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2025 DAILYLAW 11013 (KAR)

BASAYYA v. THE STATE OF KARNATAKA

WP/201390/2025 · 2025-06-20

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3253 WP No. 201390 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.201390 OF 2025 (LB-ELE) BETWEEN: BASAYYA S/O NAGAYYA, AGE: 48 YEARS, OCC: AGRICULTURE AND PRESIDENT OF GRAM PANCHAYAT SHEBELLI, TQ. AURAD-B, DIST. BIDAR. …PETITIONER (BY SRI. MANURE ASHOK KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF PANCHAYATRAJ, VIDHAN SOUDHA, BANGALORE, BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, DIST. BIDAR. 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, BIDAR. 4. THE ASSISTANT COMMISSIONER, BIDAR, DIST. BIDAR. 5. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT SHEBELLI, Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3253 WP No. 201390 of 2025 6. RAJAPPA S/O MARUTEPPA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT SHEBELLI, TQ. AURAD-B, DIST. BIDAR R/O BELUR. 7. MADAPPA S/O RAGHUNATH, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT SHEBELLI, TQ. AURAD-B, DIST. BIDAR R/O CHATNAL. 8. GUNDAPPA S/O SHANKAR, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT SHEBELLI, TQ.AURAD-B, DIST. BIDAR R/O SHEBELLI. 9. JANABAI W/O RAJKUMAR, AGE: MAJOR, OCC: MEMBER OF, GRAM PANCHAYAT SHEBELLI, TQ. AURAD-B, DIST. BIDAR R/O CHATNAL. 10. DATTATRI S/O BANDEPPA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT SHEBELLI, TQ. AURAD-B, DIST. BIDAR R/O CHATNAL. 11. JAGADEVI W/O NAGANATH, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT SHEBELLI, TQ. AURAD-B, DIST. BIDAR R/O SHEBELLI 12. RENUKA W/O AMBADAS, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT SHEBELLI, TQ. AURAD-B, DIST. BIDAR R/O BELUR 13. SUJATA W/O MACHENDRA, AGE: MAJOR, OCC: MEMBER OF, GRAM PANCHAYAT SHEBELLI, TQ. AURAD-B, DIST. BIDAR R/O BELUR. - 3 - HC-KAR NC: 2025:KHC-K:3253 WP No. 201390 of 2025 14. SHANTAMMA W/O SRIMANT, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT SHEBELLI, TQ. AURAD-B, DIST. BIDAR R/O SHEBELLI. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA FOR R1 TO R4; SRI. R. S. SIDHAPURKAR, ADVOCATE FOR C/12) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED NOTICE DATED 28.04.2025 IN FILE NO. REV/ELE/CR-13/10- 2025-26/174-85 ISSUED BY RESPONDENT NO.4. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR JUSTICE M.I.ARUN) The petitioner is the Adhyaksha of Shembelli Gram Panchayat, Aurad-B Taluk, Bidar District. A no-confidence motion has been moved against him. The same is challenged in the writ petition on the ground that in spite of there being no allegation against the petitioner, the no-confidence motion is moved against him. - 4 - HC-KAR NC: 2025:KHC-K:3253 WP No. 201390 of 2025 2. The petitioner in the instant writ petition has not alleged any irregularity in the procedure contemplated while moving the no-confidence motion. The no-confidence motion is moved as per the provisions of Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. It does not mandate that there has to be certain allegations against the Adhyaksha for moving a no-confidence motion. For the said reason writ petition being devoid of merits is hereby dismissed. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 11 CT:SI