IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.56863/2018 (LB-RES) BETWEEN:
Smt. Chandramma, W/o Devendra, Aged about 47 years, President, Theguru Grama Panchayath, Chikkamagalur Taluk, Chikkamagalur District – 577 133. ... Petitioner (By Sri. Chandrakanth.R.Goulya, Advocate) AND:
1. The State of Karnataka, Rep by its Secretary, Department of Rural Development & Panchayaraj, M.S.Building, Bengaluru – 560 001.
2. The Assistant Commissioner, Chikkamagalur Sub Division, Chikkamagalur – 577 101.
3. The Chief Executive Officer, Zilla Panchayath, Chikkamagalur – 577 101.
4. Smt. Myna Manjunath, Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133.
5. Smt. Nethravathi, Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133.
6. Smt. Bharathi T.Y, Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133.
7. Smt. Meena G.P., Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133.
8. Sri. S. Raju, Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133.
9. Smt. R. Susheela, Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133.
10. Sri. Vinod, Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133.
11. Sri. Shivakumar, Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133.
12. Sri. Wajhid Ahmad, Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133.
13. Sri. Ranganath, Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133.
14. Smt. Renuka, Aged Major, Theguru Grama Panchayath, Chikkamagalur Taluk – 577 133. ... Respondents (By Sri. M.A.Subramani, HCGP for R1 and R2 Sri. D.R.Ravishankar, Advocate for R4, R5 and R7 to R13) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for relevant records and quash the impugned notice dated 14.12.2018 passed by the respondent No.2 as per 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.
This Writ Petition coming on for Orders, this day, the Court made the following:
ORDER The learned Additional Government Advocate furnishes the copy of the proceedings of the meeting dated 29.12.2018 along with the memo. The same is taken on record.
2. The petitioner in the present petition has challenged the notice at Annexure-B dated 14.12.2018, whereby the meeting to consider the motion of no- confidence was convened on 27.12.2018. This Court, by its order dated 21.12.2018, had permitted the consideration of the said motion of no-confidence in the meeting that was convened on 27.12.2018, however, observing that the said matter was subject to further orders and that the result as such, could not be announced.
3. It is pointed out by the learned Additional Government Advocate that though the meeting was to take place on 27.12.2018, same was adjourned to 29.12.2018 and as there was no quorum on 29.12.2018 when the meeting was convened. Accordingly, the motion of no-confidence moved by the members has lapsed. In view of Rule 3(6) of the Karnataka Panchayath Raj (Motion of No Confidence against the Adyaksha and Upadyaksha of Grama Panchayath) Rules, 1994, once the meeting is dissolved due to lack of quorum, notice given under sub Rule 1 shall lapse. Accordingly, the notice at Annexure-B dated 14.12.2018 has lapsed. No further orders are required.
4. Needless to state that in view of the lapse of the notice at Annexure-B, petitioner would be entitled to continue.
Accordingly, writ petition is disposed of.
Sd/-
JUDGE RB