IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.797/2019 (LB-RES) Between Sri. T.M.Nagaraj, S/o Sri. Muniyappa, Aged about 40 years, President, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101. ... Petitioner (By Sri. Chandrakanth R Goulay, Advocate) And 1. The State of Karnataka, Rep by its Secretary, Department of Rural Development & Panchayatraj, M.S. Building, Bengaluru-560 001.
2. The Assistant Commissioner, Kolar Sub Division, Near Court Circle, Kolar-563 101.
3. The Executive Officer, Taluk Panchayath, Kolar-563 101.
4. Sri. Yamanna, S/o Chikkavenkateshappa, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
5. Sri. Y.M.Venkateshappa, S/o Munivenkatappa, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
6. Smt. Poornima, W/o V.V. Nagaraj, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
7. Sri. Krishnappa, S/o Muniyappa, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
8. Smt. Nethravathi, W/o Narasimha, Aged Major, Member Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
9. Sri. Munivenkatappa, S/o Late Tallari Muniyappa, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
10. Sri. Venkatareddy, S/o Narayanaswamy, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
11. Smt. Lelavathi, W/o Narayanaswamy, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
12. Smt. Rathnamma, W/o Munivenkatappa, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
13. Sri. Srinivasappa, S/o Narayanappa, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
14. Smt. Deepa, W/o Devaraj, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101.
15. Smt. Varalakshmamma, W/o Govindappa, Aged Major, Member, Thoradevandahalli Grama Panchayat, Thoradevandahalli Village, Kolar Taluk & District-563 101. ... Respondents (By Smt. Prathima Honnapura, AGA for R1, R2 & R3 Sri. Shankarappa, Advocate for R-10 Sri. M.Narayana Reddy, Advocate for C/R-13) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for relevant records and quash the impugned notice dated 27.12.2018 passed by the R-2 as per 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.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner who is the President of the Thoradevandahalli Grama Panchayat, has sought to challenge the notice issued by the Assistant Commissioner at Annexure-B, dated 27.12.2018 fixing the date of the meeting as 11.01.2019 to consider the motion of no confidence.
2. On perusal of Annexure-A, dated 11.12.2018, as certain allegations have been made, the motion of no confidence appears to be one under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (herein after referred to as ‘the Act’ for brevity). Learned counsel for the respondents concede and hence the respondents do not insist on the complaint at Annexure-A. In this regard, a memo has been filed by the learned counsel for respondent Nos.10 and 13. Accordingly, no further orders are required, as the notice at Annexure-B cannot be carried forward in view of the said memo. Noticing the same, the petition is disposed of as not requiring any further orders. However, the members of the Gram Panchayat- respondent Nos.4 to 15 are at liberty to move a fresh motion of no confidence, which would be considered strictly in accordance with the procedure prescribed under Rule 3(2) of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 and provisions of the Act within the time stipulated under the Act and the Rules.
3. In view of the stand of the respondents as regards not pressing the motion of no confidence, the notice at Annexure-B is set aside.
4. Accordingly, the petition is disposed off subject to the above observations.
Sd/- JUDGE SMJ