IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.35092/2018 (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. The Deputy Commissioner, Mandya District, Mandya – 571 401.
3. Election Officer and Assistant Commissioner, Mandya Sub Division, Mandya District – 571 401.
4. Panchayath Development Officer, Yattambadi Grama Panchayath, Yattambadi, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 401.
5. Executive Officer, Taluka Panchayath, 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 Sheeragalaiah, 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, Dadamahalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
17. Sri D.C. Kumar, S/o Late Chikkannagowda, Aged about 37 years, Dadamahalli Village, Kasaba Hobli, Malavalli Taluk, Mandya District – 571 421.
18. Smt. Jayamma, W/o Late Nathegowda, Aged about 55 years, Dadamahalli 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, Hullahalli 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 Smt. Prathima Honnapura, AGA for R1 to R3; Sri B.J. Somayaji, Advocate for R4 & R5;
Sri Rajendra K.R., Advocate for R6 to R22) This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash the notice dated 4.8.2018 issued by respondent No.3 as per Annexure-F holding the same as without jurisdiction and contrary to the provisions of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and circular issued by respondent No.1 as per Annexure-‘E’ and etc.
This Writ Petition coming on for preliminary hearing this day, the Court made the following:
ORDER The petitioner who is the Adhyaksha of Yattambadi Grama Panchayath has challenged the notice issued by the third respondent, Assistant Commissioner, Mandya at Annexure-‘F’, fixing the date for considering no confidence motion against the petitioner as 24.08.2018.
2. A perusal of the complaint at Annexure-‘D’ dated 02.07.2018 would indicate that there are specific allegations as contemplated under Section 49 (2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (“the Act”, for short). In the light of said position, the notice at Annexure-‘F’ does not survive. This court in the case of Smt. Lakshmamma v. State of Karnataka and Others reported in 2019 (1) Kar.L.J.94 (DB) [W.A.No.844/2018 disposed on 12.10.2018] has held that motion of no confidence with specific allegation as contemplated under Section 49 (2) of the Act cannot be proceeded with until specific rules are framed as regards manner of consideration of motion of no confidence with allegations.
3. In light of same, the petition is allowed and notice at Annexure-‘F’ is set aside. However, it is made clear that the members are at liberty to move fresh motion of no confidence in accordance with law if they desire to do so. It is also made clear that setting aside of the notice would not be construed to be a bar under the 3rd proviso to Section 49 (1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. Accordingly, the petition is disposed off subject to the above observations.
Sd/- JUDGE Np/-