IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.8304-8318/2019 (LB-RES) Between:
1. B.C. Sathish Kumar, S/o B. Chidanandappa, Aged about 46 years, Vice President and Member-
Also discharging duties as Adhyaksha, Nagaramgere Grama Panchayat, Residing at “Sanjeeva Krupa”, Narahari Nagar, Nagaramgere Post, Kasaba Hobli, Challakere Taluk, Chitradurga District – 577 522.
2. A. Mahesha, S/o Ajjappa, Aged about 30 years, Member, Nagaramgere Grama Panchayat, R/at Siddapura, Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
3. N. Shivanna, S/o Ningappa, Aged about 59 years, Member, Nagaramgere Grama Panchayat, R/at Giddaningajjara Kapile, Lakshmipura, Somaguddi Post, Challakere Taluk – 577 522, Chitradurga District.
4. Dyamakka, W/o Late Dyamanna, Aged about 70 years, Member, Nagaramgere Grama Panchayat, R/at Lakshmipura Village, Somaguddi Post, Challakere Taluk – 577 522, Chitradurga District.
5. Showkeen Bhanu, W/o Syed Azmathulla, Aged about 36 years, Member, Nagaramgere Grama Panchayat, R/at Nagaramgere Village, Challakere Taluk – 577 522, Chitradurga District.
6. M. Roopa, W/o T.Veerabhadrappa, Aged about 30 years, Member, Nagaramgere Grama Panchayat, R/at Hottepanahalli (Nandapura), Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
7. R. Nagaraju, S/o Rudrappa, Aged about 48 years, Member, Nagaramgere Grama Panchayat, R/at Hottepanahalli (Nandapura), Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
8. Yellamma, W/o Bheemaiah, Aged about 65 years, Member, Nagaramgere Grama Panchayat, R/at Siddapura Village, Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
9. Gurupadamma, W/o M.R. Swamy, Aged about 35 years, R/at Hottepanahallli (Nandapura), Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
10. N. Chandranna, S/o Ninganna, Aged about 30 years, Member, Nagaramgere Grama Panchayat, R/at Siddapura Village, Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
11. T. Veeramma, W/o R. Nagaraju, Aged about 36 years, Member, Nagaramgere Grama Panchayat, R/at Siddapura Village, Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
12. K. Rudramuni, S/o Kariyappa, Aged about 50 years, Member, Nagaramgere Grama Panchayat, R/at Siddapura Village, Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
13. Gangamma, W/o S.B. Srinivasa, Aged about 50 years, Member, Nagaramgere Grama Panchayat, R/at Siddapura Village, Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
14. H.S. Nagaraj, S/o Siddesh H.S., Aged about 35 years, Member, Nagaramgere Grama Panchayat, R/at Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
15. Sharadhamma, W/o Govindappa, Aged about 32 years, Member, Nagaramgere Grama Panchayat, R/at Hottepanahalli Post, Challakere Taluk – 577 522, Chitradurga District.
… Petitioners (By Sri H.K. Kenchegowda, Advocate) And:
1. The Chief Secretary, Government of Karnataka, Vidhana Soudha, Bangalore – 560 001.
2. The Principal Secretary, Government of Karnataka, Department of Rural Development & Panchayat Raj, 3rd Floor, M.S. Building, Bangalore – 560 001.
3. The Regional Commissioner, Bangalore Division, 2nd Floor, BMTC Building, K.H. Road, Shanthinagar, Bangalore – 560 027.
4. The Commissioner, Karnataka State Election Commission, KSMF Building (Behind), No.8, 1st Floor, Cunningham Road, Bangalore – 560 052.
5. The Deputy Commissioner, Chitradurga District, Chitradurga – 577 501.
6. The Assistant Commissioner, Chitradurga Sub-Division, Chitraduga District – 577 501.
7. The Chief Executive Officer, Chitradurga District, Chitradurga – 577 501.
8. The Executive Officer, Challakere Taluk Panchayat, Challakere, Chitradurga – 577 501.
9. The Secretary/ Panchayat Development Officer, Nagaramgere Grama Panchayat, Nagaramgere, Challakere Taluk – 577 522, Chitradurga District.
10. Smt. Gangamma, W/o N.R. Sanna Borappa, Aged about 50 years, Member, Nagaramgere Grama Panchayat, R/at Nagaramgere and post, Challakere Taluk, Chitradurga District - 577 522.
… Respondents (By Sri M.A. Subramani, HCGP for R-1 to R-3, R-5 and R-6;
Notice to R-4, R-7 to R-10 is dispensed with v/o dated 06.03.2019) ***** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash the communication dated 28.01.2019 issued by the respondent Nos.2 to 5 vide Annexure-A by issuing a writ of certiorari as illegal and etc.
These Writ Petitions coming on for Orders this day, the Court made the following:
ORDER The petitioner No.1, who is the Vice President and discharging the duty as ‘Adhyaksha’ of Nagaramgere Grama Panchayat, Challakere Taluk, Chitradurga District, has challenged the endorsement at Annexure-A dated 28.01.2019 whereby, the Deputy Director of Rural Development, Panchayat Raj Department while dealing with the question as to whether reservation with respect to the post of ‘President’ could be changed in light of the fact that earlier President who was subjected to motion of no-confidence from the same ‘reserved’ category was unseated consequent to the motion of no-confidence moved by the members, has observed that there was no bar as such, for such member to contest once again.
2. The petitioners state that the post of ‘President’ of Gram Panchayat has been reserved for ‘Scheduled Caste (woman)’ category and the President was removed by virtue of motion of no-confidence in a meeting held on 09.02.2018 which was convened by the Assistant Commissioner. It is the apprehension of the petitioners that since there is only one candidate belonging to the category of ‘Scheduled Caste (woman)’ if elections were to be held, the same candidate would contest for the said post and be elected.
3. The precise question ‘whether a person against whom the motion of no-confidence was moved belonging to ‘reserved’ category is entitled to contest afresh for the elections to be held due to the vacancy created upon his removal has been considered in Writ Petition No.56209/2018 vide order dated 22.02.2019, wherein, this Court has categorically held after referring to the various authorities and considering the question in detail that there was no bar as such for a person who belongs to ‘reserved’ category who was removed by motion of no-confidence to stand again for election and be elected under the same ‘reserved’ category. In light of the detailed consideration in Writ Petition No.56209/2019, the question stands concluded. The relevant extract of the order reads as follows:-
“11. …..Division Bench in the case of Babu Dada Patil referred to supra has considered the identical facts situation and held that there is no bar as such against whom a motion of no confidence has been passed and consequently removed to contest to the post at a later point of time.”
4. It is to be noted that the endorsement at Annexure-A dated 28.01.2019 has been passed pursuant to the report submitted by the Deputy Commissioner, Chitradurga at Annexure-S dated 25.10.2018 to the Director, Rural Development and Panchayat Raj Department, wherein, the stand taken is that there is no bar for a member to stand for election afresh despite having been removed by virtue of motion of no-confidence that has been passed. It is on the basis of the report submitted by the Deputy Commissioner that the Government has issued the impugned endorsement at Annexure-A.
5. In light of the discussion made above, no grounds are made out for interference in the endorsement at Annexure-A dated 28.01.2019. Accordingly, the petitions are dismissed.
Sd/- JUDGE VGR