- 1 - NC: 2025:KHC:3037-DB WA No. 103 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 103 OF 2025 (LB-RES) BETWEEN: SMT. ASHWINI M W/O ABHISHEK KUMAR D T AGED ABOUT 30 YEARS R/AT NO.136, DALAVAYIHALLI VILLAGE Y.N.HOSKOTE HOBLI PAVAGADA TALUK TUMAKURU DISTRICT - 572 141 …APPELLANT (BY SRI. RAMESH K R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001 2. THE ASSISTANT COMMISSIONER MADHUGIRI SUB-DIVISION MADHUGIRI TUMAKURU DISTRICT - 572 132 Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3037-DB WA No. 103 of 2025 3. THE POTHAGANAHALLI GRAMA PANCHAYATH REP BY ITS PANCHAYATH DEVELOPMENT OFFICER (PDO), Y N HOSKOTE HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT - 572 141 …RESPONDENTS (BY SRI. K.S.HARISH, GOVERNMENT ADVOCATE FOR R1 & R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 06.01.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO.30413/2024 AND THEREBY ALLOW THE WRIT PETITION AS PRAYED FOR, ETC THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:3037-DB WA No. 103 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) Aggrieved by the order passed in Writ petition No.30413 of 2024, the petitioner therein has preferred this writ appeal. 2. The case of the appellant is that she was elected as the President of Pothaganahalli Grama Panchyath on 18.07.2023 and that she assumed Office of the President on 05.08.2023. That inspite of a bar in law as per Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short 'the Act') that no resolution expressing want of confidence against an Adhyaksha (President) can be moved within fifteen (15) months from the date of the election, no confidence motion was moved against her on 23.10.2024 which is within the said fifteen (15) months and inspite of it, the learned Single Judge erroneously considering the date of election to be on 13.07.2023 and counting fifteen (15) months from 13.07.2023 and not from 05.08.2023, the date on which she assumed the office, has upheld the no confidence motion moved against her and has dismissed the writ petition. On the said - 4 - NC: 2025:KHC:3037-DB WA No. 103 of 2025 ground, the order of the learned Single Judge in writ petition No.30413 of 2024 is assailed. 3. Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 reads as under, "49. Motion of no-confidence against Adhyaksha or Upadhyaksha of Grama Panchayat.- (1) Every Adhyaksha or Upadhyaksha of Grama Panchayat shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of not less than two thirds of the total number of members of the Grama Panchayat at a meeting specially convened for the purpose in accordance with the procedure as may be prescribed: Provided that no such resolution shall be moved unless notice of the resolution is signed by not less than one-third of the total number of members and at least ten days notice has been given of the intention to move the resolution. Provided further that no resolution expressing want of confidence against an Adhyaksha or Upadhyaksha, shall be moved within one year from the date of his election: Provided also that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by a Grama Panchayat a similar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, within one year from the date of the decision of the Grama Panchayat." - 5 - NC: 2025:KHC:3037-DB WA No. 103 of 2025 4. Literal interpretation of Section 49 of the Act requiring fifteen months has to be reckoned is from the date of election of Adhyaksha and not from the date of her assuming the office. 5. Thus even, if the date of election is considered as 18.07.2023, fifteen months would elapse on 17.10.2024 and no confidence motion has been moved against the petitioner on 23.10.2024, which is beyond the prohibitory period of fifteen (15) months. 6. We do not see any error in the order passed by learned Single Judge dismissing the writ petition on the ground that fifteen (15) months has elapsed since the date of election and before the no confidence motion was moved. 7. Hence, the writ appeal is hereby dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB List No.: 2 Sl No.: 1