IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.1979/2019 (LB-ELE) Between:
Smt. Bhagyamma W/o. Narayanaswamy, Aged about 35 years, President, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District, Resident of Sriranga, Bandahalli, Boodikote Post, Bangarpete Taluk, Kolar District – 563 114. … Petitioner (By Sri. Chandrakanth R. Goulay, Advocate) And:
1. The State of Karnataka, Rep. by its Secretary, Department of Rural Development & Panchayath Raj, M.S. Building, Bengaluru – 560 001.
2. The Assistant Commissioner, Kolar Sub Division, Near Court Circle, Kolar – 563 101.
3. The Chief Executive Officer, Zilla Panchayath, Kolar – 563 101.
4. Smt. Malashri Age:Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
5. Smt. Vanitha, Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
6. Sri. Chandrashekar. B Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
7. Smt. Shwetha D Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
8. Smt. Kalavathi Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
9. Sri. Krishashetti Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
10. Sri. V.Muiniraju Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
11. Smt.Padmama Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
12. Sri.Chennappa Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
13. Sri. Ramakrishachari Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
14. Sri. Ponnaswami Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114.
15. Smt.Susheelama Age: Major, S/o. Not known, Member, Boodikote Grama Panchayat, Bangarpete Taluk, Kolar District – 563 114. …Respondents (By Sri. M.A.Subramani, HCGP for R1 & R2;
Sri. V.Vijayashekara Gowda, Adv. for R4 to R15; Notice to R3 dispensed with) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notice dated 02.01.2019 passed by R-2 vide Annexure-B as Arbitrary, illegal and void and in violation of the Karnataka Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 and the Panchayath Raj Act and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The notice in respect of respondent No.3 is deemed not necessary in view of the disposal of the petition, in light of the settled position of law.
2. The petitioner who is the President of the Boodikote Grama Panchayat has challenged the notice at Annexure-B dated 02/01/2019, whereby the Assistant Commissioner has convened a meeting on 17/01/2019 to consider the motion of No-Confidence that has been moved by the members.
3. Learned counsel for the caveator-respondent Nos.10 and 13 states that the complaint at Annexure-A is one with allegations and on perusal of Annexure-A, it is clear that specific allegations have been made and if that were to be so it is a motion of No-Confidence is to be considered to be one moved under Section 49 (2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘the Act’ for brevity).
4. In light of the law laid down in W.A.No.844/2018 and connected matters by order dated 12/10/2018 no motion of No-Confidence could be moved till appropriate Rules are framed for purpose of considering such motion of No-Confidence as regards such motion of No-Confidence that comes within the ambit of Section 49 (2) of the Act.
5. In light of the observations made in Division Bench in W.A.No.844/2018 and connected cases disposed of on 12.10.2018, the notice at Annexure-B is liable to be set-aside as it relates to motion of No-Confidence falling within the ambit of Section 49 (2) of the Act.
6. However it is open to the members to move fresh motion of No-Confidence under Section 49, if permissible as per law.
Taking note of the settled legal position of law and subject to the above observation, the writ petition is disposed of.
Sd/- JUDGE KG/KLV