IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.1981/2019 (LB-ELE) Between Sri. Abdul Khaleel, S/o Abdul Gafar, Aged 59 years, President, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District, Resident of Near Bus Stand, Kamasamudram PO, Bangarpete Taluk, Kolar District-563114. ... Petitioner (By Sri. Chandrakanth R Goulay, Advocate) And 1. The State of Karnataka, Rep by its Secretary, Department of Rural Development & Panchayaraj, M.S.Building, Bengaluru-560 001.
2. The Assistant Commissioner, Kolar Sub Division, Near Court Circle, Kolar-563 101.
3. Sri. Rafiq, Age Major S/o Not known Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563004.
4. Smt. Sharadamma, Age Major, S/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
5. Smt. Mahalakshmi K, Age Major, S/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
6. Smt. Manjula C, Age Major, D/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
7. Sri. Adinarayana N, Age Major, S/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
8. Sri. Venkatesh, Age Major, S/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
9. Smt. Gulnaz, Age Major, S/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
10. Smt. Neelamma, Age Major, D/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
11. Sri. Murthy, Age Major, S/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
12. Smt. Rojarani, Age Major, D/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
13. Sri. Balakrishna, Age Major, S/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
14. Sri. Govindappa, Age Major, S/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
15. Smt. Anitha, Age Major, D/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
16. Smt. Bharathi, Age Major, D/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
17. Sri. Syed Lathif, Age Major, S/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
18. Smt. Munivenkatamma, Age Major, D/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114.
19. Smt. Lakshmamma, Age Major, D/o Not known, Member, Kamasamudram Grama Panchayat, Bangarpete Taluk, Kolar District-563114. ... Respondents (By Sri. G.Manivannan, Advocate for C/R7 & R8; Sri. M.A.Subramani, HCGP for R1 & R2;
Notice to other respondents are dispensed with) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for relevant records; quash the impugned notice dated 03.01.2019 passed by R-2 vide Annexure-B as arbitrary, illegal and void and in violation of the Karnataka Panchayat Raj (Motion of No- Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 and the Panchayath Raj Act and etc., This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner who is the President of the Kamasamudram Grama Panchayat, Kolar District, has filed the present petition has challenged the notice dated 03.01.2019 whereby, the Assistant Commissioner has convened a meeting on 18.01.2019 to consider the motion of no-confidence i.e. being moved by the members of the Gram Panchayat.
2. The primary arguments of the petitioner is that the complaint at Annexure-A dated 24.12.2018 is one containing specific allegations and hence, the said motion of no-confidence is to be construed to be one moved under Section 49(2) of the Karnataka Grama Swaraj and Panchayath Raj Act, 1993 (for short ‘the Act’). He has further submitted that in the case of a motion of no-confidence under Section 49(2) of the Act, in view of the law laid down in W.A.No.844/2018 and connected matters dated 12.10.2018, no motion of no- confidence expressing no-confidence can be moved till Rules are framed for the purpose of carrying forward motion of no-confidence under Section 49(2) of the Act.
3. Learned counsel for the caveator/respondent Nos.7 and 8 states that he would withdraw his allegation. However, it would not be appropriate to permit continuance of the motion of no-confidence on the basis of the complaint at Annexure-A, as it is settled legal position that if the complaint contains specific allegation as contemplated under Section 49(2) of the Act, the same cannot be proceeded with.
4. In light of the observations in W.A.No.844/2018 and connected matters, such motion of no-confidence moved subsequent to the passing of the judgment in Writ Appeal cannot be permitted to go ahead.
5. Accordingly, the notice at Annexure-B dated 03.01.2019 is set-aside. In light of the observations made above, however, it is open for the members to move necessary motion if so permissible under Section 49 of the Act.
Sd/- JUDGE HA/-