IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.56042/2018 (LB-ELE) Between:
Jiyaulla Khan, Son of Jamedar, Aged about 55 years, at present President Grama Panchayath, Karekatte, Resident of Karekatte-village, Channagiri-Taluk, Davanagere-District – 577 544. ... Petitioner (By Sri. Ramakrishna N, Advocate) And:
1. The Assistant Commissioner, Davanagere Sub-Division, Davanagere.
2. Karekatte Gramapanchayath, Channagiri Taluk, Davanagere District, Represented by its Panchayath Development Officer, 3. Smt. Shobha, Wife of Jagadish, Major, Member-Grama Panchayath, Karekette, Channagiri-Taluk, Davanagere-District, 4. Annappa D K, Son of Kamappa, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 5. Savithabayi, Wife of Hanumanthanayka, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 6. Naganayka, Son of Gopynayka, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 7. Smt. Farhanaz, Wife of Haron Mirza, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 8. Girishnayka of Sevyanayka, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 9. Smt. Kusuma, Wife of M.K.Revanasiddapa, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 10. Devendrappa, Son of A.K.Kenchappa, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 11. Syed Zameer, Son of Syed Alisab, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 12. Smt. Mamatha Patel, Wife of H.B.Patel, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 13. Syed Mahaboobsab, Son of Syed Akbar, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 14. Smt. Veena B.V, Wife of Venkateshwara G.H., Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davanagere-District, 15. Smt. Halibayi, Wife of Hanumanathanayka, Majore, Member-Grama Panchayath, Karekatte, Hallimallapura-village, Channgiri-Taluk, Davanagere-District. ... Respondents (By Sri. M.A.Subramani, HCGP for R1 Sri. A. Nagarajappa, Advocate for R4-6, R8-10 & R12-15 R3, R7 &R11 – Served but unrepresented Vide Order dated 16.01.2019, notice to R2 is dispensed with) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notice issued by R-1 dated 07.12.2018 produced at Annexure-c to the writ petition and grant an interim order to stay the operation and execution of the notice issued by the R-1 dated 07.12.2018 produced as annexure-C to the writ petition and all further proceedings in pursuant to thereof pending disposal of the top noted writ petition.
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 Karekatte Grama Panchayat, Channagiri Taluk, Davanagere District, has challenged the notice at Annexure-C dated 07.12.2018, whereby the Assistant Commissioner has convened a meeting on 27.12.2018 to consider the motion of no- confidence that has been moved by the members.
2. Sri. A. Nagarajappa, learned counsel appearing for the contesting respondent Nos.4 to 6, 8 to 10 and 12 to 15 in all fairness states that the complaint made by the members was submitted to the Assistant Commissioner on 20.11.2018 and the meeting sought to be convened is on 27.12.2018 which is beyond the period of 30 days and hence, states that prima facie, the present motion of no- confidence cannot be proceeded with.
3. In light of Rule 3(2) of the Karnataka Panchayath Raj (Motion of No Confidence against the Adyaksha and Upadyaksha of Grama Panchayath) Rules, 1994 (for short ‘the Rules’), it is clear that the Assistant Commissioner is required to fix the date for considering the motion of no-confidence, not later than 30 days from the date on which the complaint has been submitted to the Assistant Commissioner.
4. In view of the fact that the complaint is submitted on 20.11.2018, there is a clear violation of Rule 3(2) of the Rules. It is also settled legal position of law that the procedure as contemplated under Rule 3(2) of the Rules is mandatory.
5. Accordingly, on this ground alone, the notice at Annexure-C dated 07.12.2018 is set aside. However, liberty is reserved to the members who are arrayed as respondents herein to move a fresh motion of no-confidence in accordance with law and procedure. If such motion of no-
confidence is moved, the Assistant Commissioner to ensure that the procedure contemplated under Rule 3(2) of the Rules and Section 49 of the Karnataka Grama Swaraj and Panchayath Raj Act, 1993 is adhered to strictly without giving any room for lapse, in light of the fact that earlier motion of no-confidence has failed in light of lapse by the Assistant Commissioner.
Accordingly, petition is disposed of.
Sd/- JUDGE NR/-