IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.6048/2019(LB-RES) BETWEEN:
SMT RANI S W/O SHIVALINGA NAYAKA AGED ABOUT 33 YEARS PRESIDENT KOTEKERE GRAMA PANCHAYATH R/O KOTEKERE VILLAGE, BEGUR HOBLI GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT - 571 109.
... PETITIONER (BY SRI.NAGARAJA R C., ADV.) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF PANCHAYATH RAJ M.S.BUILDING, DR B.R.AMBEDKAR VEEDHI BENGALURU - 560 001.
2. THE ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION, KOLLEGALA CHAMARAJANAGAR DISTRICT - 577 440 3. KOTEKERE GRAMA PANCHAYATH R/O KOTEKERE VILLAGE BEGUR HOBLI, GUNDLUPET TLAUK CHAMARAJANAGAR DISTRICT - 571 109.
4. K . RAGHAVENDRA S/O LATE. MAHADEVANAYAK AGED ABOUT 35 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. KOTEKERE VILLAGE & POST GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
5. SMT. P.SHEELA W/O BASAVARAJU AGED ABOUT 35 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O KOTEKERE VILLAGE & POST GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
6. MAHADEVASWAMY S/O CHIKKANAYAKA AGED ABOUT 32 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. KOTEKERE VILLAGE & POST GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
7. SMT. JAYASHREE W/O RAJU AGED ABOUT 32 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. KOTEKERE VILLAGE & POST GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
8. SMT. SANNATHAYAMMA D/O CHIKKANAYAK AGED ABOUT 42 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. KOTEKERE VILLAGE & POST GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
9. SMT. H.S.SHILPA W/O M. NANDISHA AGED ABOUT 30 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. BOGAYYANAHUNDI VILLAGE KOTEKERE POST, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
10. UMASHANKAR G.N. S/O M. GURUBASAPPA AGED ABOUT 38 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. BOGAYYANAHUNDI VILLAGE KOTEKERE & POST, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
11. SMT. GOWRAMMA W/O LATE. MAHADEVAPPA AGED ABOUT 68 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. KURUBARAHUNDI VILLAGE KOTE KERE POST, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
12. VENKATACHALA S/O CHIKKANDAIAH AGED ABOUT 33 YEARS MEMBER,KOTEKERE GRAMA PANCHAYATH R/O KURUBARAHUNDI VILLAGE KOTEKERE POST, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 109.
13. SMT. SUDHA W/O MAHESH AGED ABOUT 34 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. YADAVANAHALLI VILLAGE HOREYALA POST, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
14. SMT. PREMA W/O SIDDAIAH AGED ABOUT 36 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. CHANNAVODAYANAPURA VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
15. SMT. MAHADEVAMMA W/O JAYARAJU AGED ABOUT 36 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. YADAVANAHALLI VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
16. SIDDARAJU S/O LATE. MAHADEVAPPA AGED ABOUT 50 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. CHANNAVODAYANAPURA VILLAGE HOREYALA POST, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
17. SIDDAIAH S/O SIDDAIAH AGED ABOUT 42 YEARS MEMBER, KOTEKERE GRAMA PANCHAYATH R/O. SRIKANTAPURA VILLAGE HOREYALA POST, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT:571 109.
... RESPONDENTS (BY SRI.M.A. SUBRAMANI, HCGP. FOR R& R2, SRI. H.K. RAVI, ADV. FOR R4 TO R7, R9 TO R17, SRI. DILIP KUMAR, ADV. FOR R8, R3 SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE ISSUED BY THE R-2 ASSISTANT COMMISSIONER DTD:23.1.2019 AS ILEGAL AND ARBITRARY PRODUCED AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed against the impugned notice dated 23.1.2019 issued by the respondent No.2, Assistant Commissioner vide Annexure-A.
2. The case of the petitioner is that the petitioner is the President of the respondent No.3- Grama Panchayat. The respondent Nos.4 to 7 have filed a compliant under Rule 3(1) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short “the Rules”). Pursuant to the complaint, the Assistant Commissioner has issued a notice dated 23.1.2019 under Rule 3(2) of the said Rules vide Annexure-A fixing the date of meeting on 8.2.2019. Being aggrieved by the same, the petitioner has filed this writ petition on the ground that clear 15 days notice time has not been granted. This Court by order dated 7.2.2019 had granted interim order of stay of the notice at Annexure-A for a period of eight weeks.
3. The only question for consideration in this writ petition is that by notice dated 23.1.2019, the meeting was fixed on 8.2.2019. Since, the date of meeting itself is over, the proceedings have to commence afresh from the stage of issuing notice under Rule 3(2) of the said Rules.
4. As per the proviso to Rule 3(2) of the Rules, the Assistant Commissioner shall adjourn the said meeting and shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay, after giving to the members a notice of not less than fifteen clear days of such adjourned meeting.
5. In view of the above observation, the writ petition is disposed of. The impugned notice dated 23.1.2019 issued vide Annexure-A is quashed. The Assistant Commissioner is directed to comply as per the proviso to Rule 3(2) of the Rules.
Sd/- JUDGE DM