IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50798/2018 (LB-ELE) Between:
Sri Parashuram H.G., S/o Sri Halappa, Aged about 42 years, Adhyaksha, Gram Panchayath Huruli, Soraba Taluk – 577 429, Shivamogga District. … Petitioner (By Sri S.P. Kulkarni, Advocate) And:
1. The State of Karnataka, Represented by its Secretary, Department of Panchayat Raj and Rural Development, Vidhana Soudha, Bengaluru – 560 001.
2. The Senior Assistant Commissioner, Sagar Sub-Division, Sagar, Shivamogga District.
3. The Executive Officer, Taluk panchayat, Soraba, Shivamogga District.
4. Sri Manjappa M., Member Hurali Gram Panchayath, Sorab Taluk, Shivamogga District.
5. Kankappa M., Member Hurali Gram Panchayath, Sorab Taluk, Shivamogga District.
6. Savithramma, Member Hurali Gram Panchayath, Sorab Taluk, Shivamogga District.
7. Neelavathi R., Member Hurali Gram Panchayath, Sorab Taluk, Shivamogga District.
8. Daadapeer, Member Hurali Gram Panchayath, Sorab Taluk, Shivamogga District.
9. Huchharayappa, Member Hurali Gram Panchayath, Sorab Taluk, Shivamogga District.
10. Gayithramma, Member Hurali Gram Panchayath, Sorab Taluk, Shivamogga District.
11. Gururaj B.J., Member Hurali Gram Panchayath, Sorab Taluk, Shivamogga District.
12. Seethamma, Member Hurali Gram Panchayath, Sorab Taluk, Shivamogga District. … Respondents (By Sri M.A. Subramani, HCGP for R-1 and R-2; Sri Pruthvi Wadeyar, Advocate for R-4 to R-12;
Notice to R-3 is dispensed with v/o dated 07.03.2019) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the no confidence motion notice dated 27.10.2018 issued by the Senior Assistant Commissioner, Sagar Sub-Division, Sagar (Second Respondent herein) being arbitrary, erroneous and opposed to law, rules equity and justice (Annexure-N) 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-N dated 27.10.2018 fixing the date for considering the motion of no-confidence as on 20.11.2018. Hence, the learned counsel for the petitioner contends that the meeting convened beyond the period of ‘thirty days’ from the date the complaint was made to the Assistant Commissioner is illegal and in violation 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’].
2. The learned counsel appearing for the respondent Nos.4 to 12 has filed a memo stating that the said respondents have submitted a representation to the Assistant Commissioner expressing their intention to withdraw the motion of no-confidence that has been moved pursuant to the complaint dated 27.102.108 given by them.
3. In view of the memo filed and submission of learned counsel appearing for the respondent Nos.4 to 12 that the said respondents do not insist on proceeding with the motion of no-confidence that has been moved by them, the notice at Annexure-N dated 27.10.2018 issued by the Assistant Commissioner is set aside.
4. The respondent Nos.4 to 12 are at liberty to move fresh motion of no-confidence as per law and if such motion of no-confidence is moved, the Assistant Commissioner will ensure that there will be strict adherence to the Rules.
5. In view of disposal of the main matter, no order is required to be passed as regards I.A.No.1/2019. The said application is disposed of accordingly.
This petition is accordingly disposed of.
Sd/- JUDGE VGR