IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO.58007 OF 2018 (LB-RES) BETWEEN:
J. Ramesh S/o. Javaraiah Aged about 51 years Adhyaksha Kadakola Grama Panchayath Jayapura Hobli Mysuru Taluk & District – 571 311. ….. Petitioner (By Sri Chandrakanth R. Goulay, Advocate) AND:
1. State of Karnataka Represented by its Secretary, Department of Rural Development and Panchayathraj M.S. Building Bengaluru – 560 001.
2. The Asst. Commissioner Mysuru Sub Division Mysuru – 570 001.
3. The Executive Officer Taluk Panchayath Mysuru – 570001.
4. The Panchayath Development Officer Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District.
5. Sri Beeregowda Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
6. Sri Swaminayak Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
7. Sri Shivalingegowda Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
8. Sri Nanjundaswamy M.S Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
9. Sri Mahadev Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
10. Smt. Kumari Prakash Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
11. Smt. Jyothi Beraiah Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
12. Smt. Indira Ravi Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
13. Sri Ramesh Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
14. Sri Lokesh (Veeraiah) Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
15. Sri Ravi.M Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
16. Smt. Lakshmi Suresh Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
17. Smt. Anusaya Siddaiah Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
18. Smt. D. Prema Shankar Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
19. Smt. Uma Naganna Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
20. Smt. Lokamma Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
21. Smt. Chandramma Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
22. Smt. Sumalatha Chandru Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
23. Smt. Sheela Ravi Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
24. Smt. Renuka Appaji Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311.
25. Sri Shivakumar Age Major, Member Kadakola Grama Panchayath Kadakole, Jayapura Hobli Mysuru Taluk & District – 571311. ...Respondents (By Sri Anandeeshwara, HCGP for R1 & R2, Sri B.J. Somayaji, Advocate for R3 to R4, Sri H.Mohankumar, Advocate for R5 to R9, R13, R14, R16 to R18, R20 to R24, Sri Honnur Ali, Advocate for R12, R19 and R25, R10, R11, R15 – Served through Hand Summons) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice dated 12.12.2018 issued by the R2 vide Annexure-E as the same is illegal, arbitrary and without authority of law and etc., This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R In this writ petition, the petitioner is challenging the notice dated 12.12.2018 calling for meeting on 28.12.2018 for moving motion of no confidence against the petitioner. Subsequently, motion of no confidence has been moved against the petitioner on 28.12.2018 and he has been removed from the post of Adhyaksha. Subsequently, on 16.01.2019 the calendar of events has been issued fixing 25.01.2019 as the date of election to the post of Adhyaksha. The same has been stayed by this Hon’ble Court vide order dated 24.01.2019.
2. Now both learned counsel appearing for the petitioner as well as respondents submitted that the writ petition can be allowed and resolution passed against the petitioner can be quashed reserving liberty to the respondents-members to move for motion of no confidence against the petitioner for removing him from the post of Adhyaksha of the Gram Panchayat in accordance with law.
3. In view of the submission made by both the parties, the writ petition is allowed. The order dated 12.12.2018 at Annexure-E and the resolution dated 28.12.2018 at Annexure-F are quashed reserving liberty to the members of the Panchayat to move motion of no confidence against the petitioner under Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, if they are so advised.
4. In view of the setting aside of the notice dated 12.12.2018 at Annexure-E and the resolution dated 28.12.2018 at Annexure-F, it is needless to say that the petitioner would be restored to the post of Adhyaksha of the Panchayat.
With the above observations, the writ petition is disposed of.
ssb Sd/-
JUDGE