- 1 - NC: 2025:KHC-K:2285-DB WA No. 200111 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.200111 OF 2025 (LB-ELE) BETWEEN: SMT. SANGEETA W/O NAGESH KAMBALE, AGED ABOUT 38 YEARS, OCC: PRESIDENT, GRAM PANCHAYATH ATANOOR R/O ATANOOR VILLAGE, TQ. AFZALPUR, DIST. KALABURAGI-585301 …APPELLANT (BY SRI R.S. KADGANCHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDING BENGALOORU.-560001. 2. THE DEPUTY COMMISSIONER, KALABURAGI-585101 3. THE ASSISTANT COMMISSIONER KALABURAGI-585102 4. THE EXECUTIVE OFFICER, TALUKA PANCHAYAT KALABURAGI-585102 Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2285-DB WA No. 200111 of 2025 5. GRAM PANCHAYAT, ATANOOR REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER TQ. AFZALPUR, DIST. KALABURGI -585 301 6. SMT. BHIMABAI W/O YAMANAPPA AGED ABOUT 32 YEARS, OCC: MEMBER OF GRAM PANCHYATH, ATANOOR 7. SMT. SANTOSHKUMARI W/O MALLIKARJUN KHARGE AGED ABOUT 45 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE 8. SRI MANSOOR PATEL S/O MADIN PATEL, AGED ABOUT 35 YEARS, OCC: MEMBER, GRAM PANCHYATH ATANOOR VILLAGE. 9. SMT. SHOBHA W/O GURU PATIL, AGED ABOUT 45 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE 10. SRI IRANNA GOUDA S/O SHIRAGAPPA GOUDA AGED ABOUT 34 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE 11. SMT. JAYASHREE W/O SIDHARAM UPPIN, AGED ABOUT 33 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE 12. SRI SHIVANINGAYYA S/O IRAYYA SUGAIGOLA AGED ABOUT 35 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE 13. SRI RAFEEQ S/O MAHIBOOB SAB DADEDAR AGED ABOUT 34 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE 14. SMT. NAGAMMA W/O SHARANAPPA SUTAR - 3 - NC: 2025:KHC-K:2285-DB WA No. 200111 of 2025 AGED ABOUT 52 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE. 15. SMT. PARVATI W/O JAGANATH GOLASAR AGED 32 YRS OCC: MEMBER GRAM PANCHAYAT ATANOOR VILLAGE 16. SRI SHARANAPPA S/O IRANNA JAMADAR AGED 55 YRS OCC: MEMBER GRAM PANCHAYAT ATANOOR VILLAGE 17. SMT. BHORAMMA W/O NAGENDRA HALAKARTI AGED 34 YRS, OCC: MEMBER GRAM PANCHAYAT ATANOOR VILLAGE 18. SRI ASIF ALI S/O KHAJABAI NADAF, AGED 35 YRS, OCC: MEMBER GRAM PANCHAYAT ATANOOR VILLAGE 19. SMT SHARIFA BEE W/O BHASHA PATEL AGED 46 YRS, OCC: MEMBER GRAM PANCHAYAT ATANOOR VILLAGE RESPONDENT NO.6 TO 19 ALL R/O ATANOOR VILLAGE TQ. AFZALPUR. DIST. KALABURGI-585301 …RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R3; SRI RAVI B. PATIL, ADVOCATE FOR C/R17) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE ABOVE WRIT APPEAL BY SET ASIDE THE INTERIM ORDER DATED 08.04.2025 IN WP NO.201053/2025 PASSED BY LEARNED SINGLE JUDGE FOR THE REASON AND GROUNDS MENTIONED HEREIN ABOVE AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC-K:2285-DB WA No. 200111 of 2025 CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed being aggrieved by the order dated 08.04.2025 passed in W.P.No.201053/2025 by the learned Single Judge. The said order is not placed along with the appeal. 2. Sri R.S. Kadaganchi, learned counsel appearing for the appellant submits that the motion of no-confidence moved by the Members at Annexure-B indicates the names of two members on the top of the requisition dated 19.03.2025, however, their signature does not find the place. It is further submitted that based on such requisition, the Assistant Commissioner issued notice dated 26.03.2025 which was never served on the appellant. Hence, he seeks to stay the further proceedings. 3. Per contra, learned Additional Government Advocate appearing for respondent Nos.1 to 3 and Sri Ravi - 5 - NC: 2025:KHC-K:2285-DB WA No. 200111 of 2025 B. Patil, learned counsel appearing for caveator/ respondent No.17 submits that the requisition dated 19.03.2025 specifies the name of two persons on the top of the requisition and it is also enclosed with the 14 members’ list with their signature. In the said list, two persons referred on the top of the notice by the Assistant Commissioner have signed the requisition. It is further submitted that insofar as no confidence notice issued by the Assistant Commissioner dated 26.03.2025, is affixed on the residence of the appellant as he refused to receive the same and the same was sent through Whatsapp also. Hence, they seek to dismiss the appeal. 4. We have heard the arguments of both side and perused the material available on record. 5. The requisition dated 19.03.2025 moved by the contesting respondents indicates that the Assistant Commissioner has written two names on the top of the requisition and those two members have signed the requisition. Hence, there is full compliance of the - 6 - NC: 2025:KHC-K:2285-DB WA No. 200111 of 2025 requirement of Rule 3 of sub-rule (1) of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994. Insofar as service of notice of no-confidence motion is concerned, the material on record indicate that the said notice was served on the appellant by affixture and by way of Whatsapp. Hence, we do not find any justified reason to interfere with the order of the learned Single Judge and the process of no confidence motion. The appeal is devoid of merit and is accordingly rejected. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE SWK List No.: 2 Sl No.: 2 CT:SI