IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.7381/2019 (LB-ELE) Between:
Smt. S. Gayathri Aged about 40 years W/o D. Thimmarayappa R/at Sonnamaranahalli Heggadihalli Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203. (By Sri. Venkatesh C., Advocate) And:
1. State of Karnataka Department of Rural Development And Panchayath Vidhana Soudha Dr. Ambedkar Veedhi Bangalore – 560001.
Rep. by its Principal Secretary 2. The Assistant Commissioner, Doddaballapupra Sub Division Doddaballapupra Bangalore Rural District - 561203.
...Petitioner 3. The Executive Officer Doddaballapupra Taluk Panchayath Bangalore Rural District – 561203.
4. Heggadihalli Grama Panchayath Heggadihalli Village (Post) Thubagere Hobli Doddaballapupra Taluk Bangalore Rural District – 561203.
5. Sri. M. Janardhan Aged about 63 years S/o Late Marappa Vice President Heggadihalli Grama Panchayath Heggadihalli Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
6. Smt. Munirathna Aged about 33 years W/o Channakeshavaiah Member of Heggadihalli Grama Panchayath R/at Kanivepura Village Heggadihalli Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
7. Sri. Manjunath Aged about 43 years S/o Late Ramegowda Member of Heggadihalli Grama Panchayath R/at Kanivepura Village Heggadihalli Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
8. Sri. Venkatesh S/o Sanjeevappa Aged about 45 years Member of Heggadihalli Grama Panchayath Segehalli Village Heggadihalli Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
9. Smt. Savithramma Aged about 35 years W/o Jayaram Member of Heggadihalli Grama Panchayath R/at Dandadasa Kodigehalli Melekote Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
10. Sri. S. N. Subramani Aged about 45 years S/o Late Narayanaswamy Member of Heggadihalli Grama Panchayath Segehalli Village Heggadihalli Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
11. Sri. Naveen Kumar Aged about 28 years S/o Narayanaswamy Member of Heggadihalli Grama Panchayath R/at Dandadasa Kodigehalli Melekote Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
12. Smt. Narayanamma Aged about 50 years W/o Mariyappa Member of Heggadihalli Grama Panchayath R/at Dandadasa Kodigehalli Udanahalli Village Melekote Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
13. Smt. Pavithra Aged about 36 years W/o Gopala Reddy Member of Heggadihalli Grama Panchayath R/at Gulya Village Heggadihalli Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
14. Smt. Sarojamma Aged about 30 years W/o Chandra Member of Heggadihalli Grama Panchayath R/at Nandigunda Village Udanahalli Village Heggadihalli Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
15. Sri. Narasimha Murthy Aged about 35 years S/o Late Krishnappa Member of Heggadihalli Grama Panchayath Acharlahalli Village Heggadihalli Post Thubagere Hobli Doddaballapura Taluk Bangalore Rural District – 561203.
... Respondents (By Sri. M.A. Subramani, HCGP fro R-1 & R-2; Sri. G. Papi Reddy, Advocate for R-5 to R-15) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the notice dated 04.02.2019 issued by the respondent No.2 vide Annexure-C and etc.
This Writ Petition coming on for preliminary hearing, this day, the Court made the following:
O R D E R Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2.
2. Learned counsel appearing for respondent Nos.4 to 15 states that he does not intend to proceed with the complaint in view of the contentions raised and as the complaint contains allegations.
3. Learned counsel for the petitioner states that the complaint at Annexure-B contains allegations and as the said motion of no-confidence is one that would fall within the ambit of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘Act’ for short), the present notice is bad in law.
4. In view of the submission made by the learned counsel for the respondents and taking note of the fact that there are allegations made in the complaint in Annexure-D, notice at Annexure-C is set aside. However, the members are at liberty to move a motion of no-confidence in accordance with Section 49 of the Act as per law.
5. In the event such motion of no-confidence is moved, the Assistant Commissioner to ensure that there is no lapse in adherence to the Karnataka Panchayat Raj (Motion of No-confidence Against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994. Accordingly, the petition is disposed of.
Sd/-
JUDGE KA/-