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2025 DAILYLAW 10042 (KAR)

DRAKSHAYANI v. THE STATE OF KARNATAKA

WP/200722/2025 · 2025-03-14

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1626 WP No. 200722 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200722 OF 2025 (LB-ELE) BETWEEN: DRAKSHAYANI W/O SUBHASH MELINAMANI, AGED ABOUT 51 YEARS, OCC: PRESIDENT, GRAM PANCHAYAT, DHAVALAGI VILLAGE, TQ:MUDDEBIHAL, DIST: VIJAYAPURA. …PETITIONER (BY SRI SRINIVAS B.JOSHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY, DEPT. OF PANCHAYAT RAJ, M.S. BUILDING, BENGALURU-560 002. 2. THE DEPUTY COMMISSIONER, VIJAYAPURA – 586 101. 3. THE ASSISTANT COMMISSIONER, SUB-DIVISION MAGISTRATE, VIJAYAPUR, DIST: VIJAYAPURA. 4. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, VIJAYAPURA, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1626 WP No. 200722 of 2025 DIST VIJAYAPURA – 586 101. 5. THE TAHASILDAR GRADE-II, O/O ASSISTANT COMMISSIONER, MUDDEBIHAL, DIST: VIJAYAPURA. 6. THE EXECUTIVE OFFICER, TALUKA PANCHAYAT, MUDDEBIHAL, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 7. THE DHAVALAGI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT DEVELOPMENT OFFICER, DHAVALAGI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 8. SURESH S/O. BASANAGOUDA PATIL, AGED: MAJOR, OCC: VICE-PRESIDENT, GRAM PANCHAYAT, DHAVALAGI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA, R/O: DHAVALAGI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 9. HANAMAVVA W/O. SABANNA HARIJAN, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.1, R/O: DHAVALAGI VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 10. SHANTAMMA W/O SAHEBGOUDA JAMADARKANI, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.1, R/O: DHAVALAGI VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 11. RAMANAGOUDA S/O. APPUGOUDA BIRADAR, - 3 - NC: 2025:KHC-K:1626 WP No. 200722 of 2025 AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.1, R/O: DHAVALAGI VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 12. SUBHASH S/O. KALLAPPA GUDIMANI, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.2, R/O: DHAVALAGI VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 13. ASHABEE W/O. NABISAB NADAF, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.2, R/O: DHAVALAGI VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 14. MALLAVVA W/O. MADIVALAPPA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.2, R/O: DHAVALAGI VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 15. VINOD S/O MANOHAR KOONUR, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.2 R/O: DHAVALAGI VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 16. MAIBOOBI W/O. CHANDESAB BAGWAN, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.3, R/O: HALLUR VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. - 4 - NC: 2025:KHC-K:1626 WP No. 200722 of 2025 17. LAXMI W/O. SHIVANAND SURPUR, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.3, R/O: HALLUR VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 18. JAISHREE W/O. SHIVANAND UPPALDINNI, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.4, R/O: HALLUR VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 19. BASAVARAJ S/O. GURUBASAPPA BYALAL, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.4, R/O: HALLUR VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 20. SHANTAPPA S/O SOMARAYA HOSMANI, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.6, R/O: AGASBAL VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 21. GURUBAI W/O. ARVIND KASANKUNTI, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.6, R/O: AGASBAL VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 22. DUNDAPPA S/O. SHIVAPPA ARSUNAGI, AGE : MAJOR, OCC: MEMBER OF GRAM PANCHAYAT, DHAVALAGI, WARD NO.6, - 5 - NC: 2025:KHC-K:1626 WP No. 200722 of 2025 R/O: AGASBAL VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, A.G.A. FOR R1 TO R3 & R5; SRI SANDEEP V. PATIL, C/R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTICE AT ANNEXURE-D BEARING £ÀA.UÁæ.¥ÀA/ZÀÄ£Á/C«ªÀÄA/¹Dgï- 47/2024-25 DATED 27-02-2025 ISSUED BY 3RD RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner as well as learned counsel appearing for private respondents and learned Government Advocate for respondent/State. 2. The petition is filed assailing the notice dated 27.02.2025 at Annexure-D, fixing the date of hearing of ‘No confidence motion’ on 18.03.2025. This notice is issued pursuant to requisition dated 20.02.2025 wherein - 6 - NC: 2025:KHC-K:1626 WP No. 200722 of 2025 minimum number of persons who are required to move the requisition have signed the application. 3. Learned counsel appearing for the petitioner submits that false allegations are made against the petitioner without holding any enquiry, as such, ‘No confidence motion’ is not tenable. The contention raised in this petition relating to false allegation against the petitioner has to be addressed in the meeting scheduled to be held on 18.03.2025. 4. No defect in the notice is pointed, in the procedure prescribed to issue notice. 5. Under the circumstances, writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE SN List No.: 2 Sl No.: 15