- 1 - HC-KAR NC: 2025:KHC-K:3080 WP No. 201608 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201608 OF 2025 (LB-ELE) BETWEEN: APPU S/O VITTHAL NAYAK, AGE: 41 YEARS, OCC: PRESIDENT OF HUNASHYAL GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208, R/O KARIBHANTHANAL VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. …PETITIONER (BY SRI. RATHOD SUBHASCHANDRA DESU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF PANCHAYAT RAJ, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BANGALORE-560 001. 2. THE REGIONAL COMMISSIONER, BELAGAVI, TQ. & DIST. BELAGAVI-590 002. 3. THE DEPUTY COMMISSIONER, VIJAYAPURA, TQ. & DIST. VIJAYAPURA-586 101. 4. THE ASSISTANT COMMISSIONER, Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3080 WP No. 201608 of 2025 VIJAYAPURA, 1ST FLOOR, MINI VIDHAN SOUDHA, KANAKADAS BADVANE, TQ. & DIST. VIJAYAPURA-586 101. 5. THE PANCHAYAT DEVELOPMENT OFFICER (PDO), HUNASHYAL P.B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 6. KASHIBAI W/O SHIVAJI RATHOD, AGE: MAJOR, OCC: VICE PRESIDENT, HUNASHAYAL P.B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, R/O SANKANAL VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 7. SUMITRA W/O MANTGOUDA BIRADAR, AGE: MAJOR, OCC: MEMBER OF HUNASHAYAL P. B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, R/O SANKANAL VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 8. DEVAREDDI S/O RAMU GADADINNI, AGE: MAJOR, OCC: MEMBER OF HUNASHAYAL P. B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, R/O SANKANAL VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 9. MADIVALAPPA S/O MALLAPPA KONDAGULI, AGE: MAJOR, OCC: MEMBER OF HUNASHAYAL P. B. GRAM PANCHAYAT, - 3 - HC-KAR NC: 2025:KHC-K:3080 WP No. 201608 of 2025 TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, R/O SANKANAL VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 10. NAGAMMA NAIKODI, AGE: MAJOR, OCC: MEMBER OF HUNASHAYAL P. B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, R/O HUNASHAYL P. B. VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 11. MANAPPA S/O GURASANGAPPA ALUR, AGE: MAJOR, OCC: MEMBER OF HUNASHAYAL P.B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, R/O HUNASHAYL P. B. VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 12. SHANTAPPA S/O SIDDAPPA ALUR, AGE: MAJOR, OCC: MEMBER OF HUNASHAYAL P.B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, R/O HUNASHAYL P. B. VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 13. ASHOK S/O SANGAPPA LINGAREDDY, AGE: MAJOR, OCC: MEMBER OF HUNASHAYAL P.B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, R/O KARIBHANTHANAL VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 14. SEETABAI W/O NAGANAGOUDA BIRADAR, AGE: MAJOR, OCC: MEMBER OF HUNASHAYAL P. B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, - 4 - HC-KAR NC: 2025:KHC-K:3080 WP No. 201608 of 2025 R/O KARIBHANTHANAL VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 15. SUVARNA W/O SIDDARUDA ALUR, AGE: MAJOR, OCC: MEMBER OF HUNASHAYAL P. B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, R/O HUNASHAYL P. B. VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. 16. JYOTIBAI W/O LAXMAN RATHOD, AGE: MAJOR, OCC: MEMBER OF HUNASHAYAL P. B. GRAM PANCHAYAT, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA, R/O KARIBHANTHANAL VILLAGE, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 208. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA FOR R1 TO R4; SRI. S. S. MAMADAPUR, ADVOCATE FOR SRI. I. S. CHIMMALAGI & SMT. LAKSHMI G. E., ADVOCATES FOR C/R13; V/O DATED 16.06.2025 NOTICE TO R5 TO 12 AND R14 TO R16 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, 1) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING IMPUGNED NOTICE NO.£ÀA.UÁæ.¥ÀA/ ZÀÄ£Á/ C«ªÀÄA/¹ Dgï-01/ 2025-26 DATED 31-05-2025 ISSUED BY RESPONDENT NO.4 HEREIN AT ANNEXURE-D. 2) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 PASS NECESSARY ORDER WITHOUT - 5 - HC-KAR NC: 2025:KHC-K:3080 WP No. 201608 of 2025 DELAY ON REPORT SUBMITTED BY THE CEO VIJAYPUR DATED 31.07.2024 AT ANNEXURE-C. THIS PETITION COMING ON FOR PRELIMINARY HEARING, 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) Petitioner is President of Hunashyal Gram Panchayat. A motion of no confidence is moved against him, which is to be held on 19.06.2025 at 11.30 a.m. Respondent Nos.7 and 12 are said to be members of the Gram Panchayat and proceedings under Section 43-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 for removal, is said to be pending against them before respondent No.2. 2. The present writ petition is filed to set aside the no confidence motion against the petitioner herein on the ground that respondent Nos.7 and 12 are also permitted to participate in the no confidence motion and it is essential to pass appropriate orders regarding their - 6 - HC-KAR NC: 2025:KHC-K:3080 WP No. 201608 of 2025 removal first before initiation of any no confidence motion against the petitioner herein. 3. Removal of respondent Nos.7 and 12 is a separate proceeding from that of no confidence motion moved against the petitioner. Admittedly, no other valid ground is urged by the petitioner for challenging the no confidence motion. Presently, respondent Nos.7 and 12 are members of the Gram Panchayat and only proceedings have been initiated to have them removed, but no orders have been passed so far. In the meanwhile, motion of no confidence against the petitioner is to be conducted on 19.06.2025. Admittedly, there is no impediment in law for respondent Nos.7 and 12 to participate in the proceedings. No other valid reason is assigned to challenge the no confidence motion against the petitioner. 4. For the aforementioned reasons, the writ petition is hereby dismissed. - 7 - HC-KAR NC: 2025:KHC-K:3080 WP No. 201608 of 2025 5. It is needless to state that dismissal of the writ petition will not come in the way of proceedings initiated against respondent Nos.7 and 12. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 28