IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.8158/2019 (LB ELE) Between Smt. Gowramma Aged about 38 years, W/o Mahadeva Shetty, R/at Hemmaragala village, Doddakavalande Hobli, Nanjangud Taluk, Mysore District-571 312. ... Petitioner (By Sri Varun J Patil, Adv. of Medini Law.) And 1. State of Karnataka Department of Panchayat Raj and Rural Development, M.S.Building, Bangalore-560 001 Represented by its Secretary.
2. The Assistant Commissioner Mysore Sub-Division Mysore District-570001.
3. Hemmaragala Gram Panchayat Grama Panchayat Office Hemmaragala, Nanjangud Taluk, Mysore District-571312 By its Secretary.
4. Smt.Chikkamadamma W/o Karishetty Aged about 55 years, Hemmaragala village and post, Doddakalavenda Hobli, Nanjangud Taluk, Mysore District-571312 5. Sri Purshotamma S/o D.Beregowda Aged about 38 years, Hemmaragala village and post, Doddakalavenda Hobli, Nanjangud Taluk, Mysore District-571312 6. Sri Puttamadashetty S/o Ningashetty Aged about 38 years, Hemmaragala village and post, Doddakalavenda Hobli, Nanjangud Taluk, Mysore District-571312.
7. Smt. Gurusidamma W/o Mahadevaiah, Aged 50 years, Hemmaragala village and post, Doddakalavenda Hobli, Nanjangud Taluk, Mysore District-571312 8. Smt. Prabha W/o Mahadevnaik Aged about 48 years Hemmaragala village and post, Doddakalavenda Hobli, Nanjangud Taluk, Mysore District-571312 9. Sri Mahadevshetty S/o Doddamahadevshetty Aged about 42 years, Hemmaragala village and post, Doddakalavenda Hobli, Nanjangud Taluk, Mysore District-571312.
10. Smt. Shivmamma W/o Ranganaik Aged about 50 years Kumbrahalli village, Hemmaragala post, Nanjangud taluk, Mysore District-571312 11. Smt. Uma W/o M.D.Kumar Aged about 38 years Mallahall village, Halepura post Nanjangud Taluk Mysore District-571312 12. Sri Narayan S/o Huchaiah, Aged about 47 years Mallahalli village, Halepura post, Nanjangud Taluk Mysore District-571312 13. Smt. Chikkadevamma W/o Mahadevnaik Aged about 48 years Mallahalli village, Halepura post Nanjangud Taluk Mysore District-571 312.
14. Sri.Siddaraju.j S/o Javarenaik, Aged about 34 years Mallahalli Village, Halepura post Nanjangud Taluk Mysore District-571312 15. Smt. Chandramma W/o Siddaraju, Aged about 36 years Mallahalli village, Halepura post Nanjangud Taluk Mysore District-571 312 16. Smt. Mala W/o Ramesh, Aged about 32 years Mallahalli village, Halepura post, Nanjangud Taluk, Mysore District-571 312 17. Sri Kariappa S/o Doddalingappa Aged about 42 years Bhujagaianahundi village and post, Doddakavalode post Nanjangud Taluk Mysore District-571312 18. Smt. Rajamma W/o Naganaik, Aged about 55 years Kumbrahalli Grama Hemmaragala post Nanjangud Taluk Mysore District-571 312. ... Respondents (By Sri M.A.Subramani, HCGP for R1 and R2, R3 – Served (Memo is filed) Sri Ravi H.K, Adv. of Kantharaja & Associates for R4 to R6, R8 to R11 and R13 to R18, R7 and R12 – Service of Notice is dispensed with as per the Order dt.18/02/2019. ) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the meeting notice vide Annexure-D dtd:11.2.2019 issued by the R-2 etc.
This Writ Petition coming on for ‘Orders’, this day, the Court made the following:
ORDER The petitioner who is Adhyaksha of Hemmaragala Grama Panchayath, has challenged the notice issued by the Assistant Commissioner at Annexure-D contending that the complaint by the members at Annexure-B contains allegations and in light of the allegations found in the complaint, the Assistant Commissioner ought not to have issued notice. It is contended that in light of the Judgment in the case of Smt.Lakshmamma v. State of Karnataka and Others reported in 2019 (1) Kar.L.J.94, it is clear that no motion of `no-confidence’ under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 can be moved with allegations and cannot be considered till Rules in that regard are framed by the State Government.
2. Learned counsel for the Respondents contends that the members have submitted no-confidence motion before the Assistant Commissioner stating that they do not intend to proceed with the `no-confidence’ motion submitted to the Assistant Commissioner on 17.1.2019.
3. In light of the memo filed and statement made before the Court, Annexure-D is set aside. Liberty is however reserved to the members of the Grama Panchayath to move motion of `no-confidence’ in light of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 if permissible in law and if such a motion is moved, the Assistant Commissioner shall ensure strict compliance with the Rules.
4. Petition is disposed of subject to the above observations.
In view of disposal of the matter, no orders are called for as regards I.A.I/19, accordingly, said IA is disposed of.
Sd/-
JUDGE Sk/-
CT-HR