IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.24901/2018 (LB - ELE) Between:
Sri.C. Ramesh, S/o Channappa, Aged about 48 years, Resident of Attimage Village, Adhyaksha, Attimage Grama Panchayath, Hosadurga Taluk – 577 527, Chitradurga District.
... Petitioner (By Sri.Krishnamurthy M.R., Advocate) And:
1. The Assistant Commissioner, Chitradurga Sub-Division, Chitradurga – 577 501.
2. The Executive Officer, Hosdurga Taluk Panchayat, Hosdurga – 577 527. Chitradurga District.
3. The Panchayath Development Officer, Attimage Grama Panchayath, Attimage – 577 527. Hosadurga Taluk, Chitradurga District, 4. Sri.B.Thippaiah, S/o Sri.Hanumanthappa, Aged about 51 years, Resident of Gadiyappanahatti Village, Madadakere Hobli, Hosadurga Taluk – 577 527, Chitradurga District.
5. Sri. D.Rajappa, S/o Sri.Dasappa, Aged about 34 years, Resident of Attimage Bovihatti Village, Madadakere Hobli, Hosadurga Taluk – 577 527, Chitradurga District.
6. Sri.Shanivarada Kariyappa, S/o Sri.Shanivarada Hanumanthappa, Aged about 50 years, Resident of Bhantanagavi A.K.Hatti Village, Madadakere Hobli, Hosadurga Taluk – 577 527, Chitradurga District.
7. Smt. Rajamma, W/o Sri.Thimma Bhovi, Aged about 50 years, Resident of Hullukatte Village, Madadakere Hobli, Hosadurga Taluk – 577 527, Chitradurga District.
8. Smt. Rupadevi, W/o Sri.Ranganayaka, Aged about 33 years, Resident of Masanihalli Lambani Hatti Village, Madadakere Hobli, Hosadurga Taluk – 577 527, Chitradurga District.
9. Smt. Puttamma, W/o Sri.Erappa, Aged about 55 years, Resident of Doddathimmayyana Hatti Village, Madadakere Hobli, Hosadurga Taluk – 577 527, Chitradurga District.
10. Smt. Yashodamma, W/o Sri.Chandrappa, Aged about 45 years, Resident of Mallapura Village, Madadakere Hobli, Hosadurga Taluk – 577 527, Chitradurga District.
11. Smt. Timmakka, W/o Sri.Ramabhovi, Aged about 55 years, Resident of Attimage Bovihatti Village, Madadakere Hobli, Hosadurga Taluk – 577 527, Chitradurga District.
12. Smt. Hanumakka, W/o Sri.Rajappa, Aged about 40 years, Resident of Attimage Bovihatti Village, Madadakere Hobli, Hosadurga Taluk – 577 527, Chitradurga District.
13. Sri.B.T.Ramappa, S/o Sri.Thimmappa, Aged about 38 years, Resident of Bhantanagavi Village, Madadakere Hobli, Hosadurga Taluk – 577 527, Chitradurga District.
…Respondents (By Sri.M.A.Subramani, HCGP for R1; Sri. H.P.Mallegowda, Advocate for R2;
Sri. Krishnamurthy N.D., Advocate for R3; Sri. Arun K.S., Advocate for R4 to R13) ***** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned report submitted by the R-2 dated 02.04.2018 as per Annexure – C and etc., This Writ Petition coming on for orders this day, the Court made the following:
O R D E R The petitioner has challenged the notice at Annexure ‘D’ whereby meeting was convened by the Assistant Commissioner on 15.6.2018 to consider the motion of no confidence that had been initiated by the Members. This Court, by its order dated 12.6.2018, had passed an interim order of stay, which has been extended subsequently.
Commissioner as per Annexure ‘A’ states fairly that the petition submitted to the Assistant Commissioner contains allegations and in the light of the judgment of the Division Bench in W.A.Nos.844/2018 & 853/2018 & connected matters vide order dated 12.10.2018, the question of considering a motion of no confidence moved in terms of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 is impermissible.
3. Noticing the complaint made to the Assistant Commissioner at Annexure ‘A’, it is clear that specific allegations have been made. If that were to be so, the motion of no confidence that has been moved is one that has been moved in terms of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 in the light of the law laid down by the Division Bench in W.A.Nos.844/2018 & 853/2018 & connected matters, no motion of no-confidence can be moved till necessary rules are framed as regards motion of no confidence under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
4. Accordingly, the notice at Annexure ‘D’ is set aside. However, liberty is reserved to the Members to move a motion of no confidence under Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, as per law. If such motion of no confidence is moved, the Assistant Commissioner to ensure that there is no violation of the provisions of the Act of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994.
Accordingly, petition is disposed of.
Sd/- JUDGE bkp