IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.56627/2018 (LB-RES) BETWEEN:
Smt. Chikkasujatha W/o. Chandregowda Aged about 29 years President Bannikuppe Grama Panchayath Mudalakoppal Grama Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 ... Petitioner (By Sri. Chandrakanth R. Goulay, Advocate) AND:
1. The State of Karnataka Rep. by its Secretary Department of Rural Development & Panchayatraj, M.S. Building Bengaluru 560 001 2. The Assistant Commissioner Hunsur Sub Division Hunsur 3. The Chief Executive Officer Zilla Panchayath, Hunsur 4. Sri Manju B.P. S/o. Puttanayak Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 5. Sri Srigowda S/o. Karigowda Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 6. Sri Shivanna S/o. Kallegowda Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 7. Sri Basavaraju S/o. Sannamadegowda Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 8. Sri Channankegowda S/o. Sankarigowda Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 9. Smt. Netravathi W/o. Krishnamurthy Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 10. Smt. Gowramma W/o. Raju Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 11. Sri Govindegowda S/o. Putteswamygowda Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk, Mysuru District - 571 105 12. Smt. Mahadevamma W/o. Muddaiah Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 13. Smt. Sannamma W/o. Siddaiah Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 14. Smt. Sundramma W/o. Dinesh Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 15. Smt. Lakshmi W/o. Jagadish Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 16. Smt. Anuradha W/o. Papanayak Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 17. Smt. Sudha W/o. Ramesh Major Member Bannikuppe Grama Panchayath Bannikoppa Post, Kasaba Hobli Hunsur Taluk Mysuru District - 571 105 ... Respondents (By Sri M.A. Subramani, HCGP for R-1 and R-2 Sri B.J. Somayaji, Advocate for R-3 Sri H.C. Shivaramu, Advocate for R-4 to R-17) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice bearing No.GraPam.CR 100/2018-19 dated 13.12.2018 passed by the 2nd respondent as per Annexure-C and etc., This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner has challenged the notice dated 13.12.2018 issued the 2nd respondent-Assistant Commissioner at Annexure-C whereby the Assistant Commissioner acting upon the complaint dated 7.12.2018 submitted by the members at Annexure-A had convened a meeting to consider the motion of no confidence against the petitioner.
2. Perusal of Annexure-A would indicate that there are specific allegations made as regards the petitioner. In the light of the settled law by the Division Bench in W.A.No.844/2018 (Smt.Lakshmamma –vs- State of Karnataka and Ors.), once the allegations are made and the motion of no confidence is moved under Section 49(2) of the Karnataka Grama Swaraj and Panchayath Raj Act, 1993, the motion of no confidence cannot be considered till appropriate rules are framed.
3. In the light of the settled position of law and taking note of the allegations made in the notice at Annexure-A, learned counsel for respondent Nos.4 to 17 has stated that they do not intend to proceed with the notice of motion of no confidence. A memo to the same effect has been filed. Taking note of the fact that the members do not intend to proceed against petitioner, the notice dated 13.12.2018 issued by the Assistant Commissioner at Annexure-C is set aside. However, liberty is reserved to the members to move a fresh motion of no confidence under Section 49 of the Act. It is made clear that, as per law, if motion of no confidence is moved, the Assistant Commissioner to ensure strict compliance in accordance with the Karnataka Panchayath Raj (Motion of No-confidence against Adhayaksha and Upadhyaksha of Gram Panchayath) Rules, 1994. Subject to the above observation, petition is disposed of.
4. In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration and accordingly disposed of as not requiring any further orders.
Sd/- JUDGE Cs/-