IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.52096 OF 2018 (LB-RES) BETWEEN:
T.V.Mohan, S/o. Late Venkatappa, Aged 48 years, Residing at Taralu Village, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru-560 082. ... Petitioner (By Sri D.L.Jagadeesh, Advocate) AND:
1. The State of Karnataka, By Secretary, Department of Panchayath Raj, M.S.Building, Bengaluru-560 001.
2. Assistant Commissioner, Bengaluru South Sub-Division, Kandaya Bhavan, 2nd Floor, K.G.Building, 2nd Floor, K.G.Building, Bengaluru-560 009.
3. Taralu Village Panchayath, Represented by its Panchayath Development Officer, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru-560 061.
4. Executive Officer, Taralu Village Panchayath, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru-560 061.
5. Smt.Geetha.V 6. Sri.B.K.Krishna Reddy, 7. Smt.Pushpa, 8. Smt.Jayamma, 9. Smt.Lalitha.S, 10. Smt.Shanthamma, 11. Smt.V.Suguna, 12. Smt.Laxmisarasamma, 13. Sri.Renukaprasanna, 14. Sri.Narayanappa, 15. Sri.Mahesh Kumar, 16. Smt.Venkatalakshmamma, 17. Sri.Aralappa, 18. Smt.Lalitha, 19. Smt.Mangala, 20. Sri.Balaraj.P, 21. Sri.Barnad, 22. Smt.Jesintha Meri, All are major All are the member of Tharalu Village Panchayath, Uttharahalli Hobli, Bengaluru South Taluk.
23. The Senior Assistant Director, Horticulture Department, District Panchayat, Bengaluru South Taluk, (Returning Officer). ... Respondents (By Sri. M.A.Subramani, HCGP for R1, R2 & R23; Sri.Siddappa V.D., Advocate for R3;
Sri.B.J.Somayaji, Advocate for R4; Sri.G.R.Venkatesh, Advocate for R5-22) This Writ Petition is filed under Article 226 of the Constitution of India praying to quash the report dated 23.02.2018 submitted by the respondent No.4 – Executive Officer, Taralu Village Panchayath, produced at Annexure-G to the writ petition, issued by the respondent No.1 and quash the notice dated 22.10.2018 issued by the respondent No.2-Assistant Commissioner, Bengaluru South Division, Bengaluru produced at Annexure-H to the writ petition, etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
ORDER The petitioner in the present case has challenged the notice dated 22.10.2018 at Annexure-H and has raised various contentions including that notice is not in compliance with the proviso to Rule 3(2) of the Karnataka Panchayat Raj (No-Confidence Motion against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, in so far as the meeting was directed to be convened on 05.11.2018 but notice was served only on 03.11.2018.
2. Learned counsel appearing for the Members states that in the light of the submissions made and the contentions taken, they would not insist for carrying on with the present motion of no-confidence and express their desire to move a fresh motion of no confidence.
In view of the said submission, without recording any finding on the merits of the contentions raised the notice at Annexure-H dated 22.10.2018 is set aside. However, liberty is granted to the respondents – Members of Taralu Grama Panchayat, to move a motion of no confidence afresh in accordance with S.49 of the Act.
All contentions of both parties are kept open.
The Assistant Commissioner i.e., 2nd respondent herein shall ensure that there would be no violation of the Karnataka Panchayat Raj (No-Confidence Motion against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, in the event, a fresh motion of no confidence is moved.
The writ petition stands disposed of accordingly.
Sd/- JUDGE sac*