IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.7822/2019 (LB-ELE) Between:
Smt.Vanajakshi, W/o J.R.Indresh, Aged about 49 years, Adhyaksha of Javagal, Gram Panchayath, R/o Javagal, Arasikere Taluk, Hassan District 573 103. … Petitioner (By Sri Mohan Kumar T., Advocate) And:
1. State of Karnataka, Department of Panchayat Raj & Rural Development, Rep. by its Principal Secretary, M.S. Building, Ambedkar Veedhi, Bengaluru – 560 001.
2. Assistant Commissioner, Hassan Sub-Division, Hassan – 573 103.
3. Javagal Gram Panchayat, Javagal Village, Represented by its Panchayat Development Officer, Arasikere Taluk, Hassan District – 573 103.
4. Sri J.N. Shivashankar, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
5. Smt. Shankaramma, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
6. Sri J.S. Santhosh Kumar, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
7. Smt. Jayalakshmi, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
8. Sri J.K. Ranganath, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
9. Smt. K.T.Nanjamma, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
10. Sri Kumara Naik, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
11. Sri J.T.Kumara Setty, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
12. Smt. J.R. Yashodamma, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
13. Sri J.S. Parameshwar, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
14. Sri D.R. Anand, Major, Member, Javagal Gram Panchayat, Doddaghatta, Arasikere Taluk, Hassan District – 573 103.
15. Smt. V.Pavithra, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
16. Sri J.K. Gopalakrishna, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
17. Sri J.N. Suresh, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
18. Smt. Lakshmi Shivashankar, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
19. Sri J.R.Kollura Setty, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
20. Sri J.R.Mahesh Kumar, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
21. Smt. Mamatha, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
22. Sri J.K.Gopalakrishna, Major, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
23. Smt. Lolakshamma, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
24. Smt. Pushpavathi, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103.
25. Smt. Jayalakshmi, Member, Javagal Gram Panchayat, Javagal, Arasikere Taluk, Hassan District – 573 103. … Respondents (By Sri M.A. Subramani, HCGP for R-1 & R-2;
Sri Varun J. Patil, Advocate for R-4 to R-15 & R-17 to R-25;
R-16 deleted vide order dated 22.02.2019;
Notice to R-3 is dispensed with v/o dated 22.02.2019) This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash the notice dated 30.01.2019 by the respondent No.2/Assistant Commissioner, Hassan Sub-Division, Hassan vide Annexure- D by allowing the above writ petition and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner has challenged the notice at Annexure-D dated 30.01.2019 whereby, the Assistant Commissioner has convened the meeting on 16.02.2019 to consider the motion of no-confidence moved by the members.
2. This Court, by its order dated 15.02.2019 had granted an interim order of stay while observing that there were certain allegations made in the complaint and it was required to be considered as to whether the motion of no-confidence was one moved under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short ‘Act’).
3. The learned counsel appearing for the respondent Nos.4 to 25 has filed a memo stating that respondent Nos.4 to 25 do not intend to continue with the no-confidence motion that has been moved and also seek for liberty to move a fresh motion of no-confidence in accordance with law.
4. In light of the memo filed and submissions made, the notice at Annexure-D dated 30.01.2019 is set aside. However, liberty is granted to the members to move a fresh motion of no-confidence under Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short ‘Act’) as per law. If such motion of no-confidence is moved, the Assistant Commissioner to strictly adhere to the procedural requirements as per the Rules. All contentions of both the parties are kept open.
This petition is accordingly disposed of.
VGR Sd/- JUDGE