IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.6620/2019 (LB-ELE) Between:
Smt. Sharada, Aged 54 years, W/o Somegowda, President of Kurubathuru Grama Panchayat, R/at Nidigere Post & Village, Manikanta Sadhana, Sakleshpura Taluk, Hassan District – 573 134. ... Petitioner (By Sri. P.P. Hegde, Advocate) 7 And:
1. Assistant Commissioner, Sakaleshpura Sub-division, Hassan District – 573 134.
2. The State of Karnataka, Represented by its Principal Secretary, Department of Rural Development and Panchayat Raj, M.S. Building, Ambedkar Veedhi, Bengaluru - 560 001.
3. Kurubathuru Grama Panchayat, Represented by its Panchayat Development Officer, Sakaleshpura Taluk, Hassan District – 573 134.
4. Sri Vishwanatha, S/o Sri Puttaswamy Gowda, Aged about 45 years, R/at Adaragere Village, Nidigere Post, Hethuru Hobli, Sakleshpura Taluk, Hassan District – 573 134.
5. Sri G.D. Madhu, S/o Sri Erayya, Aged about 25 years, R/at Doddanahalli Village, Nidiregere Post, Hesluru Hobli, Sakleshpur Taluk, Hassan District – 573 134.
6. Sri B.B. Dharmappa, Father name not known to the petitioner, Aged about 50 years, R/at Belluru Village, Nidigere Post, Sakleshpura Taluk, Hassan District – 573 134.
7. Smt. Kodamma, W/o Late Thippaiah, Aged about 65 years, R/at Hadlahalli Village and Post, Sakleshpura Taluk, Hassan District – 573 134.
8. Smt. Mohini, W/o Sri Subramanya, Aged about 30 years, R/at Shettihalli, Belluru Dakale, Nidigere Post, Sakleshpura Taluk, Hassan District – 573 134.
9. Smt. Lakshmi, W/o Sri Vittala Poojari, Aged about 45 years, R/at Doddanahalli Village, Nidigere Post, Sakleshpura Taluk, Hassan District – 573 134.
10. Smt. Roopa, W/o Sri Nagesh Nayak, Aged about 33 years, R/at Hennali Grama, Nidigere Post, Sakleshpura Taluk, Hassan District – 573 134.
11. Sri K.V. Manjunath, S/o Patel Veerappa, Aged about 48 years, R/at Kuruvathuru Grama, Shukravarasanthe Post, Sakleshpura Taluk, Hassan District – 573 134.
12. Sri Girish H.N., S/o Ningegowda, Aged about 45 years, R/at Hadlahalli Village & Post, Sakleshpura Taluk, Hassan District – 573 134.
13. Hoovanna B.K., S/o Karigowda, Aged about 47 years, R/at Barlikere, Yedavaru Halli Dakale, Shukravarasante Post, Sakleshpura Taluk, Hassan District – 573 134. ... Respondents (By: Sri. M.A. Subramani, HCGP for R-1 & R-2; Sri Pratheep K.C., Advocate for R-4 to R-11) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice dated 28.01.2019 issued by respondent No.1 convening the meeting of Kurubathuru Gram Panchayat at 1.00 p m on 11.02.2019 to decide on the no confidence motion alleged to be moved against the petitioner/president of Kurubathuru Gram Panchayath. The copy of notice dated 28.01.2019 is produced herewith as Annexure-A and etc.
This writ petition coming on for orders, this day, the Court made the following:
ORDER The petitioner has challenged the notice at Annexure-A dated 28.01.2019 fixing the date for considering the motion of no-confidence as on 11.02.2019. The complaint is said to have been made by the members on 25.01.2019.
2. The learned counsel for the petitioner contends that the notice came to be issued only 28.01.2019 convening the meeting on 11.02.2019. He further contends that 15 days clear notice ought to have been given prior to convening of meeting in terms of Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-Confidence Against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 [for short ‘Rules’] and therefore, on this ground alone, the impugned notice is liable to be set aside.
3. The learned counsel appearing for the respondent Nos.4 to 11 has filed a memo stating that they do not intend to continue with the motion of no-confidence and withdraw their representation dated 25.01.2019.
4. Taking note of the memo filed by respondent Nos.4 to 11 and also observing that the meeting notice is dated 28.01.2019, while the meeting was convened on 11.02.2019 and there was no 15 days clear notice, the notice at Annexure-A dated 28.01.2019 is set aside. The respondents are at liberty to move a fresh motion of no-confidence under Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short ‘Act’) as per law.
5. In light of the notice being vitiated by virtue of lapse on the part of the Assistant Commissioner, in the event, the petitioner moves a fresh motion of no-confidence, the same will be dealt with strictly in accordance with the Rules.
6. The legal contention raised as regards the constitutional validity of the Karnataka Panchayat Raj (Motion of No-Confidence Against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, is kept open and so also all the legal contentions of the parties.
This petition is accordingly disposed of.
Sd/- JUDGE VGR ct:mhp