- 1 - NC: 2025:KHC:1999 WP No. 1131 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. 1131 OF 2025 (LB-RES) BETWEEN: 1. MRS. TAMKEEM BANU W/O H DADAPEER, AGED ABOUT 40 YEARS, R/AT NO.1997, HIDAYATH PURA, SIDDAPURA, CHITRADURGA-577520. …PETITIONER (BY SRI. MAHA,MAD TAHIR A., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, VIDHANA SOUDHA, BANGALORE 560 001, BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER CHITRADURGA, CHITRADURGA DISTRICT-577520. 3. ASSISTANT COMMISSIONER CHITRADURGA, CHITRADURGA DISTRICT-577520. 4. SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA TALUK, CHITRADURGA DISTRICT-577520. REPRESENTED BY PANCHAYAT DEVELOPMENT OFFICER 5. SRI. VISHNUVARDHANA.K Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1999 WP No. 1131 of 2025 S/O LATE KARIAPPA, AGED ABOUT 50 YEARS, MEMBER OF SIDDAPUR GRAM PANCHAYAT CHITRADURGS DISTRICT-577520. 6. SRL. PRASANNA G.M S/O LATE MRITUNJAYAPPA. AGED ABOUT 55 YEARS MEMBER OF SIDDAPUR GRAM PANCHAYAT CHITRADURGA DISTRICT-577 520. 7. SMT. MAITHRI T.S W/O SATCHIDANANDA, AGED ABOUT 37 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. 8. SRI. CHANDRAKUMAR.R S/O LATE C.K.RAMAPPA, AGED ABOUT 57 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. 9. SMT. MAMATA W/O SHIVAKUMAR, AGED ABOUT 42 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. 10. SRI. D. PRAKASH S/O LATE DASAPPA, AGED ABOUT 43 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. 11. MRS. RATNAMMA W/O LATE JAYAPPA, AGED ABOUT 62 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520 - 3 - NC: 2025:KHC:1999 WP No. 1131 of 2025 12. SRI. RANGASWAMY S/O ERAPPA, AGED ABOUT 43 YEARS, 13. SMT. SHILPA H W/O THIPPESWAMY AGED ABOUT 35 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. 14. SRI. D.S. LOKESH S/O LATE DEVENDRAPPA, AGED ABOUT 57 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. 15. SRI. THIPPESWAMY.R S/O LATE RAMACHANDRAPPA AGED ABOUT 51 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. 16. MRS. THIPPAMMA W/O DOMAPPA, AGED ABOUT 50 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. 17. SMT. REKHA W/O THIMMAIAH, AGED ABOUT 43 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. 18. SRI. BASAVARAJAPPA S/O LATE ERAPPA, AGED ABOUT 51 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. 19. SMT. SHARADAMMA W/O LATE GURUPADAPPA, - 4 - NC: 2025:KHC:1999 WP No. 1131 of 2025 AGED ABOUT 50 YEARS, MEMBER SIDDAPUR GRAMA PANCHAYAT, CHITRADURGA DISTRICT-577520. …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP., FOR R-1 TO R-3; SRI. M.G.KANTHARAJAPPA., ADVOCATE FOR C/R-5, R-7, R-9 TO R-11, R-13, R-15, R-17 & R-19) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE NOTICE DATED 04.12.2024 BEARING NO. CHUNAVANE.CR.143/2024-25 ISSUED BY THE R-3 VIDE ANNEXURE-C, 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 ORAL ORDER 1. The petitioner is challenging the special meeting convened by the Assistant Commissioner for consideration of motion of no-confidence that had been moved against the petitioner. This special meeting was convened pursuant to the request given by the 17 members on 23.12.2024. 2. It is the case of the petitioner that the earlier notice dated 04.12.2024 had been challenged by the petitioner in W.P.No.34231/2024 and this Court had - 5 - NC: 2025:KHC:1999 WP No. 1131 of 2025 granted an interim stay of further proceedings pursuant to the said notice and hence, it was impermissible for the Assistant Commissioner to entertain a fresh notice of no-confidence. 3. This Court while granting an interim order in W.P.No.34231/2024 has stated as follows: “This Court is of the considered view that the circumstances in which the PDO has affixed his signature and the seal, will have to be considered and if there could even be a hint of interference with the process, the meeting arguably may not be justified. This requires consideration. Hence, interim order is granted staying further proceedings pursuant to the notice dated 04.12.2024 but without prejudice to any further proceedings that could be permissible in accordance with the Act and Rules.” 4. As could be seen from the above, this Court had granted an interim order only in respect of further proceedings pursuant to notice dated 04.12.2024 and at the same time, this Court had granted liberty for initiation of fresh proceedings as is permissible - 6 - NC: 2025:KHC:1999 WP No. 1131 of 2025 under the Act and the Rules. It is therefore clear that the Court did not bar the initiation of a fresh motion regarding no-confidence against the petitioner. 5. Since the members of Gram Panchayath have initiated a fresh requisition calling for special meeting in accordance with law, and as per the liberty reserved to them by this Court, the Assistant Commissioner was justified in convening a special meeting. I find no reason to entertain the writ petition. The writ petition is therefore dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 3 Sl No.: 1