IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.13577/2019 (LB-ELE) Between:
Smt. Geetha, W/o Anand, Aged about 39 years, R/at: No.73, Vasudevapura Village, Taralu Hobli, Kanakapura Main Road, Bengaluru South Taluk, Bengaluru – 560 082. ... Petitioner (By Sri D.R. Ravishankar, Advocate) And:
1. The State of Karnataka, Department of Panchayat Raj, M.S. Building, Bengaluru – 560 009, Represented by its Secretary.
2. The Deputy Commissioner, Bengaluru Urban District, K.G. Road, Bengaluru – 560 009.
3. The Assistant Commissioner, Bengaluru South Sub-Division, 2nd Floor, Kandhaya Bhavan, K.G. Road, Bengaluru – 560 009.
4. The Chief Executive Officer, Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
5. Smt. Sujatha M., Aged about Major, W/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
6. Sri G. Shankar, Aged about Major, S/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
7. Smt. Ratnamma Manjunath, Aged about Major, W/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
8. Smt. Chandramma Muniyappa, Aged about Major, W/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
9. Smt. D.T. Nagaveni Ramachandra Gowda, Aged about Major, W/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
10. Smt. Kavitha Ramakrishnaiah, Aged about Major, W/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
11. Smt. Chaitra S., Aged about Major, W/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
12. Smt. Shoba V.B., Aged about Major, W/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
13. Sri M. Allabakash, Aged about Major, S/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
14. Sri K.Y. Shivanna, Aged about Major, S/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
15. Smt. Umadevi, Aged about Major, W/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
16. Sri C. Mahadevaiah, Aged about Major, S/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
17. Sri Pavan C. Rangaswamy, Aged about Major, S/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
18. Smt. Parwatamma, Aged about Major, W/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
19. Sri K.R. Shridhar, Aged about Major, S/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070.
20. Sri R. Rajesh, Aged about Major, S/o not known, Member of Taluk Panchayat, Bengaluru South Taluk, S. Kariyappa Road, Banashankari, Bengaluru – 560 070. … Respondents (By Sri M.A. Subramani, HCGP for R-1 to R-3;
Sri Malla Reddy B.V., Advocate for C/R-17 & R-19) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned notice dated 08.03.2019 issued by respondent No.3 Assistant Commissioner as per Annexure-A and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R The petitioner who is the President of the Gram Panchayat, Bengaluru South Taluk has challenged the notice at Annexure-A dated 08.03.2019 and contends that the same is without jurisdiction.
2. It is pointed out that the purpose of moving the motion of no-confidence against Adhyaksha will have to be proceeded strictly in accordance with the procedure prescribed under Sections 140 and 141 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘the Act’ for brevity).
3. Learned Additional Government Advocate fairly concedes that the notice is one without jurisdiction. In light of the express requirement under Section 141 of the Act, it is clear that the motion of no-confidence by the requisite number of members i.e., not less than 1/3rd of the total number of members, is to be submitted to the Adhyaksha and on default on the part of the Adhyaksha in taking action, the Upadhyaksha or 1/3rd of the total number of members may call for a special meeting at any day not later than 15 days from the date of presentation of the complaint. After the presentation of such request the Executive Officer is required to give notice and take necessary steps to convene such meeting.
4. In light of the express requirement under Sections 140 and 141 of the Act, the notice at Annexure-A dated 08.03.2019 by the Assistant Commissioner being in contravention of the said legal requirement, is set-aside as being one without jurisdiction.
5. Looking into the nature and the contentions raised and also noticing that Annexure-A dated 08.03.2019 is one without jurisdiction and no relief is sought for against the other members of the Taluk Panchayat, no purpose would be served by service of notice on the other respondents. Hence, notice to the unserved respondents is dispensed with.
6. Accordingly, notice at Annexure-A dated 08.03.2019 is set-aside. However, liberty is reserved to the members of the Taluk Panchayat to initiate action if so they intend, strictly in accordance with Sections 140 and 141 of the Act.
7. Accordingly, the petition is allowed, subject to the above observations.
Sd/- JUDGE SJK