitioner (By Sri Kethan Kumar, Advocate) And:
1. The State of Karnataka, Department of Rural Department And Panchayat Raj, M.S. Building, Ambedkar Vidhi, Bangalore – 560 001.
2. The Assistant Commissioner, Madhugiri Sub-Division, Madhugiri, Tumkur District – 572 129.
3. Smt. Ramalakshmamma, Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
4. Smt. Latha, Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
5. Smt. Lakshmamma, Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
6. Smt. Ashwathappa, Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
7. Smt. Nagarathnamma, Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
8. Smt. Bhagyamma, Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
9. Smt. Nagarathana K.A., Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
10. Sri Muthuramaiah, Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
11. Sri Krishnaiah, Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
12. Sri Ramesh A.C., Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
13. Sri Umesh C.R., Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
14. Sri Hosalaiah S.C., Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
15. Sri Nagaraju, Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
16. Sri Girish R., Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
17. Sri Aradhya S.S., Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129.
18. Sri Huliyappa, Aged Major, Elected Member, Nilgondanahalli Grama Panchayat, Koratagere Taluk, Tumkur District – 572 129. … Respondents (By Sri M.A. Subramani, HCGP for R-1 & R-2; Sri Shivaprasad Shantanagaudar, Advocate for R-3 to R-18) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the notice dated 23.02.2019 vide Annexure-A passed by the respondent No.2 and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner had challenged the notice at Annexure-A dated 23.02.2019 issued by the respondent No.2 convening the meeting to consider the motion of no-confidence moved by the members of Gram Panchayat. This Court, on noticing that the complaint at Annexure-B contained allegations had stayed the notice at Annexure-A.
2. Learned counsel appearing for the respondent Nos.3 to 18 has filed a memo stating that the said respondents would seek withdrawal of the complaint filed before the Assistant Commissioner dated 19.02.2019.
3. The interim order was granted on the ground that there were allegations in the complaint and after noticing that the complaint with allegations in terms of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘the Act’ for short) cannot be proceeded with, in light of the law laid down in the case of Smt.Lakshmamma v. State of Karnataka and Others reported in 2019 (1) Kar.L.J.94 (DB).
4. In light of the memo filed and submission made on behalf of respondent Nos.3 to 18 that the said respondents intend to withdraw the complaint at Annexure-B dated 19.02.2019 made to the Assistant Commissioner and also taking note of the fact that the complaint contains allegations, the notice at Annexure- A dated 23.02.2019 issued by the Assistant Commissioner is set aside. However, liberty is reserved to the members of Gram Panchayat to initiate fresh motion of no-confidence in terms of Section 49 of the Act and as per law. In the event, such motion of no- confidence is moved by the members of respondent No.2, the Assistant Commissioner to ensure strict compliance with the procedural requirements as mandated under the Karnataka Panchayat Raj (Motion of No-Confidence Against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994.
5. In view of disposal of the writ petition, no orders are required to be passed on I.A.No.1/2019.
Petition is disposed of, subject to the above observations.
Sd/- JUDGE VGR