IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.58176/2018 (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. G.S.Venkat Subba Rao, Advocate) And 1. State of Karnataka Department of Panchayath 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 Panchayath Javagal Village, Rep. by its Panchayath Development Officer, Arasikere Taluk, 4. Sri J.N.Shivashankar, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
5. Smt. Shankaramma, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
6. Sri J.S.Santhosh Kumar, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
7. Smt. Jayalakshmi, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
8. Sri J.K.Ranganath, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
9. Smt.K.T.Nanjamma Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
10. Sri Kumara Naik, Major Member, Javagal Gram Panchayath, Dyamanahalli Thanda, Arasikere Taluk, Hassan District-573 103.
11. Sri J.T.Kumara Setty, Major 12. Smt. J.R.Yashodamma, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
13. Sri J.S.Parameshwar, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
14. Sri D.R.Anand, Major Member, Javagal Gram Panchayath, Doddaghatta, Arasikere Taluk, Hassan District-573 103.
15. Smt. V.Pavithra, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
16. Sri J.K.Gopalakrishna, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
17. Sri J.N.Suresh, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
18. Smt. Lakshmi Shivashankar, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
19. Sri J.R.Kollura Setty, Major 20. Sri J.R.Mahesh Kumar, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103.
21. Smt. Mamatha, Major Member, Javagal Gram Panchayath, Javagal, Arasikere Taluk, Hassan District-573 103. ... Respondents (By Sri. M.A.Subramani, HCGP for R1 and R2, Sri Varun J. Patil, Advocate for R4, R5, R9, R11 to R14, R16, R17, R19 & R21 & Notice to R3-dispensed with) This Writ Petition is filed under Article 226 of the Constitution of India praying to quash the notice dated 15.12.2018 by the R-2/Assistant Commissioner, Hassan Sub-Divn., Hassan vide Annexure-E 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-E, dated 15.12.2018 issued by the Assistant Commissioner wherein meeting has been convened on 03.01.2019 on the ground that the complaint was submitted on 04.12.2018 as per Annexure-B and if that were to be so, as per Rule 3(2) of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 (for short ‘the Rules’), meeting ought to have been convened by 02.01.2019. Accordingly, it is submitted that the meeting has been convened beyond the time prescribed.
2. Learned counsel for respondent Nos.4 to 21 has filed a memo stating that he concedes the ground raised by the petitioner as regards the violation of Rule 3(2) of the Rules.
3. However, learned Additional Government Advocate for respondent No.1 and 2 points out that on perusal of the complaint at Annexure-B as allegations have been made, the said motion of no-confidence cannot be sustained.
4. In the light of the law laid down by the Division Bench in W.A.No.844/2018 and connected matters dated 12.10.2018, it is clear that no motion of no-confidence with allegations would be proceeded with till Rules are framed. In view of the said law laid down, the complaint in the present case being one with allegations is liable to fail on this ground itself.
5. Noticing the memo filed by the learned counsel for respondent Nos.4 to 21, the notice at Annexure-E, dated 15.12.2018 is set aside.
6. However, it is open to the members to move motion of no-confidence in accordance with law and the Assistant Commissioner in the event of moving of a fresh motion of no-confidence has to ensure strict adherence to the Rules.
Accordingly, writ petition is disposed of. All contentions of the petitioner is kept open.
Sd/- JUDGE HA/-