IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.5432/2019 (LB-RES) Between:
Neelavati, Aged about 29 years, W/o B.S. Byresh, Residing at Boranakopalu, Annanayakanahalli Post, Arsikere Taluk, Hassan District – 573 103. … Petitioner (By Sri Varun Jayakumar Patil, Advocate) And:
1. State of Karnataka, Department of Panchayat Raj, And Rural Development, M.S. Building, Bangalore – 560 001, Represented by its Secretary.
2. The Assistant Commissioner, Hassan Taluk, Hassan District – 573 101.
3. Gijihalli Gram Panchayat, Kasaba Hobli, Arsikere Taluk, Hassan District – 573 103.
4. Smt. Lakshmi, W/o Ravi Kumar, Aged about 42 years, Boranakopalu, Arsikere Taluk, Hassan District – 573 103.
5. Smt. Kanthamma, W/o Shivanna, Aged about 42 years, Gijihalli, Arsikere Taluk, Hassan District – 573 103.
6. Smt. Hema, W/o Shivakumar, Aged about 36 years, Gijihalli, Arsikere Taluk, Hassan District – 573 103.
7. Sri N. Kumar, S/o Narasaiah, Aged about 40 years, Narayana Gatta Galli, Arsikere Taluk, Hassan District – 573 103.
8. Yellamma, W/o Narayani, Aged about 45 years, Annanayakanahalli, Arsikere Taluk, Hassan District – 573 103.
9. Chandramma, W/o Shivmurthy, Aged about 45 years, Annanayakanahalli, Arsikere Taluk, Hassan District – 573 103.
10. Y.R. Nagaraju, S/o Rudraiah, Aged about 51 years, Yellavare, Arsikere Taluk, Hassan District – 573 103.
11. Eshwar, S/o Shivanje Gowda, Aged about 33 years, Thirupathihalli, Arsikere Taluk, Hassan District – 573 103.
12. Mohan Naik, S/o Sidda Naik, Aged about 32 years, Gijihalli, Arsikere Taluk, Hassan District – 573 103.
13. Ravi Kumar, Aged about 43 years, S/o Lakshmaiah, Boranakoppalu, Arsikere Taluk, Hassan District – 573 103. … Respondents (By Sri M.A. Subramani, HCGP for R-1 & R-2;
Sri Subramanya R., Advocate for R-4 to R-6 & R-8 to R-13;
R-3 & R-7 Served) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the meeting notice vide Annexure-C dated 18.01.2019 issued by respondent No.2 and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioner has assailed the notice issued by the Assistant Commissioner at Annexure-C dated 18.01.2019 fixing the date for considering the motion of no-confidence on 07.02.2019.
2. A perusal of the complaint at Annexure-A dated 10.01.2019 indicates that there are allegations and hence, the said motion of no-confidence would come within the ambit of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘the Act’ for brevity).
3. In light of the law laid down in the case of Smt.Lakshmamma v. State of Karnataka and Others reported in 2019 (1) Kar.L.J.94, it is clear that the motion of no-confidence with allegations cannot be considered till appropriate Rules are framed by the State.
4. The learned counsel appearing for the respondent Nos.4 to 6 and 8 to 13 has filed a memo stating that the said respondents intend to withdraw the complaint submitted to the second respondent – Assistant Commissioner on 18.01.2019.
5. In light of the said memo and submissions made, the notice at Annexure-C dated 18.01.2019 is liable to be set aside and accordingly, it is set aside. However, liberty is reserved to the members to move a fresh motion of no-confidence in accordance with law under Section 49 of the Act. If the said motion of no-confidence is moved, the Assistant Commissioner to consider the same strictly adhering to the procedure prescribed under the Karnataka Panchayat Raj (Motion of No-Confidence Against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994.
Petition is accordingly disposed of, subject to the above observations.
VGR Sd/- JUDGE