IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 16TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.2938 OF 2018 (LB-RES) BETWEEN N. CHOWDAPPA SON OF LATE NARAYANAPPA, AGED ABOUT 70 YEARS, RESIDING AT SARKARA GUTTAHALLI VILLAGE, KASABA HOBLI, DODDAGATTIGANABBE POST, HOSAKOTE-562 114.
... APPELLANT (BY SRI SHRIHARI K., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, PANCHAYATHRAJ DEPARTMENT, VIDHANASOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA-562 101.
3. DODDAGATTIGANABBE VILLAGE PANCHAYATH KASABA HOBLI, HOSAKOTE TALUK-562 114, THE PANCHAYATH DEVELOPMENT OFFICER.
4. HOSAKOTE TALUK PANCHAYATH OFFICE OF THE TALUK PANCHAYATH, HOSAKOTE-562 114, BENGALURU RURAL DISTRICT, REPRESENTED BY ITS EXECUTIVE OFFICER.
5. MALA V WIFE OF MANJUNATH, MAJOR, MEMBER, DODDAGATTIGANABBE VILLAGE PANCHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
6. NAGAMMA WIFE OF NAGARAJU, MAJOR, MEMBER, DODDAGATTIGANABBE VILLAGE PANCHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
7. MUNIRAJU SON OF LATE B. MUNIYAPPA, AGED ABOUT 47 YEARS, RESIDING AT KANNURAHALLI VILLAGE, KASABA HOBLI, DODDAGATTIGANAPPE POST, HOSKOTE-562 114.
8. S. SUMA HUSBAND NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODDAGATTIGANABBE VILLAGE PANCHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
9. S. SUJATHA HUSBAND NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODDAGATTIGANABBE VILLAGE PANCHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
10. SAROJAMMA HUSBAND NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODDAGATTIGANABBE VILLAGE PANCHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
11. A. MANJULA HUSBAND NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODDAGATTIGANABBE VILLAGE PANCHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
12. SAMPANGAMMA HUSBAND NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODDAGATTIGANABBE VILLAGE PANCHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
13. SRINIVASU FATHER NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODAGATTIGANABBE VILLAGE PANCAHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
14. MURULI FATHER NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODAGATTIGANABBE VILLAGE PANCAHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
15. K.M. MUNIYAPPA FATHER NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODAGATTIGANABBE VILLAGE PANCAHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
16. B.S. VENKATRAMANAPPA FATHER NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODAGATTIGANABBE VILLAGE PANCAHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
17. KUSUMA HUSBAND NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODAGATTIGANABBE VILLAGE PANCAHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
18. MAHESHA FATHER NAME NOT KNOW TO THE APPELLANT, MAJOR, MEMBER, DODAGATTIGANABBE VILLAGE PANCAHAYATH, KASABA HOBLI, HOSAKOTE TALUK-562 114.
... RESPONDENTS (BY SRI S.S. MAHENDRA, AGA FOR R-1 AND R-2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.44107 OF 2018 DATED 09/10/2018 AND CONSEQUENTLY ALLOW THE APPEAL BY QUASHING THE NO-CONFIDENCE RESOLUTION DATED 22/09/2018 PASSED BY THE 3RD RESPONDENT - ANNEXURE-A, DODDAGATTIGANABBE GRAMA PANCHAYATH AND NOTICE ISSUED BY 2ND ASSISTANT COMMISSIONER, DODDABALLAPUR SUB-DIVISION, BEARING NO.ELN:CR:87/2018 DATED 17/09/2018 - ANNEXURE-B.
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the interim order passed by the learned Single Judge dated 17-9-2018 in Writ Petition No.44107 of 2018 holding that the result of the meeting to be held the next date, that is, 10-10-2018, would be subject to the result of the petitions, the petitioners have filed this appeal.
2. The ‘No Confidence Motion’ was scheduled to be held on 10-10-2018 against the writ petitioners. There was no interim order to stay the meeting. It is submitted that in the meeting, it was held that there is no confidence against the petitioners. Even otherwise, the learned Single Judge has held that the result of the meeting would be subject to the result of this petition. Hence, we find no ground to interfere with the impugned order. Writ appeal is accordingly dismissed.
Sd/- Sd/-
JUDGE JUDGE rsk/-