- 1 - NC: 2025:KHC:4535 WP No. 2852 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 2852 OF 2025 (LB-RES) BETWEEN: 1. SRI. S SHIVANNA S/O SIDDAIAH., AGED ABOUT 48 YEARS, R/AT DALAVAYIKODIHALLI VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571401. …PETITIONER (BY SRI. S VISWESWARAIAH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTD BY ITS PRINCIPAL SECRETAY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S.BUILDING, BENGALURU-560 001 2. THE ASSISTANT COMMISSIONER & ELECTION OFFICER, MANDYA SUB-DIVISION, MANDYA-571401. 3. THE PANCHAYATH DEVELOPMENT OFFICER, DALAVAYI KODIHALLI GRAMA PANCHAYATH, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 401. 4. THE EXECUTIVE OFFICER, TALUK PANCHAYATH, MALAVALLI TALUK, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4535 WP No. 2852 of 2025 MANDYA DISTRICT-571401. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1 & R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASHING THE NOTICE DATED 17.01.2025 IN NO. E.L.N.86/24-25 ISSUED BY R2 PRODUCED AT ANNEXURE-E BY ALLOWING THE WP. 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. A requisition dated 04.01.2025 was given by 11 members of the Panchayat to the Assistant Commissioner requesting the Assistant Commissioner to convene a special meeting since they intended to move a motion of No-confidence. 2. On the basis of this requisition, the Assistant Commissioner has issued a notice dated 17.01.2025 (wrongly mentioned as 17.01.2024) convening a special meeting on 01.02.2025. - 3 - NC: 2025:KHC:4535 WP No. 2852 of 2025 3. Learned counsel for the petitioner submits that this notice is illegal since fifteen (15) days’ clear notice is not given and also on the ground that the petitioner is the only person belonging to the ‘Scheduled Caste’ and the post being reserved for ‘Scheduled Caste’, the motion of No-confidence should not be entertained. 4. As required under the Rules i.e., Rule 3(2) of the Karnataka Panchayat Raj (Motion of No- Confidence against Adhyaksha an Upadhyaksha of Gram Panchayat) Rules, 1994, the Assistant Commissioner, on receipt of requisition, has convened a meeting by issuance of a notice dated 17.01.2025. Under this notice, the meeting was to be held on 01.02.2025. Thus, there is a fifteen days’ clear notice of the meeting as required under the said Rules. Therefore, no infirmity can be found in the issuance of the said notice. - 4 - NC: 2025:KHC:4535 WP No. 2852 of 2025 5. As far as the other argument is concerned, it would not be open to the petitioner to prevent a motion of No-confidence merely because the post is reserved to ‘Scheduled Caste’ and he claims to be the only person belonging to ‘Scheduled Caste. Consequently, I find no merit to entertain this Writ Petition. This Writ Petition is, therefore, dismissed. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 2 Sl No.: 2