IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.284/2019 (LB-RES) BETWEEN:
SMT. T.N.RAMALAKSHMAMMA W/O MUNIRAJU AGED ABOUT 45 YEARS PRESIDENT KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT RESIDENT OF SUJJANAHALLI KOTAGAL POST CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 ... APPELLANT (BY SRI CHANDRAKANTH R GOULAY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF RURAL DEVELOPMENT & PANCHAYARAJ M.S.BUILDING BENGALURU - 560 001 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPUR SUB DIVISION CHIKKABALLAPUR-563102 3. THE EXECUTIVE OFFICER ZILLA PANCHAYATH CHIKKABALLAPUR-563102 4. SRI SUBRAMANI S/O LATE CHIKKAMUNIVENKATAPPA KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 5. SRI SRI DEVARAJU S/O LATE S.RAMANNA KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 6. SRI NARASIMHAPPA S/O LATE KONNAPPA KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 7. SRI MUNIRAJU S/O NARAPPA KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 8. SMT. SHOBAMMA W/O MUNIYAPPA KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 9. SMT. SUSHELLAMMA W/O MUNIYAPPA KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 10. SMT. SUBBAMMA W/O CHINNAPPA KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 11. SMT. SUBBALAKSHMAMMA W/O ASHWATHAPPA KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 12. SMT. SARASWATHAMMA W/O LATE NARASIMHAPPA KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 13. SMT. RATHNAMMA W/O MUNIVENKATAREDDY KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 14. SRI AMEERSAB S/O HYDARSAB KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 15. SRI YERRAPPA S/O KAIVARAMAPPA KOTAGAL GRAMA PANCHAYAT CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563102 (NAME OF R-15 CORRECTED V/O DATED 28.02.2019) ... RESPONDENTS (BY SRI S.H. PRASHANTH, AGA FOR R-1 TO 3;
SRI S.A. SUDHINDRA & SRI L.NARASIMHA MURTHY, ADVOCATES FOR SRI S.N. ASWATHNARAYAN, ADVOCATE FOR R-4 TO 15) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE MADE IN WRIT PETITION NO. 795/2019 DATED 09/01/2019 AND TO ALLOW THE WRIT APPEAL IN ITS ENTIRETY AND TO PASS APPROPRIATE SUITABLE ORDERS.
THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT There is no dispute that the controversy in this appeal is covered by a separate judgment delivered today by this Bench in W.A.No.438/2019. We have held in the said judgment that even if a No-confidence Motion taken out under sub-section (2) of Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short ‘the said Act of 1993’) fails, the right of moving a No-Confidence Motion under sub- section (1) of Section 49 is not taken away.
2. Learned counsel appearing for the appellant submits that on two occasions, enquiry was made on the basis of the allegations made in a notice taken out under sub- section (2) of Section 49 of the said Act of 1993 and no merit was found in the allegations.
3. This is of no consequence as the right under sub- section (1) of Section 49 cannot be taken away merely because a notice moved under sub-section (2) of Section 49 had failed. Hence, for the reasons recorded in the separate judgment delivered by this Bench today in W.A.No.438/2019, the appeal is dismissed.
The pending applications stand disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv