IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.51851/2019 (LB-ELE) Between:
Smt. Rathnamma, W/o Dyavegowda, Aged about 47 years, Adhyaksha, Yattambadi Grama Panchayath, Yattambadi, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 401. … Petitioner (By Sri Vighneshwar S. Shastri, Advocate) And:
1. State of Karnataka, Represented by its Principal Secretary to Rural Development And Panchayathraj, M.S. Building, Bengaluru – 560 001.
2. Deputy Commissioner, Mandya District, Mandya -571 401.
3. Election Officer and Assistant Commissioner, Mandya Sub-Division, Mandya District – 571 401.
4. Executive Officer, Taluka Panchayath, Malavalli Taluk, Mandya District – 571 401.
5. Panchayath Development officer, Yattambadi Gram Panchayath, Yattambadi, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 401.
6. Smt. Varalakshmi Y.K., W/o Sri Aswath, Aged about 35 years, Yattambadi Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
7. Sri Kenchegowda, S/o Kenchegowda, Aged about 44 years, Yattambadi Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
8. Sri C. Munichowdashetty, S/o Sri Chowdashetty, Aged about 28 years, Yattambadi Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
9. Smt. Jayalakshmi, W/o Sri Swamy, Aged about 33 years, Belathur Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
10. Sri B.S. Dayanidhi, S/o Late Sheergalaiah, Aged about 52 years, Belathur Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
11. Smt. Rathnamma, D/o Sri Chikkanna, Aged about 35 years, Hosapura Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
12. Sri Jayaramu, S/o Late Balaramegowda, Aged about 32 years, Antharavalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
13. Sri A.R. Nagesh, S/o Late A.G. Shivalingegowda, Aged about 49 years, Antharavalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
14. Smt. Shivamma, W/o Sri Shivakumar A.S., Aged about 32 years, Antharavalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
15. Smt. Bhagya, W/o Late Puttaswamy, Aged about 40 years, Antharavalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
16. Sri D. Umesh, S/o Sri D.C. Doddalingegowda, Aged about 44 years, Dadamalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
17. Sri D.C. Kumar, S/o Late Chikkannagowda, Aged about 37 years, Antharavalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
18. Smt. Jayamma, W/o Late Nathegowda, Aged about 55 years, Antharavalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
19. Smt. Bhagyamma, W/o Sri Siddaraju, Aged about 43 years, Dadamahalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
20. Sri H.M. Mahesh, S/o Late Marigowda, Aged about 40 years, Hullahalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
21. Sri Inayath Pasha, S/o Late Abdul Jabbar Sab, Aged about 47 years, Antharavalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
22. Smt. Latha S., W/o Sri Manchegowda, Aged about 41 years, Hullahalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421. … Respondents (By Sri M.A. Subramani, HCGP for R1 to R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice dated 25.11.2019 issued by R-3 as per Annexure-J holding the same as without jurisdiction an contrary to the provisions of Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksh and Upadhyaksha of Grama Panchayat) Rules, 1994 and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court, made the following:
ORDER Petitioner has challenged the notice at Annexure-J issued by the Assistant Commissioner convening the meeting on 13.12.2019 to consider the motion of no confidence.
2. Petitioner is stated to be the Adhyaksha of Yattambadi Grama Panchayath. Petitioner has challenged the action of the Assistant Commissioner in convening the meeting. It is noticed that the complaint was delivered to the Assistant Commissioner on 21.11.2019, though dated 06.11.2019.
3. Learned counsel for the petitioner contends that the complaint was dated 06.11.2019 and the embargo contained in Rule 3(2) of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules, 1994, (for short ‘the Rules’) is that the meeting should not be convened beyond the period of 30 days from the date the notice was delivered. It is contended that if the date of the complaint is taken note of, that is, 06.11.2019, the meeting would be beyond the period of 30 days stipulated under Rule 3(2) of the Rules.
4. However, the learned High Court Government Pleader has obtained records and points out that admittedly complaint was delivered on 21.11.2019 as is revealed from the records and also the endorsement on the compliant at Annexure-H.
5. In light of the same and noticing that Rule 3(2) provides that the period of 30 days is to be calculated from the date on which the notice under sub- rule (1) was delivered to the Assistant Commissioner, the said contention of the petitioner is rejected.
6. As regards the contention of the petitioner that a clear notice of 15 days ought to be given as per Rule 3(2) to the petitioner, the learned High Court Government Pleader points out that notice has been served on the petitioner personally on 27.11.2019 and notice has been dispatched on 27.11.2019 by a registered post.
7. The Panchayat Development Officer is present in the Court and states that notice was served in person on 27.11.2019 and an affidavit to that effect is filed. There is no reason to doubt the veracity of the said affidavit. No other ground is urged to impugn the action of the Assistant Commissioner.
Accordingly, petition is rejected subject to above observations.
Sd/- JUDGE VP