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2025 DAILYLAW 11020 (KAR)

H K BASAMMA v. THE STATE OF KARNATAKA

WP/201415/2025 · 2025-05-22

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2744 WP No. 201415 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 201415 OF 2025 (LB-ELE) BETWEEN: SMT. H. K. BASSAMMA W/O ASHOK, AGED ABOUT 40 YEARS, OCCU: PRESIDENT, GOREBAL GRAM PANCHAYAT, R/O. WARD NO.3, GOREBAL VILLAGE, TQ. SINDHANUR, DIST. RAICHUR-584 128. …PETITIONER (BY SRI B. K. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PANCHAYAT RAJ, VIDHAN SOUDHA, BANGALORE, BY ITS SECRETARY-560001. 2. THE DEPUTY COMMISSIONER, LINGASUGUR, DIST. RAICHUR-584 101. 3. THE ASSISTANT COMMISSIONER, LINGASUGUR, DIST. RAICHUR-584 101. 4. THE GRAM PANCHAYAT, GOREBAL, TQ. SINDHANUR, DIST. RAICHUR-584 128, REPRESENTED BY PDO. 5. SMT. SRIVARDHINI W/O SATYANARAYAN, AGE: 65 YEARS, OCCU: VICE-PRESIDENT, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2744 WP No. 201415 of 2025 GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 6. SRI MARIDEVA S/O SHYAMANNA, AGE: 30 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 7. SRI. R. SANTOSHKUMAR S/O RUDRAGOUDA, AGE:40 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 8. SRI. DEVENDRAGOUDA S/O MUKAREDDEPPA, AGE:42 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 9. SRI. CHANDRAPPA S/O BADAPPA, AGE:38 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 10. SRI. RAGHAVENDRA S/O HANUMANTAPPA PUJARI, AGE:30 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 11. SMT. LALITAMMA W/O FAKEERAPPA, AGE:35 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 12. SMT. GANGAMMA W/O BEERAPPA KAPGALLA, AGE:70 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 13. SMT. LAXMI W/O FAKEERAPPA, AGE:50 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, - 3 - NC: 2025:KHC-K:2744 WP No. 201415 of 2025 TQ. SINDHANUR, DIST. RAICHUR-584 128. 14. SMT. AMBAMMA W/O ADAYYA HIREMATH, AGE:65 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 15. SRI. LAXMAN RAO S/O SAVAREPPA, AGE: 62 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 16. SMT. VENKATLAXMI W/O SATYANARAYANA, AGE:53 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 17. SMT. SUNITA W/O OBALESH, AGE:32 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 18. SMT. YASHODAMMA W/O RAMSWAMY, AGE:36 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 19. SRI. SEENU S/O RAMRAJU, AGE:50 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 20. SRI. GOPI E. S/O NARASIMHAMURTHY, AGE:45 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 21. SRI. DEVAPPA S/O RANGAPPA, AGE:38 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. - 4 - NC: 2025:KHC-K:2744 WP No. 201415 of 2025 22. SRI. GANESH S/O VENKATRAO, AGE:41 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 23. SRI. RAJU M. S/O BALU, AGE:36 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 24. SRI. RAMKRISHNA S/O SURYANARAYANA, AGE:52 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 25. SRI. SAMBA SHIVARAO S/O JANAKAYYA, AGE:62 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 26. SMT. C.H. PREMILA W/O SUBBARAO, AGE:38 YEARS, OCCU MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 27. SRI. SUBBARAO S/O NARAYANMURTHY, AGE:55 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 28. SMT. AMBAMMA W/O BASAVARAJ, AGE:34 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 29. SMT. NAGAMMA W/O ANAND, AGE:40 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 30. SMT. NAGAMMA W/O BASAVARAJ, AGE:35 YEARS, OCCU: MEMBER, - 5 - NC: 2025:KHC-K:2744 WP No. 201415 of 2025 GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 31. SMT. PREMILA W/O SANJEEVRAO, AGE:46 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 32. SMT. MAHIMUDA BEGUM W/O MOULA HUSSAIN, AGE:32 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 33. SMT. ERAMMA W/O SHARANABASAVA, AGE:34 YEARS, OCCU: MEMBER, GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. 34. SRI. VIJAYKUMAR S/O MALLAPPA, AGE:42 YEARS, OCCU: MEMBER, R/O. GOREBAL GRAM PANCHAYAT, TQ. SINDHANUR, DIST. RAICHUR-584 128. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3; SRI BASAVARAJ R. MATH, ADVOCATE R5 TO R34) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTICE ISSUED BY THE RESPONDENT NO.3 DATED 09.05.2025 AT ANNEXURE-B. B) ISSUE WRIT OF CERTIORARI BY QUASHING THE IMPUGNED REQUISITION SUBMITTED BY THE RESPONDENT NO.8 TO 20 DATED 04.04.2025 ANNEXURE-A. C) ISSUE ANY WRIT, ORDER OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT IN CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - NC: 2025:KHC-K:2744 WP No. 201415 of 2025 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri. B.K. Patil, learned counsel for the writ petitioner, learned Additional Government Advocate who represents respondents No.1 to 3 and Sri. Basavaraj R. Math, learned counsel who represents No.5 to 34. 2. This writ petition is filed seeking the Court to quash the notice dated 09.05.2025 which was issued by respondent No.3 as well as the requisition submitted by respondents No.8 to 20 dated 04.04.2025. 3. Learned counsel for the writ petitioner submits that the petitioner was elected as the member of the Gram Panchayath, Gorepal Village and was chosen to be the President of the said Gram Panchayath. A representation was given moving no-confidence motion against the petitioner. On the basis of the said representation, a date was fixed for holding meeting. The meeting is proposed to - 7 - NC: 2025:KHC-K:2744 WP No. 201415 of 2025 be held on 27.05.2025. The members are required to be served with the notice of holding meeting. However, the authorities served notice upon the son of one of the members of Gram Panchayath by name Devappa and the said son is only 10 years old. Likewise, notice was served upon a 15 years old daughter of another Gram Panchayath member by name Lalitamma. Thus, service of notice upon those two members is insufficient and invalid and therefore, the notice issued is required to be quashed and equally the requisition submitted by respondents No.8 to 20 should also be quashed. 4. Vehemently opposing the submission thus made, learned Additional Government Advocate states that the intention of the petitioner is to hold his office as President and indeed apart from serving notice, copies of notice were affixed at conspicuous place of the houses of those two members. 5. The submission that is made by Sri. Basavaraj R. Math, learned counsel who represents respondents No.5 - 8 - NC: 2025:KHC-K:2744 WP No. 201415 of 2025 to 34 is that issuance of notice is not at all required as notice was already served upon all the members. Learned counsel submits that suppressing the real facts, the present writ petition is filed. Learned counsel contends that in respect of the same issue, W.P.No.201171/2025 was filed by the petitioner herein and the said writ petition was dismissed by the order dated 06.05.2025. On dismissal of the said writ petition, a date was fixed for no- confidence motion as 27.05.2025 and through the impugned notice, intimation of the date was given. 6. Learned counsel further submits that the writ petitioner intentionally suppressed filing of earlier writ petition i.e., W.P.No.201171/2025 and the writ petitioner indeed misled this Court. Learned counsel also states that if really aggrieved, those two members should have approached this Court, but as they received notice, they kept quite and therefore, the petitioner has no locus standi to file the present writ petition. - 9 - NC: 2025:KHC-K:2744 WP No. 201415 of 2025 7. As rightly put forth by learned Additional Government Advocate and learned counsel appearing for rest of the respondents i.e., respondents No.5 to 34, the subject matter in W.P.No.201171/2025 is in respect of the no-confidence motion dated 04.04.2025 moved against the present petitioner herein. Nowhere in the writ petition, the petitioner averted about filing of the said writ petition i.e., W.P.No.201171/2025. That apart, those two members i.e., Devappa and Lalitamma did not join the petitioner for filing the present writ petition. Indeed, Smt. Lalitamma is figured as respondent No.11 and Sri. Devappa is figured as respondent No.21. All these facts indicate in clear terms and strengthen the submission of learned Additional Government Advocate that the present writ petition is filed only to get an order from this Court so that no-confidence motion can be stopped. 8. Even on merits this Court does not find grounds to entertain this petition in the light of the discussion made above. - 10 - NC: 2025:KHC-K:2744 WP No. 201415 of 2025 9. Therefore, the writ petition stands dismissed. 10. Time for a week is granted to Sri. Basavaraj R. Math, learned counsel to file vakalath for respondents No.5 to 34. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE MCR List No.: 1 Sl No.: 12 CT:PK