IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.5783 OF 2019(LB-ELE) BETWEEN:
1. Bhagyamma W/o Thippeswamy Aged about 55 years 2. Sharadamma W/o Ajjappa Aged about 60 years 3. Ningappa S/o Papanna Aged about 52 years 4. Savithramma W/o Shivalingappa Aged about 42 years 5. Susheelamma W/o Thippeswamy Aged about 45 years 6. Renukamma W/o Mahanthesha Aged about 43 years 7. Gousemansoor S/o Husain Sab Aged about 51 years 8. Reshmabhanu W/o Mohammed Rafi Aged about 38 years 9. Gowramma W/o Markandayya Aged about 48 years 10. Yashodamma W/o Kenchappa Aged about 48 years 11. G.Thimmappa S/o Giriyappa Aged about 44 years 12. Gangamma W/o Thippeswamy Aged about 33 years 13. P.Venkateshappa S/o Papanna Aged about 50 years 14. Nijaguna S/o Chittappa Aged about 33 years 15. Lekha W/o Paramesh Aged about 35 years 16. Sunandamma W/o Mallappa Aged about 68 years 17. Jambunatha S/o Murugendrappa Aged about 47 years 18. Sunandamma W/o Thimmappa Aged about 41 years All are members of Gram Panchayath Matadakurubarahatty (M.K.Hatti) Chitradurga Taluk Chitradurga District-577501. … Petitioners (By Sri.R. Shashidhara, Advocate) AND:
1. The Deputy Commissioner Chitradurga District Chitradurga-577 501.
2. The Assistant Commissioner Chitradurga sub-division Chitradurga-577 501.
3. The Panchayath Development Officer Gram Panchayath, M.K.Hatti, Chitradurga Taluk and District-577 501. ... Respondents (By Sri. Subramani.M., HCGP, for R1 & R2: Sri.N.Praveen Kumar, Advocate for R3) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the respondent Nos.1 and 2 to consider the representation dated:23.1.2019 vide Annexures-E and F to the writ petition and etc.
This writ petition, coming on for orders, this day, the Court, made the following:
ORDER In this writ petition, the petitioners have sought the following reliefs:
“(a) issue a writ of mandamus or any other writ or order or direction, in the nature of writ, directing the respondents No.1 and 2 to consider the representation dated 23.01.2009 vide Annexures E and F to the writ petition.
(b) issue any order or direction in the nature of writ as this Hon’ble Court may deem fit under the facts and circumstances of the case including as to the cost by allowing this writ petition in the interest of justice and equity.”
2. Heard the learned counsel for the parties and perused the writ papers.
3. The petitioners were members of the M.K.Hatti Grama Panchayath. They have initiated proceedings under Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj, Act, 1993 (for short, ‘the said Act’) against the Adhyaksha of the said Grama Panchayath and submitted Form No.1 under Rule 3(1) of the Karnataka Panchayath Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha) Rules, 1994 (‘for short, ‘the said Rules’) vide Annexure-A. Pursuant to Annexure-A, the Assistant Commissioner vide Annexure-E dated 27.12.2018 issued a notice fixing meeting on 16.01.2019 for moving no confidence motion against the Adhyaksha of the said Grama panchayath. No confidence motion has been moved against the Adhyaksha and all the 18 members who were present in the meeting voted in favour of no confidence motion and a resolution has been passed on 16.01.2019 vide Annexure-D, removing the Adhyaksha from the said Grama Panchayath.
4. After that, the Assistant Commissioner has not proceeded further for conducting an election to vacant post of Adhyaksha in view of pendency of W.P.No.1153/2019 before this Court. Today the said writ petition was disposed of. In view of dismissal of W.P.No.1153/2019, the competent authority can proceed further in accordance with law.
5. In view of the above, this writ petition is disposed of directing the respondents to consider the representation of the petitioners as per Annexures E and F dated 23.01.2019 in accordance with law as per the provisions of the Karnataka Gram Swaraj and Panchayath Raj, Act, 1993 and the Karnataka Panchayath Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha) Rules, 1994, within a period of two weeks from the date of receipt of a copy of this order.
Sd/- JUDGE Cm/-