IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.56926/2018 (LB - RES) Between:
Smt. Dakshayini, W/o Sri.Srinivas, Aged about 53 years, President, Devanuru Village Panchayath, Resident of Devanuru Village, Kadur Taluk, Chikkamagaluru District – 577 228. ... Petitioner (By Sri. Arun K.S., Advocate) And:
1. The Assistant Commissioner, Tarikere Sub Division, Tarikere, Chikkamagaluru District– 577 228.
2. The Executive Officer, Taluk Panchayath, Kadur Taluk, Chikkamagaluru District – 577 228.
3. The Panchayath Development Officer, Devanuru Village Panchayath, Devanuru Village, Kadur Taluk, Chikkamagaluru District – 577 228.
4. Smt.Deepa G.H., Aged about 28 years, Member, Devanuru Village Panchayath, Resident of Shanabenagundi Village (S.Koppalu), Kadur Taluk, Chikkamagaluru District – 577 228.
5. Sri. Kumaraswamy S.M., Aged about 40 years, Member, Devanuru Village Panchayath, Resident of Lakshmisagara Village, Kadur Taluk, Chikkamagaluru District – 577 228.
6. Smt. Roopa Lokesh, Aged about 30 years, Member, Devanuru Village Panchayath, Resident of Honnenahalli Village, Kadur Taluk, Chikkamagaluru District – 577 228.
7. Smt. Jyothi Santhosh, Aged about 26 years, Member, Devanuru Village Panchayath, Resident of Devanuru Village, Kadur Taluk, Chikkamagaluru District – 577 228.
8. Sri.Puneeth Kumar, Aged about 25 years, Member, Devanuru Village Panchayath, Resident of Devanuru Village, Kadur Taluk, Chikkamagaluru District – 577 228.
9. Sri.B.L.Shivakumar, Aged about 38 years, Member, Devanuru Village Panchayath, Resident of Bolanahalli Village, Kadur Taluk, Chikkamagaluru District – 577 228.
10. Smt. Anitha B.H., Aged about 27 years, Member, Devanuru Village Panchayath, Resident of Devanuru Village, Kadur Taluk, Chikkamagaluru District – 577 228.
11. Sri.Ramesh Naika, Aged about 38 years, Member, Devanuru Village Panchayath, Resident of Jadakanakatte Village, Kadur Taluk, Chikkamagaluru District – 577 228.
12. Sri.Shanmukha, Aged about 35 years, Member, Devanuru Village Panchayath, Resident of Kamenahalli Village, Kadur Taluk, Chikkamagaluru District -577 228. …Respondents (By Sri.M.A.Subramani, HCGP for R1;
Sri. K.S.Ganesha, Advocate for R4 to R12) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned meeting notice dated 15.12.2018 thereby calling a meeting to discuss and decide the no confidence motion against the petitioner herein, vide Annexure – D issued by the Assistant Commissioner, Tarikere Sub-Division and etc., This Writ Petition coming on for orders this day, the Court made the following:
O R D E R The petitioner has challenged the notice at Annexure ‘D’ whereby meeting was convened by the Assistant Commissioner on 03.1.2019 to consider the motion of no confidence that had been initiated by the Members. This Court, by its order dated 28.12.2018, had passed an interim order of stay.
2. Learned counsel appearing for the Members who had submitted the petition before the Assistant Commissioner as per Annexure ‘C’ states fairly that the petition submitted to the Assistant Commissioner contains allegations and in the light of the judgment of the Division Bench in W.A.Nos.844/2018 & 853/2018 & connected matters vide order dated 12.10.2018, the question of considering a motion of no confidence moved in terms of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 is impermissible.
3. A Memo has been filed by the learned counsel for respondents No.4 to 12. Learned counsel states that respondents No.4 to 12 would not insist on proceeding with the motion of no confidence, in the light of the contentions raised by the petitioner.
4. Noticing the complaint made to the Assistant Commissioner at Annexure ‘C’ it is clear that specific allegations have been made. If that were to be so, the motion of no confidence that has been moved is one that has been moved in terms of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 in the light of the law laid down by the Division Bench in W.A.Nos.844/2018 & 853/2018 & connected matters, no motion of no confidence can be moved till necessary rules are framed as regards motion of no confidence under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
5. Accordingly, the notice at Annexure ‘D’ is set aside. However, liberty is reserved to the Members to move a motion of no confidence under Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, as per law. If such motion of no confidence is moved, the Assistant Commissioner to ensure that there is no violation of the provisions of the Act of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994.
Accordingly, petition is disposed of.
Sd/- JUDGE bkp