IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.4242/2019 [LB-ELE] Between:
Smt.P.Shobha, W/o T.K.Shivaram, Aged about 42 years, President K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk Mandya District, Resident at No.254, Toppanahalli, K.Honnalagere Post, Madur Taluk, Mandya District-571 401. …Petitioner (By Sri.Chandrakanth.R.Goulay, Advocate) And:
1. The State of Karnataka, Rep by its Secretary Department of Rural Development & Panchayaraj, M.S.Building, Bengaluru-560 001.
2. The Assistant Commissioner, Mandya Sub-Division, Mandya-571 401.
3. Sri.H.T.Shivaramu, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
4. Smt.Puttamma, Age Major Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
5. Sri.H.M.Nagesh, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
6. Smt.V.K.Lakshmi, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
7. Sri.T.S.Mahadev, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
8. Sri.T.M.Puttaswamy, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
9. Smt.Shakunthala, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
10. Sri.R.S.Mahesh, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
11. Smt.A Pushpalatha, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
12. Smt.T.Manjula, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
13. Sri.Raju, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
14. Smt.H.K.Savitha, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401.
15. Sri.Manukumar, Age Major, Member, K.Honnalagere Grama Panchayath K.Honnalagere, Maddur Taluk, Mandya District-571 401. ... Respondents (By Sri.M.A.Subramani, HCGP for R1 and R2; Sri.M.Shivappa, Senior Counsel for Sri.S.Anil Kumar, Advocate for R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notice dated 10.01.2019 passed by the respondent No.2 as per Annexure-B, as arbitrary, illegal and void and in violation of the Karnataka Panchayat Raj (Motion of No- confidence against Adhyaksha and Upadyaksha of Grama Panchayat) Rules, 1994 and the Karnataka Gramaswaraj and Panchayath Raj Act.
This Writ Petition coming on for preliminary hearing this day, the Court made the following:
O R D E R The petitioner has challenged the notice at Annexure-B, whereby the Assistant Commissioner has fixed the date as 28.01.2019 to consider the motion of no confidence moved by the members. On perusal of Annexure-A, the petition submitted by the members would indicate that certain allegations have been made as against the President which is the subject matter of motion of no confidence. In the light of the order of the Division Bench in W.A.Nos.844/2018 and connected matters dated 12.10.2018, it is clear that motion of No- confidence, as contemplated under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereafter referred to as ‘Act) cannot be moved till relevant rules are framed. In the light of the present complaint at Annexure-A coming within the ambit of Section 49(2) of the Act, motion of no confidence cannot be proceeded with.
2. Sri.M.Shivappa, learned Senior Counsel appearing on behalf of respondent No.3 states that liberty may be reserved to move the motion of no confidence under Section 49 of the Act. In the light of setting aside of the notice at Annexure-B, the members are at liberty to move the motion of no confidence in terms of Section 49(1) of the Act. If such no motion of confidence is moved, the Assistant Commissioner to ensure that there would be no violation of the Karnataka Panchyath Raj (Motion of No confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules to consider the motion of no confidence which is moved.
3. Accordingly, the petition is disposed of. In view of the above, notice on Annexure-B is set aside.
4. No notice is deemed necessary as regards the other parties in the light of matter being disposed in view of the settled law.
Sd/- JUDGE UN