IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.6864/2019 (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 - 577002 (By Sri. N. Ramakrishna, Advocate) And:
1. The Assistant Commissioner, Davanagere Sub-Division, Davanagere – 577002.
2. Karekatte Gramapanchayath, Channagiri Taluk, Davanagere District-577002. Represented by it’s Panchayath Development Officer.
3. Smt Shobha, Wife of Jagadish, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk: Davanagere District - 577002 ... Petitioner 4. Annappa. D. K, Son of Kamappa, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk: Davanagere-District – 577002.
5. Savithabayi, Wife of Hanumanthanayka, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk: Davanagere-District – 577002.
6. Naganayka, Son of Gopynayka, Major, Member-Grama Panchayath, Karekatte, Channagiri Taluk: Davanagere-District – 577002.
7. Smt. Farhanaz, Wife of Haron Mirza, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk: Davanagere-District – 577002.
8. Girishnayka of Sevyanayka, Major, Member-Grama Panchayath, Karekatte, Channagiri-Taluk, Davangere District - 577002 9. Smt Kusuma Wife of M K Revanasiddappa Major, Member-Grama Panchayath, Karekatte, Channagiri Taluk, Davangere District - 577002 10. Devendrappa Son of A K Kenchappa Major, Member-Grama Panchayath, Karekatte, Channagiri Taluk Davangere District - 577002 11. Syed Zameer Son of Syed Alisab Major, Member-Grama Panchayath, Karekatte, Channagiri Taluk Davangere District - 577002 12. Smt Mamatha Patel Wife of H B Patel Major Member-Grama Panchayath, Karekatte, Channagiri Taluk Davangere District - 577002 13. Syed Mahaboobsab Son of Syed Akbar Major, Member Grama Panchayath, Karekatte Channagiri Taluk Davangere District - 577002 14. Smt Veena B V Wife of Venkateshwara G H Major, Member Grama Panchayath, Karekatte, Channagiri Taluk Davangere District - 577002 15. Smt Halibayi Wife Of Hanumanathanayka Major, Member Grama Panchayath, Karekatte, Channagiri Taluk Davangere District - 577002 (By Sri. M.A.Subramani, HCGP for R1; Sri. Nagarajappa, Advocate for C/4 & R6) ... Respondents This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to quash the notice issued by R-1 dated 01.02.2019 produced as Annexure-C to the writ petition and etc., This Writ Petition coming on for Order this day, the Court made the following:
ORDER The petitioner who is the President of the Karekatte Gramapanchayath has challenged the notice issued by the Assistant Commissioner dated 01.02.2019 fixing the date as 21.02.2019 to consider the motion of no-confidence moved by the members. Copy of the complaint has been produced by learned counsel for the caveators/respondent Nos.4 and 6.
2. Perusal of the said complaint dated 01.02.2019 would reveal that the complaint is a motion of no-confidence moved simpliciter in terms of Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘the Act’ for brevity). No grievance is made as regards the violation of Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, nor there is any violation pointed out.
3. It is the only contention of the petitioner that the motion of no-confidence could not have been moved afresh as, on an earlier occasion, an attempt was made and this Court, by its order dated 16.01.2019, had set aside the notice moved on the basis of a complaint on the ground that the Assistant Commissioner had convened the meeting beyond the period of thirty days.
4. There is no bar as regards moving of a fresh motion of no-confidence under Section 49(1) of the Act under the Statute, in view of which and also noticing no other ground is being made out as regards violation of Rule 3(2) of the Karnataka Panchayat Raj (Motion of No- Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, no grounds are made out to interfere with the notice.
5. Accordingly, notice at Annexure-C dated 01.02.2019 is set aside. The petitioner, however, submits that proceedings ought to be initiated against some of the members who had not been attending the meetings and appropriate representation has already been made to the concerned authority.
6. I.A.No.1/2019 has been filed seeking to amend the petition and raise additional contentions. In that regard, all that could be stated is proceedings as regards such of the members who had not been attending regularly is by way of separate proceeding and has nothing to do with the present process initiated pursuant to the motion of no-confidence moved by the members. Liberty is reserved to the petitioner to pursue such remedy as may be permissible before appropriate authority to initiate action against members who have been absenting to the meetings of the panchayat.
Subject to the above observations, this petition is disposed of.
No orders required as regards I.A.No.1/2019.
Sd/- JUDGE RB