IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.1029/2019 (LB-ELE) Between Smt. Renukamma As also know as Renuka W/o Yallappa Aged about 28 years R/at yenaghatta Village Nukkanahalli Post Kolar Taluk and District Vice President Thoradevandahalli Grama Panchayat Thoradevandahalli Village Kolar Taluk and District – 563 101 ... Petitioner (By Sri. Anil Kumar.R., 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, Kolar Sub Division, Near Court Circle, Kolar-563 101.
3. The Executive Officer, Taluk Panchayath, Kolar-563 101.
4. Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101 Represented by its Secretary.
5. Sri. Yamanna S/o Chikkavenkateshappa, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
6. Sri. Y.M.Venkateshappa, S/o Munivenkatappa, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
7. Smt. Poornima, W/o V.V. Nagaraj, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
8. Smt. Nethravathi, W/o Narasimha, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
9. Sri. Munivenkatappa, S/o Late Tallari Muniyappa, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
10. Smt. Lelavathi, W/o Narayanaswamy, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
11. Smt. Deepa, W/o Devaraj, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
12. Smt. Varalakshmamma, W/o Govindappa, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, ... Respondents (By Sri. M.A.Subramani, HCGP for R1 and R2 Sri. Shankarappa, Advocate for R5 to 12) Notice to R3 & 4-dispensed with) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for relevant records and quash the impugned notice dated 27.12.2018 issued by the respondent No.2 vide annexure-A.
This Writ Petition coming on for Orders, this day, the Court made the following:
O R D E R The petitioner who is the Vice-President of the Thoradevandahalli Grama Panchayat, has sought to challenge the notice issued by the Assistant Commissioner at Annexure-A, dated 27.12.2018 fixing the date of the meeting as 11.01.2019 to consider the motion of no confidence.
2. On perusal of Annexure-B, dated 11.12.2018, as certain allegations have been made, the motion of no confidence is one under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (herein after referred to as ‘the Act’ for brevity). Learned counsel for the respondents concede that such a motion of no-confidence is not legally tenable and hence the respondents do not insist on the complaint at Annexure-C. In this regard, a memo has been filed by the learned counsel for respondent Nos.5 to 12. However, the members of the Gram Panchayat- respondent Nos.4 to 12 are at liberty to move a fresh motion of no confidence, which would be considered strictly in accordance with the procedure prescribed under Rule 3(2) of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 and provisions of the Act within the time stipulated under the Act and the Rules.
3. In view of the stand of the respondents as regards not pressing the motion of no confidence, the notice at Annexure-A is set aside as the same does not survive and also as it is in contravention of law.
Accordingly, the petition is disposed of subject to the above observations.
In view of the disposal of the matter, service of notice to respondent no.3 and 4 is dispensed with.
Sd/-
JUDGE NR/-