IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL No.156/2019 (LB-ELE) BETWEEN:
SMT. POORNIMA SUDHIN W/O SUDHIN KUMAR AGED ABOUT 36 YEARS PRESIDENT, ALDUR GRAMA PANCHAYATH ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 ... APPELLANT (BY SHRI. CHANDRAKANTH R. GOULAY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF RURAL DEVELOPMENT & PANCHAYATRAJ, M.S.BUILDING BENGALURU–560 001 2. THE ASSISTANT COMMISSIONER CHIKKAMAGALUR SUB DIVISION CHIKKAMAGALUR–577 201 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH CHIKKAMAGALUR DISTRICT–577 201 4. SMT SAVITHA W/O KRISHNAPPA AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 5. SRI RAMESH S/O GANGEGOWDA AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 6. SMT. D.P. RATNA W/O CHANDREGOWDA AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 7. SRI KAUSHIK S/O DEVEGOWDA AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 8. SMT. SHYLA W/O SOMASHEKAR AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 9. SRI. S.C. EEREGOWDA S/O CHOWDEGOWDA AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 10. SRI MOHIDDIN KUTTE S/O UMMAR AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 11. SRI BHADRAIAH S/O NINGAIAH AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 12. SRI VASANTHKUMAR S/O HUCCHAIAH AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 13. SMT. HEMAVATHI W/O LOKESH AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 14. SRI. A.D. KUMARSWAMY S/O DEVEGOWDA AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 15. SRI. H.S. KHAVEESH S/O SIDDEGOWDA AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 16. SMT. NAGEENA W/O NOOR AHMED AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 17. SRI D.B. ASHOK S/O BASAVEGOWDA AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 18. SRI LIYAKAT ALI AGE MAJOR R/O ALDUR GRAMA PANCHAYAT ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 19. SMT. SHARADA W/O SESHAIAH AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 20. SRI ASHRAF S/O UMAR AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 21. SMT. SUDAGIRISH W/O GIRISH AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 22. SMT. SHEELA W/O SANJEEV AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 23. SRI NAVARAJ S/O MULLAIAH AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 24. SMT. B.R. NAGARATHNA W/O NAGESH AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 25. SMT. PRATHIBHA W/O NAVEEN AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 26. SRI K.H. SHIVAKUMAR S/O HALAPPAGOWDA AGE MAJOR ALDUR POST, CHIKMAGALUR TALUK CHIKMAGALUR–577 201 ... RESPONDENTS (BY SHRI. S.H. PRASHANTH, AGA FOR R1 TO R3; SHRI. D.R. RAVISHANKAR, ADVOCATE FOR R25;
R4 TO 13, 16, 19, 21 & 24 SERVED BUT UNREPRESENTED) . . . .
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE MADE IN WP NO.50210/2018 DATED 15/12/2018 AND TO ALLOW THE WRIT APPEAL IN ITS ENTIRETY AND TO PASS APPROPRIATE SUITABLE ORDER THIS WRIT APPEAL IS COMING ON FOR ORDERS THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:-
J U D G M E N T Though this appeal is listed for orders regarding office objections, as prayed for by learned Advocates for the parties, the same is heard for final disposal.
2. This appeal is presented by petitioner before the Hon’ble Single Judge challenging order dated 15.12.2018 in W.P. No.50210/2018.
3. For the sake of convenience, parties shall be referred to as per their status in the writ petition.
4. Briefly stated the facts of the case are, petitioner was elected as President of Aldur Grama Panchayath, Chikmagalur Taluk on June 30, 2015. On February 14, 2018, two persons namely Shri. Ashok C.B. and Shri. Kavish submitted a complaint to the Assistant Commissioner under Section 49(2) of Karnataka Gram Swaraj and Panchayath Raj Act, 1993 (‘Act’ for short) with a request to move a ‘No Confidence’ motion against petitioner. The Assistant Commissioner rejected their request. On October 26, 2018, a second complaint was submitted leveling certain allegations against the petitioner. A copy of the complaint was sent to the petitioner and she submitted her reply denying the allegations. The Assistant Commissioner issued a notice on November 2, 2018 stating that a meeting would be conducted on November 17, 2018 in Aldur Grama Panchayath to consider the ‘No Confidence’ motion. Petitioner challenged the said notice in the instant writ petition contending inter alia that a motion of ‘No Confidence’ moved with allegations is a motion under Section 49(2) of the Act and such motion is impermissible in view of the law laid down by this Court in Writ Appeal No.844/2018 and connected appeals decided on October 12, 2018. The Hon’ble Single Judge has disposed of the writ petition granting liberty to the members to move ‘No Confidence’ motion under Section 49(1) of the Act. Feeling aggrieved, petitioner has presented this writ appeal.
5. Shri.Chandrakanth R.Goulay, learned Advocate for the appellant submits that the complainants having made two unsuccessful attempts to move ‘No Confidence’ against petitioner under Section 49(2) of the Act, the Hon’ble Single Judge erred in granting liberty to make a fresh motion under Section 49(1) of the Act.
6. Shri. D.R. Ravishankar, learned Advocate for respondent No.25 submits that a motion under Section 49(1) is completely independent. The second proviso to Section 49(1) protects Adhyaksha or Upadhyaksha against ‘No Confidence’ motion for first thirty months.
Further, the third proviso to the said provision restrains a second motion within two years from the date of previous motion. Hence, there is no bar to move under Section 49(1) of the Act, subject to restrictions contained therein. Accordingly, he prays for dismissal of this appeal.
7. We have carefully considered the rival contentions and perused the records.
8. Petitioner’s only grievance in this writ appeal is with regard to the Hon’ble Single Judge granting liberty to the complainants to move a fresh ‘No Confidence’ motion under Section 49(1) of the Act.
9. Section 49 of the Act reads as follows:
“49. Motion of no-confidence against Adhyaksha or Upadhyaksha of Grama Panchayat.– (1) Every Adhyaksha or Upadhyaksha of Grama Panchayat shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of not less than two thirds of the total number of members of the Grama Panchayat at a meeting specially convened for the purpose in accordance with the procedure as may be prescribed:
Provided that no such resolution shall be moved unless notice of the resolution is signed by not less than one-half of the total number of members and at least ten days notice has been given of the intention to move the resolution:
Provided further that no resolution expressing want of confidence against an Adhyaksha or Upadhyaksha, shall be moved within the first thirty months from the date of his election:
Provided also that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by a Grama Panchayat a similar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, within two years from the date of the decision of the Grama Panchayat.
(2) Notwithstanding anything contained in sub-section (1), no resolution expressing want of confidence against an Adhyaksha or Upadhyaksha, shall be moved except on specific allegation of misuse or abuse of power or authority in executing any scheme, action plan or direction of Government or project of the panchayat or of misappropriating funds or other assets of the panchayat during the term of his membership or otherwise indulging in corruption or misconduct in the course of exercising his functions.”
(emphasis supplied) 10. It is not in dispute that complainants filed two earlier complaints under Section 49(2) of the Act. Section 49(1) provides for moving a ‘No Confidence’ motion by giving a 10 days’ notice of resolution signed by not less than one-half of the total number of members. Shri. D.R. Ravishankar is right in his submission that the second proviso protects an Adhyaksha or Upadhyaksha against any ‘No Confidence’ motion for first thirty months. The third proviso places an embargo from making a subsequent motion within two years from the previous decision.
11. Thus in our view, ‘No Confidence’ motion under Section 49(1) of the Act subject to the conditions mentioned therein is independent of any motion made under Section 49(2) of the Act.
12. In view of the above discussion, we find no merit in this appeal and it is accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE SPS