- 1 - NC: 2025:KHC:1862 WP No. 949 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 949 OF 2025 (LB-RES) BETWEEN: 1. JAYAKUMAR B J S/O GANGADHARAGOWDA, AGED ABOUT 45 YEARS, R/O BIDARAKERE VILLAGE AND POST, BINDIGANAVILE, HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571802. …PETITIONER (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATI RAJ DEPARTMENT GOVERNMENT OF KARNATAKA M.S BUILDING BANGALORE-560001. 2. DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA-571802. 3. ASSISTANT COMMISSIONER, PANDVAPURA SUB-DIVISION, PANDAVAPURA MANDYA DISTRICT-571802. 4. EXECUTIVE OFFICER, TALUK PANCHAYAT, NAGAMANGALA TALUK, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1862 WP No. 949 of 2025 NAGAMANGALA, MANDYA DISTRICT-571802. 5. PANCHAYATH DEVELOPMENT OFFICER, LALANAKERE GRAMA PANCHAYATH. NAGAMANGALA TALUK, MANDYA DISTRICT-571802. 6. DARANENDRA.P.B. S/O BOREGOWDA AGED ABOUT 50 YEARS, R/AT No.10/3, PITTEKOPPALU VILLAGE, BINDIGANVILE HOBALI, LALINAKERE POST, NAGAMANGALA TALUK, MANDYA DISTRICT-571 802. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-3; SHRI.H.C.SHIVARAMU., ADVOCATE FOR C/RESPONDENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASHING THE ANNEXURE -L THAT THE NO CONFIDENCE NOTICE BEARING NO. CHU NA CR 83/2024-25 DATED 31-12-2024 ISSUED BY THE RESPONDENT NO. 3 THAT IS ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION PANDAVAPURA, AND CONSEQUENTLY CONTINUE THE PETITIONER AS PRESIDENT OF LALANKERE GRAM PANCAYTH, NAGAMANGAL TALUK , ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:1862 WP No. 949 of 2025 ORAL ORDER 1. The petitioner is challenging a special meeting convened on 21.01.2025 to consider the motion of no confidence moved by the members of Grama Panchayat. 2. It is the contention of the petitioner that this convening of special meeting is illegal because the petitioner is entitled to continue for a period of 15 months from 28.11.2024 i.e., the date on which W.P.No.28926/2024 filed by him was allowed. According to the petitioner, by virtue of the order passed in the writ petition, he would be entitled to a fresh tenure from the date of the order of this Court. 3. These facts are not in dispute. 4. The petitioner was elected on 08.08.2023 as Adhyaksha. The petitioner however chose to resign and submitted his resignation on 08.10.2024, but within 8 days thereafter he submitted a letter - 4 - NC: 2025:KHC:1862 WP No. 949 of 2025 withdrawing his resignation. However, the Authorities chose to accept his resignation on 21.10.2024 which was the reason for him to file W.P.No.28926/2024 in which this Court granted an interim order on 29.10.2024. 5. This Court vide order dated 28.11.2024 ultimately allowed the writ petition and set aside the order which had accepted his resignation. It is therefore clear that from 08.08.2023, the petitioner has been in office of Adhyaksha continuously. 6. The argument that by virtue of the order of this Court, in law, it is deemed that he was elected on 29.11.2024 cannot be accepted at all. It is to be stated here that the term of the office of the petitioner started on 08.08.2023 and continued uninterruptedly notwithstanding the resignation that the petitioner had given. The mere fact that the petitioner had resigned and he thereafter withdrew his resignation, which was upheld by this Court, will - 5 - NC: 2025:KHC:1862 WP No. 949 of 2025 not entitle to him a fresh term from the date of the order. 7. In this case, it is not in dispute that the requisite number of members have given a motion expressing no confidence and for convening a special meeting. Since this requisition has been accepted and a special meeting is convened, no infirmity can be found in the procedure adopted by the 3rd respondent. This petition is therefore dismissed. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 12