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. 770/2019 (LB-ELE) BETWEEN:
SMT. T SHOBHA W/O K.O. THIPPESWAMY AGED ABOUT 36 YEARS PRESIDENT MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK CHITRADURGA DISTRICT RESIDENT OF KERE YAGALAHALLI T.P.HALLI POST CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT ... APPELLANT (BY SRI CHANDRAKANTH R. GOULAY, 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 S/O MALLAIAH AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 4. SMT. LAKSHMIDEVI W/O GOPALAPPA AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 5. SMT. VEENA W/O NATARAJ AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 6. SRI PALAIAH S/O GIRIYAMMA AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 7. SRI H S NAGARAJ S/O D SIDDARAMAPPA AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 8. SMT. N MANJULA W/O RUDRAMUNIYAPPA AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 9. SMT. MALLAKKA W/O BODABBAIAH AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 10. SRI RAJANNA S/O NIRABHAVI HANUMANTHAPPA AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 11. SRI MALLANNA S/O HANUMANTHAPPA AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 12. SRI K L RAJU S/O LINGAREDDY AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 13. SMT. PARVATHAMMA W/O THIMMANA AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT 14. SRI MALLIKARJUNA S/O BOMMAIAH AGED MAJOR, MEMBER MANNIKOTE GRAMAPANCHAYATH CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT (BY SRI S.H.PRASHANTH, AGA FOR R-1 & 2) ... RESPONDENTS 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. 6444/2019 DATED 13/02/2019 AND TO ALLOW THE WRIT PETITION IN ITS ENTIRETY AND TO PASS APPROPRIATE SUITABLE ORDERS.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellant.
2. The appellant has taken an exception to the order dated 13.02.2019 passed by the learned Single Judge on a petition filed by the present appellant who was elected as President of a Gram Panchayath. A notice of No confidence under sub-section (1) of Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 was taken out. The challenge before the learned Single Judge was to the said notice. As can be seen from paragraph 2 of the impugned order, the only submission canvassed before the learned Single Judge was that as the appellant is at the fag end of her term, at this point of time, she cannot be permitted to be unseated by taking recourse to Section 49. This ground is rightly held as untenable by the learned Single Judge. We find no merit in the appeal and the same is accordingly dismissed.
The pending applications stand disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv