IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.7767-7771/2019 (LB-RES) Between:
1. Sri Yashodhar H.K., S/o Krishnayya Acharya, Aged about 34 years, R/at ‘Gopi Krishna’ House, Mudumanedu Post & Village, Mudibidri Taluk – 574 213.
2. Smt. Sundari, W/o Sheena Mera, Aged about 43 years, R/at Dhaskar House, Mudumanedu Post & Village, Mudibidri Taluk – 574 213.
3. Smt. Sampa, W/o Sundara, Aged about 47 years, R/at Maddelu, Mudumanedu Post & Village, Mudibidri Taluk – 574 213.
4. Smt. Shobha, W/o Vasanth R. Bangera, Aged about 39 years, R/at Padyaru Bonnadka, Padumarnad Village & Belvoi Post, Mudibidri Taluk – 574 213.
5. Sri Suraj, S/o Sesappa Sapaliga, Aged about 38 years, R/at Ashwarya Bonndke, Padumarndu Village, Belvoi Post, Mudibidri Taluk – 574 213. …Petitioners (By Sri Vishwajith Shetty, Advocate) And:
1. State of Karnataka, Represented by its Secretary to Department of Rural Development & Panchayatraj, M.S. Building, Bengaluru.
2. The Assistant Commissioner, Mangaluru Sub-Division, Mini Vidhana Soudha, Mangaluru, D.K. District.
3. Padumarnadu Grama Panchayat, Padumarnadu Post, Mudibidri Taluk, D.K. District, Represented by Panchayat Development Officer.
4. Smt. Arunakumari, W/o Satheesh Hegde, Major, Kumeru Mane, Moodumarnadu Village, Mudibidri Taluk, D.K.
5. Sri Dayananda Pai, S/o Late Nagappa Pai, Major, R/at Pai Building, Padumarnadu Village, Moodabidri Taluk, D.K.
6. Sri Abhinandan N. Ballal, S/o Namiraj Ballal, Major, Biliyar, Hosamane, Padumarnadu Village, Moodabidri Taluk, D.K.
7. Smt. Mallika, W/o Sadhu Poojary, Major, Badakodi Mane, Padumarnadu Village, Moodabidri Taluk, D.K.
8. Smt. Pramila J., W/o Jaya B., Major, R/at Devikrupa, Amanottu, Padumarnadu Village, Moodabidri Taluk, D.K.
9. Sri Ramesh S. Shetty, S/o Late Shiva Shetty, Major, R/at Bhavani Nivas, Amanottu, Padumarnadu Village, Moodabidri Taluk, D.K.
10. Sri Vidya Hegde, W./o Dayananda Hegde, Major, Ammanabettu Mane, Padumarnadu Village, Moodabidri Taluk, D.K.
11. Sri Umesha, S/o Monta, Major, R/at Kempulu Mane, Padumarnadu Village, Moodabidri Taluk, D.K.
12. Rajesh Poojary, S/o Venkappa Poojary, Major, Penkardi Mane, Padumarnadu Village, Moodabidri Taluk, D.K.
13. Vasudeva Bhat, S/o Lakshmi Narayana Upadyaya, Major, R/at Angeri Mane, Moodumarnadu Village & Post, Moodabidri Taluk, D.K.
14. Revathi, W/o Rajesh Nayaka, Major, R/at Thandrakere, Moodumarnadu Village & Post, Moodabidri Taluk, D.K. … Respondents (By Sri M.A. Subramani, HCGP for R-1 & R-2; R-3 served;
Sri K. Chandranath Ariga, Advocate for R-4 to R-14) These writ petitions are filed under Article 226 of the Constitution of India, praying to quash the impugned meeting notice Annexure-A dated 04.02.2019 in Form No.2 issued by the Respondent No.2 for consideration of the ‘No Confidence Motion’ moved against Adhyaksha of the respondent No.3 - Grama Panchayat and etc.
These writ petitions coming on for Orders, this day, the Court made the following:
ORDER The petitioner has challenged the notice at Annexure-A dated 04.02.2019 fixing the date for considering the motion of no-confidence as on 20.02.2019. The complaint is said to have been made by the members on 17.01.2019.
2. The learned counsel for the petitioner contends that the meeting convened beyond the period of ‘thirty days’ from the date the complaint 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’].
3. The learned counsel appearing for the respondent Nos.4 to 14 has filed a memo stating that the respondent Nos.4 to 14 have ‘no-objection’ to allow the petitions.
4. This Court, while observing and taking note of the contention that the action of the Assistant Commissioner being in violation of Rule 3(2) of the Rules, an interim order of stay of the notice at Annexure-A was granted on 15.02.2019. However, in view of the memo filed by the learned counsel for the respondent Nos.4 to 14, who are stated to be the members and who have filed the complaint before the Assistant Commissioner, the notice at Annexure-A dated 04.02.2019 is set aside. However, liberty is granted to the members 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. If such motion of no-confidence is moved, the Assistant Commissioner to strictly adhere to the procedural requirements as per the Rules.
These petitions are accordingly disposed of.
[ VGR Sd/- JUDGE