- 1 - NC: 2025:KHC:523 WP No. 39 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 39 OF 2025 (LB-RES) BETWEEN: 1. SHRI HEMANATH KUMAR B C S/O CHOODEGOWDA. B., AGED ABOUT 45 YEARS., PRESIDENT OF BANNIKUPPE(KAI) VILLAGE PANCHAYATH, BANNIKUPPE VILLAGE AND POST, KAILANCHA HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562131. …PETITIONER (BY SRI HALESHA R G, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE DEPARTMENT OF PANCHAYATH RAJ AND, RURAL DEVEVELOPMENT, DR. B. R. AMBEDKAR VEEDHI, M. S. BUILDING, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGAR TALUK ADMINISTRATIVE OFFICE, IST FLOOR, B. M. ROAD, RAMANGARA-562131. 3. THE BANNIKUPPE(KAI) GRAMAPANCHAYATH, REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER, BANNIKUPPE VILLAGE AND POST, KAILANCHA HOBLI, RAMANGARA TALUK, RAMANAGARA DISTRICT-562131. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:523 WP No. 39 of 2025 4. SRI. CHALUVARAJU. N. Y., S/O VYRAMUNDIGOWDA, AGE ABOUT 49 YEARS, MEMBERS OF BANNIKUPPE(KAI), VILLAGE PANCHAYATH, NANJAPURA VILLAGE, LAKKOJANAHALLI POST, KAILANCHA HOBLI, RAMANAGARA TALUK-562131. 5. SMT. NAVEENAKUMARI, W/O H. NAGARAJAIAH, AGE ABOUT 41 YEARS, MEMBERS OF BANNIKUPPE(KAI), VILLAGE PANCHAYATH, LAKKOJANAHALLI POST, KAILANCHA HOBLI, RAMANAGARA TALUK-562131. 6. SMT. RAJAMMA, W/O CHIKKASWAMYCHAR, AGED ABOUT 62YEARS, MEMBERS OF BANNIKUPPE(KAI), VILLAGE PANCHAYATH, HOSADODDI VILLAGE, LAKKOJANAHALLI POST, KAILANCHA HOBLI, RAMANAGARA TALUK-562131. 7. SMT. SHOBHA, W/O RAMACHANDRA, AGED ABOUT 55 YEARS MEMBERS OF BANNIKUPPE(KAI), VILLAGE PANCHAYATH, BANNIKUPPE VILLAGE AND POST, KAILANCHA HOBLI, RAMANAGARA TALUK-562131. 8. SMT. SHIVAMMA, W/O SHIVANNA, AGED ABOUT 33 YEARS, MEMBERS OF BANNIKUPPE(KAI), VILLAGE PANCHAYATH, KADANAKUPPE VILLAGE, LAKKOJANAHALLI POST, KAILANCHA HOBLI, RAMANAGARA TALUK-562131. 9. SHRI. R. RAVIKUMAR, S/O RAMAIAH, AGED ABOUT44 YEARS, - 3 - NC: 2025:KHC:523 WP No. 39 of 2025 MEMBERS OF BANNIKUPPE(KAI), VILLAGE PANCHAYATH, LAKKAPPANAHALLI VILLAGE, BANNIKUPPE POST, KAILANCHA HOBLI, RAMANAGARA TALUK-562131. 10. SHRI. KUMAR. T. S/O DODDAVENKATASWAMY, AGED ABOUT 33 YEARS, MEMBERS OF BANNIKUPPE(KAI), VILLAGE PANCHAYATH, VADDARADODDI VILLAGE, BANNIKUPPE POST, KAILANCHA HOBLI, RAMANAGARA TALUK-562131. 11. SHRI. CHANDRAGIRI, S/O LATE. HANUMAIAH, AGED ABOUT YEARS, MEMBERS OF BANNIKUPPE(KAI), VILLAGE PANCHAYATH, BANNIKUPPE VILLAGE, BANNIKUPPE POST, KAILANCHA HOBLI, RAMANAGARA TALUK-562131. 12. SMT. JYOTHI, W/O RUDRAPPA, AGED ABOUT 43 YEARS, MEMBERS OF BANNIKUPPE(KAI), VILLAGE PANCHAYATH, KADANAKUPPE VILLAGE, LAKKOHALLI POST, KAILANCHA HOBLI, RAMANAGARA TALUK-562131. 13. SMT. POORNIMA. J. V., W/O SHIVAMURTHY, AGE 36 YEARS. MEMBERS OF BANNIKUPPE(KAI), VILLAGE PANCHAYATH, JAKKANAHALLI VILLAGE, BANNIKUPPE POST, KAILANCHA HOBLI, RAMANAGARA TALUK-562131. - 4 - NC: 2025:KHC:523 WP No. 39 of 2025 …RESPONDENTS (BY SRI RAHUL CARIAPPA, AGA FOR R-1 & R-2; SRI M.S. DEVARAJU, ADVOCATE FOR R-3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION BEARING NO. ELN/CR/05/2024-25 DTD. 19.12.2025 IN FORM NO. 2(NOTICE UNDER RULES 3(2)) ISSUED BY THE R-2 AND PRODUCED AT ANNX-A.GRANT AN INTERIM ORDER TO STAY OF OPERATION OF THE IMPUGNED NOTIFICATION BEARING NO. ELN/CR/05/2024-25 DTD. 19.12.2025 IN FORM NO. 2 (NOTICE UNDER RULES 3(2)) ISSUED BY THE R-2 AND PRODUCED AT ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is challenging Annexure – A, a notice issued by the Assistant Commissioner convening a special meeting to consider the no-confidence motion sought to be moved by the members of the Grama Panchayath. 2. It is not in dispute that a requisition was submitted by ten members of the Panchayath to the Assistant - 5 - NC: 2025:KHC:523 WP No. 39 of 2025 Commissioner requesting that a special meeting be convened, since they intended to move a motion of no-confidence against the petitioner. This requisition was received on 17.12.2024 and, as a consequence, the Assistant Commissioner has issued the impugned notice. 3. It is the case of the petitioner that since an allegation was made in the requisition against the petitioner, the motion for no-confidence cannot be considered unless an enquiry is conducted. 4. The petitioner seeks to place reliance on Section 48(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 to contend that an enquiry is a must whenever an allegation is made before the submission of the motion for no-confidence. 5. It is to be noticed here that Section 48 deals with resignation of an Adhyaksha and Upadhyaksha. Section 48(4) contemplates an opportunity of - 6 - NC: 2025:KHC:523 WP No. 39 of 2025 hearing to an Adhyaksha or Upadhyaksha if it is found that he is required to be removed for persistently remaining remiss or is guilty of misconduct. 6. Since, in the instant case, the petitioner has not sought to be removed on the grounds specified under Section 48(4), the question of affording an opportunity to the petitioner as contemplated under Section 48(4) would not arise. 7. The case of the petitioner would fall within the ambit of Section 49(2), which contemplates a special meeting to be convened whenever a requisition is issued to move a motion of no-confidence. In this case, the requisition of the ten members clearly states that they intend to move a motion of no- confidence and, therefore, Section 49(2) alone would be applicable. - 7 - NC: 2025:KHC:523 WP No. 39 of 2025 8. In am therefore of the view that there is no merit in this writ petition. This writ petition is therefore dismissed. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 7