IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos. 17900-17901 OF 2018 (LB RES) Between 1. Smt. Ashalatha D.Shetty, W/o Diwakar Shetty, Aged about 42 years, Resident of Kukkehalli village, Udupi Taluk & District-576124.
2. Sri. Praveen Kumar Shetty, S/o Shekhar Shetty, Aged about 44 years, Prabhavathi Nilaya, Bellampalli, Udupi Taluk-576 124. ... Petitioners (By Sri. Vishwajith Shetty S, Advocate) And 1. State of Karnataka, Represented by its Secretary to Department of Panchayath Raj, Vidhana Soudha, Bengaluru-560001.
2. Assistant Commissioner, Kundapura Sub-Division, Kundapura, Udupi District-576217.
3. Taluk Panchayath, Udupi, Udupi Taluk and District-576101 By its Executive Officer.
4. Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576101 Represented by its Panchayath Development Officer.
5. Sri. Kiran Kumar Hegde, S/o Ramesh Shetty, Major, Member, Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576101.
6. Smt. Malathi Hegde W/o Praveen Kumar Hegde, Major, Member, Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576124.
7. Smt. Yashodha Acharthi, W/o Srinivasa Achari, Major, Member, Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576124.
8. Smt. Jyothi, W/o Ramesh Kulal, Major, Member, Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576124.
9. Smt. Prema, W/o Koragappa, Major, Member, Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576124.
10. Sri. Krishna Marakala, S/o Sheena Marakala, Major, Member, Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576124.
11. Smt. Gayathri, W/o Jaya Naika, Major, Member, Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576124.
12. Sri. Gopaia Naika, S/o Narayana Naika, Major, Member, Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576124.
13. Sri. Santhosh Shetty, S/o Mahabala Shetty, Major, Member, Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576124.
14. Smt. Jyothi Naika, W/o Shamakara Naika, Major, Member, Kukkehalli Grama Panchayath, Udupi Taluk, Udupi District-576124. ... Respondents (By Sri. M.A.SHubramani, HCGP for R1 & R2; Sri. D.S.Arumugam, Advocate for R4;
Sri. V.R.Prasanna, Advocate for R3, R5, R6 to R14 Served and unrepresented) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to call for records from the R-1 to 4 which ultimately resulted in issuing order vide Annexure-A dated 13.04.2018 made by the R-2 and the meeting notice vide Annexure-B dated 28.03.2018 issued by the R-2 and etc., These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioners have challenged the notice at Annexure-B, dated 28.03.2018 convening the meeting on 13.04.2018. The meeting was convened to consider the motion of no-confidence which was considered in the meeting on 13.04.2018 and was passed. Subsequently, the petitioners on 23.04.2018 have filed the present petition.
2. The sole contention of the petitioners is that there has been violation of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 (for short ‘the Rules’) in so far as no 15 clear days notice was given prior to convening of the meeting dated 13.04.2018. The petitioners contend that notice was served only on 05.04.2018. No other ground is made out as regards violation of the rules for interference in the notice at Annexure-A.
3. Learned Additional Government Advocate has produced the records which indicate the signatures of the members was obtained on the notice dated 28.03.2018 and learned AGA points out that notice has been served on the same day and refers to Annexure-A. An affidavit has also been filed by the Panchayath Development Officer of the Gram Panchayath re-iterating that notice had been served on 28.03.2018 to the members. There is no reason to disbelieve the said submission. Accordingly, the contention that there has been violation of Rule 3(2) of the Rules as regards 15 clear days notice is rejected. No other ground has been made out for interference.
Accordingly, writ petitions are dismissed.
Sd/- JUDGE HA/-