IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50107/2019 (LB-ELE) BETWEEN:
Smt. Sanjivamma W/o Narasaiah Aged about 42 years R/at President, Arakere Village Kasaba Hobli Tumkur Taluk and District-572106.
The President Arakere Gram Panchayath Tumkur Taluk and District-571202.
(By Sri.Anandeeswara D.R, Advocate) AND:
1.The Government of Karnataka Represented by its Secretary Department of Panchayath Raj & Rural Development Vikasa Soudha Bengaluru-560001.
2. The Assistant Commissioner Tumkur Sub Division Tumkur – 571202.
…Petitioner 3. The Panchayath Development Officer Arakere Grama Panchayath Tumkur Taluk & District-571206.
4. Smt. Nethravathi K.R W/o Nagesh Aged about 26 years Timlapura, Member Oorkere Post Tumkur Taluk & District-572106.
5. Smt. Salma W/o Arif Pasha Aged about 33 years Member, Arakere Village Tumkur Taluk & District-572106.
6. Sri Dasharatha A.R S/o Ramegowda Aged about 52 years Member, Arakere Village Tumkur Taluk & District-572106.
7. Sri Sunil.M S/o Mahadevaiah Aged about 31 years Member, Arakere Village Tumkur Taluk & District-572106.
8. Smt. Veena W/o Nandisha Aged about 38 years Member, Arakere Village Tumkur Taluk & District-572106.
9. Sri M.R.Anantharamu S/o Ramaiah Aged about 49 years Member, Mallenahalli Arakere Post Tumkur Taluk & District-572106.
10. Sri Anand Kumar S/o Gurusiddiaha Aged about 41 yeas Member, Mallenahalli Arakere Post Tumkur Taluk & District-572106.
11. Smt. Jayalakshmamma D.S W/o Jagadish Aged about 31 years Member, Mallenahalli Arakere Post Tumkur Taluk & District-572106.
12. Sri Chandrashekar.N S/o Narasimaiah Aged about 37 years Kuchangi Village Oorkere Post Tumkur Taluk & District-572106.
13. Sri Srinivas.T S/o Thimmiaha Aged about 46 years Member Kuchangi Village Oorkere Post Tumkur Taluk & District-572106.
14. Smt. Vimala T.N W/o Shsewtha Murthy Aged about 34 years Member Thimlapura, Oorkere Post Tumkur Taluk & District-572106.
15. Smt. Janakamma W/o Veeresh Aged about 36 years Member Kurudeeraiahnahatti Arakere Post Tumkur Taluk & District-571206.
16. Smt. Roopa W/o Suresh Kumar Aged about 28 years Member Amlapura Village Arakere Post Tumkur Taluk & District-572106.
17. Sri Narasaiah.A S/o Anjinappa Aged about 46 years Member Hosahalli, Obalapura Post Tumkur Taluk & District-572106.
18. Sri Somashekar A.S S/o Siddaramaiah Aged about 45 years Member, Arakere Village Tumkur Taluk & District-572106.
19. Sri Ramesh R.S S/o Shivanna.S Aged about 42 years Member Ramagondanahalli C.T.Kere Post Tumkur Taluk & District-572106.
20. Smt. Bhagyamma W/o Hanumantharayappa Aged about 33 years Member Ramagondanahalli C.T.Kere Post Tumkur Taluk & District-572106.
...Respondents (By Smt. Prathima Honapure, AGA for R1 & R2, Sri M.B. Chandra Chooda, Advocate for R6 Smt. Veena.M Advocate C/R12) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the records from the office of the R2 pertaining to the impugned notice dated 14.10.2019 at Annexure-A and etc., This Petition coming on for ‘Orders’ this day, the Court made the following:
O R D E R The petitioner is stated to be a member of Gram Panchayath -respondent No.3 and Adhayksha of the said Gram Panchayath has challenged the notice at Annexure-A dated 14.10.2019 whereby the meeting had been fixed on 31.10.2019 to consider the motion of no confidence initiated by the members of Gram Panchayath. The petitioner submits that the copy of complaint has not been furnished to the petitioner and only a notice has been sent and it is not possible to ascertain from the notice at Annexure-A as to whether the motion of no-confidence has been moved in terms of Sections 49(1) or 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (the ‘Act’ for short).
2. It is upon notice, learned Additional Government Advocate has filed a memo and has enclosed the copy of the complaint submitted by the members on 05.10.2019 and has also annexed the copy of proceedings of the meeting held on 31.10.2019. It is submitted by the learned Additional Government Advocate that a bare perusal of the complaint produced would indicate that the complaint is one as contemplated under Section 49(1) of the Act and there are no allegations contained in the complaint.
3. The learned counsel for the petitioner however submits that the statement of objections filed by respondent No.6 would make out a case that the motion of no confidence has been moved with allegation in light of the averments made in paragraph No.3 of the statement of objections.
4. The notice fixing the meeting is produced at Annexure-A. It is in pursuant to the complaint of the members.
5. A perusal of the said complaint would indicate that there are no allegations made. It is to be noted that the Assistant Commissioner, while taking action on the basis of the complaint, in light of the nature of the complaint has construed the motion to be one under Section 49(1) of the Act. The question as to whether members have made any allegations in support of the motion pales into insignificance as long as the complaint that is made does not make out any allegation.
It is also settled position of law that mere non furnishing of the copy of complaint along with notice will not effect the validity of notice, in the case of Smt. Manjula V/s State of Karnataka and others reported in 2014(5) KCCR 1187. Accordingly, no case is made out and the petition is rejected.
6. No doubt, this Court had issued notice to the members. Though no notice is served to all the members, in light of the admitted facts made out and on the basis of documents furnished by the learned Additional Government Advocate, no purpose would be served by awaiting service of notice on the members. Accordingly the petition is taken up for disposal and disposed.
Accordingly, petition is disposed off.
Sd/- JUDGE ssb