IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.7490/2019 (LB-ELE) Between:
Smt. Annapoornamma, W/o Santhosh Kumar, Aged about 51 years, Occ.: Adhyaksha of Taluka Panchayat, Harapanahalli – 583 131. … Petitioner (By Sri Basavaraj S. Sappannavar, Advocate) And:
1. State of Karnataka, Department of Panchayat Raj and Rural Development, Rep. by its Secretary, Vidhana Soudha, Bengaluru – 560 001.
2. Executive Officer, Taluk Panchayath, Harapanahalli – 583 131.
3. Smt. Patil Vishalakshmamma, Aged about 54 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
4. Smt. Neelibai Chandranaika, Aged about 37 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
5. Smt. Gangubai Chandranaika, Aged about 33 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
6. Sri Rehamathulla Saheb, Aged about 56 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
7. Sri Patil Kenchanagoudru U., Aged about 48 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
8. Sri Prakash Hunasihalli, Aged about 40 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
9. Sri K.Venkatesh Reddy, Aged about 48 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
10. Smt. Sumitra Hanumanthappa, Aged about 32 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
11. Smt. R. Latha Basavaraj, Aged about 32 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
12. Sri H.Chandrappa, Aged about 45 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
13. Sri O. Ramappa, Aged about 50 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
14. Sri S. Basavanagouda, Aged about 32 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
15. Smt. Gowdru Manjula Jagadeesh, Aged about 35 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
16. Smt. G.Manjula, Aged about 33 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
17. Smt. Yallamma Manjunatha, Aged about 40 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
18. Smt.Shashikala Shanthakumar D.B., Aged about 38 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
19. Sri Revanagouda Patil, Aged about 35 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
20. Smt.Manibai Ramanaika, Aged about 56 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
21. Smt. Lakshmibai Shekarnaika, Aged about 45 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
22. Sri L. Manjanaika, Aged about 40 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
23. Sri A. Eranna, Aged about 48 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
24. Smt.Prema Irani, Aged about 32 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
25. Sri Keshavagouda, Aged about 58 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
26. Sri T. Nagaraj, Aged about 55 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131.
27. Sri Y. Basappa, Aged about 58 years, Occ.: Member of Taluk Panchayat, Harapanahalli – 583 131. … Respondents (By Sri M.A. Subramani, HCGP for R-1 & R-2; Sri A. Ranganath, Advocate for R-3 to R-21) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the notice dated 08.02.2019 at Annexure-A conveying of special meeting at 11 a.m. on 18.02.2019 in the Taluk Panchayat ofice issued by the respondent No.2 and etc.
This Writ Petition coming on for preliminary hearing this day, the Court made the following:
ORDER Learned counsel appearing for the respondent Nos.3 to 21, who are said to be the members of Taluk Panchayat and who had lodged a complaint state that they do not intend to continue with the complaint dated 04.02.2018. It is submitted that there were certain formal defects as regards the notice as has been asserted by the learned counsel for the petitioner. A memo is filed in this regard.
2. Memo is taken on record. In light of the said memo, the notice dated 08.02.2019 is set aside. Liberty is however reserved to the members to move a fresh motion of no-confidence after convening a meeting as permissible under Sections 140(3) and 141 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
This petition is accordingly disposed of.
Sd/- JUDGE VGR ct:mhp