IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.17215/2018 (LB-ELE) Between:
Smt.Geetha, W/o Chandrashekar, Aged 35 years, Residing at, No.21, Mulenahalli, Belur Taluk, Yalahanka, Hassan District – 573216. …Petitioner (By Sri.P P Hegde, Advocate) And 1. The Assistant Commissioner, Sakleshpura Sub Division, Sakleshpura, Hassan District – 573134.
2. Sri. Ishware Gowda, S/o Uppe Gowda, Major Veradavenahalli, Beluru Taluk – 573121.
3. Sri. Chandrasheakar Malikarjunpura, S/o Sri. Late. Basave Gowda, Major, Yalahanka Grama, Beluru Taluk, Hassan District – 57312.
4. Sri. Chandraiyia, S/o Nirvanayya, Major, Yalahanka Grama, Beluru Taluk, Hassan District – 573216.
5. Smt. Dakshayani, W/o Sri. Late Hale Gowda, Major, Veradavenahalli, Beluru Taluk, Hassan District – 573121.
6. Sri. Ere Gowda, S/o Puppe Gowda, Major, Verapur, Beluru Taluk, Hassan District – 573216.
7. Sri. Shivakumar, S/o Shadhakshara, Major, Punyadapura, Yalahanka Grama, Beluru Taluk, Hassan District – 573121.
8. Smt. Chandramma, W/o Kumara, Major, Veradavenahalli, Yalahanka Grama Panchayat, Beluru Taluk, Hassan District – 573121.
9. Smt. Geetha, W/o Harish, Major, Yalahanka, Yalahanka Grama Panchayat, Beluru Taluk, Hassan District – 573216.
10. Smt. Kalyanamma, W/o Ramaiya, Aged Major, Verapur, Yalahanka Grama Panchayat, Beluru Taluk, Hassan District – 573216.
11. Smt. Yellama, W/o Krishna, Major, Punyapura Bovie Colony, Yalahanka Grama Panchayat, Beluru Taluk, Hassan District – 573216.
12. Sri. Hanumantha Bovhi, S/o Putta Bovhi, Major, Devihalli, Yalahanka Grama Panchayat, Beluru Taluk, Hassan District – 573216. …. Respondents (By Sri.M.A.Subramani, HCGP for R.1. and Sri.Chethan B, Advocate for R.2 to 12) This Writ Petition is filed praying to quash the notice dated 09.04.2018 bearing No.Election.43/2017- 18 issued by respondent No.1 at Annexure-A and quash the no confidence resolution dated 16.04.2018 passed by Yalahanka Grama Panchayat expressing no confidence with the petitioner/president of the Yalahanka Grama Panchayathi marked at Annexure-B and quash the notice dated 17.04.2018 issued by Election Officer, Taluk Panchayat Beluru Convening the meeting of Yalahanka Grama Panchayat on 24.04.2018 for the election of the new President of the Yelahanka Gram Panchayat which is produced at Annexure-C and declare that Section 49 of Gram Swaraj and Panchayat Raj Act 1993 is unconstitutional and etc., This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner who is the Adyaksha of Yalahanka Grama Panchayat has challenged the notice dated 09.04.2018 at Annexure-A issued by the Assistant Commissioner convening the meeting on 16.04.2018 to consider the ‘Motion of No Confidence’.
2. The petitioner contends that the notice was served on 11.04.2018 and hence, there is a violation of the requirement of 15 days clear notice prior to the meeting as provided for under Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994.
3. The learned counsel who represents the members, has filed a memo stating that they have no objection to allow the writ petition and the learned counsel states that in the light of the contention raised by the petitioner, they do not insist on continuing with the ‘Motion of No Confidence’ moved by them.
4. In the light of the same, the notice dated 09.04.2018 at Annexure-A is set-aside. However, liberty is reserved to the members to move fresh ‘Motion of No Confidence’ in accordance with Section 49 of the Act, if permissible under law.
5. The Assistant Commissioner to ensure that in the event of the fresh ‘Motion of No-Confidence’ being initiated, there should be strict adherence to period specified under Rule 3(2) and also other procedural requirements under Section 49 of the Karnataka Panchayath Raj Act, 1993.
Accordingly, writ petition is disposed of.
Sd/- JUDGE NBM