IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No.22058/2019 (LB-RES) BETWEEN SMT AMMAJAMMA W/O SRI G VEERANNA AGED ABOUT 54 YEARS R/O I K COLONY IRAKASASANDRA, KORATAGERE TALUK, TUMKUR DISTRICT-572129.
... PETITIONER (BY SRI KETHAN KUMAR, ADV.) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M S BUILDING, AMBEDKAR VIDHI, BANGALORE-560 001.
2. THE ASSISTANT COMMISSIONER MADHUGIRI SUBDIVISION MADHUGIRI TUMKUR DISTRICT-572129.
3. SMT RAMALAKSHMAMMA AGED ABOUT 35 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH, KORATAGERE TALUK, TUMKUR DISTRICT-572129.
4. SMT LATHA AGED ABOUT 35 YEARS ELECTED MEMBER NILGONDANAHALLI GRAMA PANCHAYATH, KORATAGERE TALUK, TUMKUR DISTRICT-572129.
5. SMT LAKSHMAMMA AGED ABOUT 35 YEARS ELECTED MEMBER NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
6. SMT ASHWATHAPPA AGED ABOUT 35 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
7. SMT. NAGARATHNAMMA AGED ABOUT 35 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
8. SMT. BHAGYAMMA AGED ABOUT 36 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
9. SMT. NAGARATHNA K A AGED ABOUT 36 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
10. SRI MUTHURAMAIAH AGED ABOUT 36 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
11. SRI KRISHNAIAH AGED ABOUT 38 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
12. SRI RAMESH A C AGED ABOUT 36 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
13. SRI UMESH C R AGED ABOUT 37 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
14. SRI HOSALAIAH S C AGED ABOUT 40 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
15. SRI NAGARAJU AGED ABOUT 39 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
16. SRI GIRISH R AGED ABOUT 38 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
17. SRI ARADHYA S S AGED ABOUT 32 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
18. SRI HULIYAPPA AGED ABOUT 36 YEARS ELECTED MEMBER, NILGONDANAHALLI GRAMA PANCHAYATH KORATAGERE TALUK TUMKUR DISTRICT-572129.
(BY SRI M.A.SUBRAMANI, HCGP FOR R1 & R2, ... RESPONDENTS SRI SHIVAPRASAD SHANTANAGOUDAR, ADV. FOR C/R11 & R15) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 03.05.2019 VIDE ANNEXURE-'A' PASSED BY THE R-2 ETC.
THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner, learned HCGP for respondent Nos.1 and 2 and learned counsel for caveator respondent Nos.11 and 15.
2. The case of the petitioner is that meeting notice produced at Annexure-A to the writ petition stands vitiated on the ground that the same is contrary to the third proviso of sub-Section 1 of Section 49 of the Karnataka Gram Swaraj & Panchayat Raj Act, 1993 (hereinafter referred to as ‘the Act’ for short) and that respondent Nos.3 to 18 had moved similar request and respondent No.2 had in fact called for meeting to consider the motion proposed by respondent Nos.3 to18. That the petitioner aggrieved by the same had approached this Court in W.P.No.10617/2019 and this Court initially was pleased to grant an interim order and thereafter, the writ petition came to be disposed of in the light of the memo filed into the Court on behalf of respondent Nos.3 to 18 who expressed their desire to withdraw the allegations dated 19.02.2019 made in the form of complaint before respondent No.2 with liberty to initiate a fresh Motion of No Confidence in terms of Section 49 of the Act.
3. This Court taking on record the memo was pleased to dispose of the writ petition reserving liberty as prayed for by respondent Nos.3 to 18. Pursuant to the liberty granted by this Court, respondent Nos.3 to 18 have once again submitted motion of no confidence in Form No.1.
4. Learned counsel for the petitioner would contend that the proposed motion submitted before respondent No.2 in Form No.1 by itself amounts to a second resolution. In that view of the matter, the said contention requires to be rejected and it is accordingly rejected. Further, learned counsel for the petitioner is unable to point out any irregularity. He would contend that the motion submitted in Form No.1 to respondent No.2 does not state that the members have No Confidence in the leadership of the petitioner. The said contention is misplaced.
5. A reference to the subject reads as under:
“Motion of No Confidence against the Adhyaksha of Neelagondanahalli Grama Panchayat, Kolala Hobli, Koratagere Taluk, Tumkur District.”
6. The said subject clearly reflects the intention of the members who wish to express their No Confidence in the leadership of the petitioner. Accordingly, respondent No.2 has issued the meeting notice in Form No.2 as stipulated under the Rules. In that view of the matter, there is no irregularity or illegality that is pointed out.
That being the case, the petition deserves to be rejected and it is accordingly rejected.
Sd/- JUDGE VM CT:HR