IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV Writ Petition No.6444 of 2019 (LB-ELE) BETWEEN :
Smt. T. Shobha Wife of K. O. Thippeswamy, Age About 36 Years, President, Mannikote Gramapanchayath Challakere Taluk, Chithradurga District, Resident of Kere Yagalahalli, T.P. Halli Post, Challakere Taluk-577522 Chitradurga District.
(By Sri Naveen A. S., Advocate) And :
1. The State of Karnataka Rep By Its Secretary, Department of Rural Development & Panchayathraj, M.S.Building, Bengaluru-560001.
2. The Assistant Commissioner Chitradurga Sub-Division, Chitradurga-577501 3. Sri Thippanna ... Petitioner Son Of Mallaiah, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
4. Smt. Lakshmidevi Wife Of Gopalappa, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
5. Smt Veena Wife Of Nataraj, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
6. Sri Palaiah Son Of Giriyamma, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
7. Sri H. S. Nagaraj Son Of D. Siddramappa, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
8. Smt N. Manjula Wife Of Rudramuniyappa, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
9. Smt. Mallakka Wife Of Bodabbaiah, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
10. Sri Rajanna Son Of Nirabhavi Hanumanthappa, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
11. Sri Mallanna Son Of Hanumanthappa, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
12. Sri K L Raju Son Of Lingareddy, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
13. Smt Parvathamma Wife Of Thimmana, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
14. Sri Mallikarjuna Son Of Bommaiah, Age Major, Member, Mannikote Gramapanchayath, Challakere Taluk-577522 Chitradurga District.
... respondents (By Sri M. A. Subramani, H.C.G.P. for R1 and R2; Sri B. K. Manjunath, Advocate for Caveator Respondent No.7) This petition is filed under Articles 226 and 227 of the constitution of India praying to quash the impugned notice dated 25.01.2019 passed by respondent No.2 as per Annexure-B on the basis of the complaint made by the members, 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 petition coming on for preliminary hearing this day, the court made the following :
ORDER Petitioner, who is the Adhyaksha of Mannikote Gram Panchayat has challenged the notice issued at Annexure-B dated 25.01.2019 fixing the date for consideration of the Motion of No-confidence on 15.02.2019. The complaint has been filed by the members before the Assistant Commissioner on 23.01.2019. No allegations, as such, have been made in the complaint and it is clearly stated that the complaint is a Motion of No-confidence under Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for brevity, ‘the Act’). The Assistant Commissioner has issued notice dated 25.01.2019. No other ground is made out as regards violation of Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for brevity, ‘Rules’) and learned Additional Government Advocate states that notice is in accordance with the provisions of the Act and the Rules and, upon instructions, submits that all procedures required have been followed.
2. The counsel for the petitioner submits that she is at the fag end of the term and at this point of time permitting unseating of the petitioner by recourse to Section 49 is impermissible. Noting that the tenure that is fixed under Section 46 of the Act is subject to other provisions of the Act. Under Section 49(1) of the Act, the Motion of No-confidence can be moved and there is no such restriction that is made out on the facts of the case to prohibit moving of such Motion of No- confidence. No ground is made out for interference in the notice at Annexure-B. Accordingly, petition is dismissed.
Sd/- JUDGE hnm