- 1 - HC-KAR NC: 2025:KHC-K:3940 WP No. 201729 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201729 OF 2025 (LB-ELE) BETWEEN: SRI. VIRA REDDY S/O KADAPPA RAJOLI, AGED ABOUT 43 YEARS, OCC: ADHYAKSHA, AROLI GRAM PANCHAYAT, TQ. & DIST. RAICHUR. …PETITIONER (BY SRI. GANESH NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PANCHAYAT RAJ REPRESENTED BY ITS PRINCIPAL SECRETARY, M. S. BUILDING-560001. 2. THE DEPUTY COMMISSIONER RAICHUR, DIST. RAICHUR-584101. 3. THE ASSISTANT COMMISSIONER OFFICE OF ASSISTANCE COMMISSIONER RAICHUR, DIST. RAICHUR-584101. 4. THE PANCHAYAT DEVELOPMENT OFFICER (PDO) AROLI GRAM PANCHAYAT, TQ. & DIST. RAICHUR-584203. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3940 WP No. 201729 of 2025 5. SRI. SHANKRAYYA S/O HANUMANTU, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT 6. SRI. RAMANNA S/O ERANNA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT 7. SMT. NASTINISA BEGAM W/O ANWAR ALI, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT. 8. SMT. HEMAVATI W/O CHANDRASHEKAR, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT. 9. SMT. LAKSHMI W/O NARASIMHA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT. 10. SMT. LAKSHMI W/O TAYANNA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT. 11. SRI. RAMESH S/O RAMAIAH, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT. 12. SMT. LAKSHMI W/O MALLAYYA, AGE: MAJOR OCC: MEMBER OF GRAM PANCHAYAT. 13. SRI. BHIMAIAH S/O MAREIAH AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT. 14. SMT. ERAMMA W/O SHIVAPPA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT. 15. LAKSHMI W/O GOVINDA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT . 16. SRI. HANUMAYYA S/O SHIVANNA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT . 17. YELLAMMA W/O DODDA DURUGAYYA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT. - 3 - HC-KAR NC: 2025:KHC-K:3940 WP No. 201729 of 2025 18. SMT. SUDHA W/O NARASIMHA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT . 19. SRI. PARASHURAMA S/O NARASAPPA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT . 20. BHIMA S/O YELLAPPA, AGE: MAJOR, OCC: MEMBER OF GRAM PANCHAYAT ALL OF R/O AROLI GRAM PANCHAYAT, TQ. & DIST. RAICHUR-584203. …RESPONDENTS (BY SRI. SRI. SHESHADRI JAISHANKAR M, AGA R1 TO R3; SRI. MAHADEV S. PATIL, ADVOCATE FOR R5 TO R20; SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT, MORE SO IN THE NATURE OF CERTIORARI AND GRANT THE FOLLOWING RELIEFS: ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING IMPUGNED NOTICE ISSUED BY RESPONDENT NO.3 IN FILE NO.RAIAC- ELECORLB/12/2025-ELN-RAICHUR AC DATED 09-06-2025 CALLING FOR MEETING TO DISCUSS NO-CONFIDENCE MOTION AGAINST THE PETITIONERS AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2025:KHC-K:3940 WP No. 201729 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner is the President of Aroli Gram Panchayat. No-confidence motion was moved against him. The notice of meeting of no-confidence was served on some of the members of Gram Panchayat on 17.06.2025. The meeting to discuss and vote on no-confidence motion was scheduled on 30.06.2025. The writ petition is filed on the ground that there is no clear fifteen days notice between service of notice of no- confidence and the date on which the meeting has been scheduled. 2. Rule 3(2) of Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence Against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules 1994, reads as under: (2) The Assistant Commissioner shall thereafter convene a meeting for the consideration of the said motion at the office of the Grama - 5 - HC-KAR NC: 2025:KHC-K:3940 WP No. 201729 of 2025 Panchayat on the date appointed by him which shall not be later than thirty days from the date on which the notice under sub-rule (1) was delivered to him. He shall give to the members a notice of not less than fifteen clear days of such meeting in Form II: [The Assistant Commissioner shall make sure that the allegations delivered are specific in the attached list of notice to prepare a report within seven days in respect of Taluk Panchayat Executive Officer]: Provided that where the holding of such meeting is stayed by an order of a Court, the Assistant Commissioner shall adjourn the said meeting and shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay, after giving to the members, after giving to the members a notice of not less than fifteen clear days of such adjourned meeting. 3. The law contemplates issuance of fifteen clear days notice which is not done in this case. Hence, the notice as well as the proposed meeting of no-confidence is liable to be set aside. 4. Hence, the following: - 6 - HC-KAR NC: 2025:KHC-K:3940 WP No. 201729 of 2025 ORDER (I) The impugned order issued by respondent No.3 in File No.:RAIAC-ELECORLB/12/2025- ELN-RAICHUR AC, dated 09.06.2025 calling for meeting to discuss no-confidence motion against the petitioner (Annexure-A to the writ petition) is hereby set aside. (II) The result of the vote on no-confidence motion held against the petitioner is also consequently set aside. (III) Liberty is given to the respondents to initiate a fresh no-confidence motion against the petitioner in accordance with law. Sd/- (M.I.ARUN) JUDGE SMP List No.: 1 Sl No.: 2 CT:SI