- 1 - NC: 2025:KHC:7683 WP No. 4141 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4141 OF 2025 (LB-RES) BETWEEN: 1. MRS SHIVI BAI W/O GANESH NAIK. K AGED ABOUT 40 YEARS PRESIDENT OF PUNAJANOORU GRAMA PANCHAYATH R/AT MUKANAPALYA VILLAGE POST CHANDAKAVADI HOBLI - 571 127 CHAMARAJANAGARA TALUK DISTRICT …PETITIONER (BY SRI. B.M.SANTHOSH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER CHAMRAJANAGARA DISTRICT CHAMARAJANAGARA - 571 313 3. THE ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION KOLLEGALA - 571 440 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH CHAMRAJANAGARA DISTRICT CHAMARAJANAGARA - 571 313 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7683 WP No. 4141 of 2025 5. THE EXECUTIVE OFFICER TALUK PANCHAYATH CHAMRAJANAGARA TALAUK CHAMARAJANAGARA - 571 313 6. THE PANCHAYATH DEVELOPMENT OFFICER PUNAJANOORU GRAMA PANCHAYATH MUKANAPALYA VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT PIN-571 127 7. SRI. P NAGANAIKA S/O LATE PARUSHANAIKA AGED ABOUT 49 YEARS MEMBER OF PUNAJANOORU GRAMA PANCHAYATH R/AT MUKANAPALYA VILLAGE AND POST CHANDAKAVADI HOBLI-571127 CHAMARAJANAGARA TALUK AND DISTRICT 8. MRS. GEETHA D/O BHAGYAMMA AGED ABOUT 28 YEARS, MEMBER OF PUNAJANOORU GRAMA PANCHAYATH R/AT PUNAJANOORU VILLAGE AND POST CHANDAKAVADI HOBLI-571 127 CHAMARAJANAGARA TALUK AND DISTRICT 9. MR. S. CHANDRASHEKARA S/O SHIVAIH, AGED ABOUT 44 YEARS, MEMBER OF PUNAJANOORU GRAMA PANCHAYATH R/AT PUNAJANOORU VILLAGE AND POST CHANDAKAVADI HOBLI-571 127 CHAMARAJANAGARA TALUK AND DISTRICT 10. SRI. KUMARA, S/O RAJU AGED ABOUT 42 YEARS, MEMBER OF PUNAJANOORU GRAMA PANCHAYATH MUNESHWARA LAYOUT CONSTITUENCY R/AT. MUNESHWARA LAYOUT PUNAJANOORU POST CHANDAKAVADI HOBLI - 571 127 CHAMARAJANAGARA - 3 - NC: 2025:KHC:7683 WP No. 4141 of 2025 TALUK AND DISTRICT 11. MRS. SHABINA BANU W/O SHAMEER PASHA AGED ABOUT 48 YEARS, MEMBER OF PUNAJANOORU GRAMA PANCHAYATH MUNESHWARA LAYOUT CONSTITUENCY R/AT. SRINIVASAPURA COLONY VILLAGE PUNAJANOORU POST CHANDAKAVADI HOBLI - 571 127 CHAMARAJANAGARA TALUK AND DISTRICT 12. MRS. KUMARI BAI W/O SHIVU NAIKA AGED ABOUT 50 YEARS, MEMBER OF PUNAJANOORU GRAMA PANCHAYATH BEDGULI CONSTITUENCY R/AT. VEERATAHANAPURA VILLAGE MUKANAPALYA POST CHANDAKAVADI HOBLI-571 127 CHAMARAJANAGARA TALUK AND DISTRICT 13. MR. MAHESH S/O MAHADEVA, AGED ABOUT 40 YEARS, BEDGULI CONSTITUENCY R/AT. BEDGULI VILLAGE AND POST CHANDAKAVADI HOBLI-571 127 CHAMARAJANAGARA TALUK AND DISTRICT 14. MRS. MAMATHA W/O MUTTURAJU AGED ABOUT 32 YEARS, MEMBER OF PUNAJANOORU GRAMA PANCHAYATH R/AT. MUKANAPALYA VILLAGE AND POST CHANDAKAVADI HOBLI-571 127 CHAMARAJANAGARA TALUK AND DISTRICT 15. MR. R. MANINAIKA S/O RAMU NAIKA AGED ABOUT 40 YEARS, VEERAIAHANAPURA CONSTITUENCY R/AT VEERAIAHANAPURA VILLAGE MUKANAPALYA POST, CHANDAKAVADI HOBLI-571 127 CHAMARAJANAGARA - 4 - NC: 2025:KHC:7683 WP No. 4141 of 2025 TALUK AND DISTRICT 16. MRS. BASAMMA W/O LATE MADEGOWDA, AGED ABOUT 58 YEARS, VEERAIAHANAPURA CONSTITUENCY R/AT YETHEGOWDANA DODDI VILLAGE MUKANAPALYA POST CHANDAKAVADI HOBLI - 571 127 CHAMARAJANAGARA TALUK AND DISTRICT 17. MR. MAHESH NAIKA S/O DEVU NAIKA, AGED ABOUT 34 YEARS, KOLIPALYA CONSTITUENCY R/AT. KOLIPALYA VILLAGE MUKANAPALYA POST CHANDAKAVADI HOBLI-571 127 CHAMARAJANAGARA TALUK AND DISTRICT 18. MRS. LALITHA BAI W/O MUNISWAMI NAIKA AGED ABOUT 44 YEARS, KOLIPALYA CONSTITUENCY R/AT. KOLIPALYA VILLAGE, MUKANAPALYA POST CHANDAKAVADI HOBLI-571 127 CHAMARAJANAGARA TALUK AND DISTRICT 19. MRS. BHAGYA BAI W/O GANESH NAIKA AGED ABOUT 43 YEARS, RANGASANDRA CONSTITUENCY R/AT. RANGASANDRA VILLAGE, MUKANAPALYA POST CHANDAKAVADI HOBLI-571 127 CHAMARAJANAGARA TALUK AND DISTRICT 20. MR. RANGASWAMY S/O HOLE RAMEGOWDA, AGED ABOUT 49 YEARS, RANGASANDRA CONSTITUENCY R/AT. RANGASANDRA VILLAGE, MUKANAPALYA POST, CHANDAKAVADI HOBLI - 571 127 - 5 - NC: 2025:KHC:7683 WP No. 4141 of 2025 CHAMARAJANAGARA TALUK AND DISTRICT 21. MRS. SUSHEELA D/O CHAMEGOWDA, AGED ABOUT 30 YEARS, R/AT. KANNERI COLONY VILLAGE K. GUDI POST, CHANDAKAVADI HOBLI - 571 127 CHAMARAJANAGARA TALUK AND DISTRICT 22. MR. NANJUNDA S/O LATE MAHADEVA, AGED ABOUT 37 YEARS, MUDAHALLI COLONY CONSTITUENCY R/AT. BANAVADI VILLAGE MUKANAPALYA POST CHANDAKAVADI HOBLI - 571 127 CHAMARAJANAGARA TALUK AND DISTRICT 23. MR. RACHAIAH S/O LATE SANNAKOOSIAH, AGED ABOUT 47 YEARS, MUDAHALLI COLONY CONSTITUENCY R/AT. DODDAMUDALLI VILLAGE, MUKANAPALYA POST, CHANDAKAVADI HOBLI - 571 127 CHAMARAJANAGARA TALUK AND DISTRICT 24. MRS. GANGA W/O SHANKARA, AGED ABOUT 39 YEARS, MUDAHALLI COLONY CONSTITUENCY R/AT. DODDAMUDALLI VILLAGE, MUKANAPALYA POST CHANDAKAVADI HOBLI - 571127 CHAMARAJANAGARA TALUK AND DISTRICT …RESPONDENTS (BY SMT. SPOORTHI.V., AGA FOR R-1 TO R-3; SRI. U.VINAY RAGHAVENDR, ADVOCATE FOR R-4 TO R-6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 30.01.2025 UNDER FORM-2 [RULE 3(2)] IN CHUNAVANE(A)CR/14/2025 AT ANNEXURE-A AND ALL PROCEEDINGS THEREON, ETC. - 6 - NC: 2025:KHC:7683 WP No. 4141 of 2025 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 a notice by which a special meeting is ordered to be convened to consider the motion of No-Confidence that has been proposed against her. 2. It is the case of the petitioner that as required under Rule 3(1) of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 (“the Rules”), a copy of the proposed motion in Form-I was not submitted in person by at least two members of the Gram Panchayat to the Assistant Commissioner and therefore, the entire proceedings are vitiated. - 7 - NC: 2025:KHC:7683 WP No. 4141 of 2025 3. Learned Additional Government Advocate has produced the entire original records. The file noting No.1 reads as follows: “ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ ZÁªÀÄgÁd£ÀUÀgÀ vÁ®ÆèPÀÄ ¥ÀÅtd£ÀÆgÀÄ UÁæªÀÄ ¥ÀAZÁ¬Äw CzsÀåPÀëgÁzÀ ²«¨Á¬Ä UÀuÉñÀ£ÁAiÀÄÌ gÀªÀgÀ£ÀÄß CzsÀåPÀë ºÀÄzÉݬÄAzÀ vÉUÉzÀÄ ºÁPÀ¨ÉÃPÉAzÀÄ CzsÀåPÀëgÀ «gÀÄzÀÞ C«±Áé¸À £ÉÆÃn¸ï C£ÀÄß ¥ÀÅtd£ÀÆgÀÄ UÁæªÀÄ ¥ÀAZÁ¬ÄwAiÀÄ 14 ¸ÀzÀ¸ÀågÀÄUÀ¼ÀÄ £ÀªÀÄÆ£É-1 gÀ°è ¸À» ªÀiÁrzÀÄÝ, ¸ÀzÀj 14 ¸ÀzÀ¸ÀågÀÄUÀ¼ÀÄ ¢£ÁAPÀ: 28-01-2025 gÀAzÀÄ RÄzÀÄÝ F PÀbÉÃjUÉ ºÁdgÁV £ÀªÀÄÆ£É-1gÀ°è ªÀÄ£À« ¸À°è¹gÀÄvÁÛgÉ. ¸ÀzÀjAiÀĪÀgÀ ªÀÄ£À«AiÀÄ ªÉÄÃgÉUÉ C«±Áé¸À ªÀÄAqÀ£É ¤tðAiÀÄ ªÀiÁqÀ®Ä ¸À¨sÉUÉ ¢£ÁAPÀ ¤UÀ¢ü¥Àr¸À®Ä vÀªÀÄä C£ÀĪÉÆÃzÀ£ÉUÁV ªÀÄAr¹zÉ.” 4. As could be seen from the above, the office note clearly indicates that all the 14 members appeared personally before the Assistant Commissioner and submitted Form-I and thereafter the Assistant Commissioner has fixed the date of the meeting as 21.02.2025. - 8 - NC: 2025:KHC:7683 WP No. 4141 of 2025 5. An affidavit is also filed by the Assistant Commissioner in which he has stated that all the 14 members had personally appeared in his office on 28.01.2025 and had submitted the proposed motion of No-Confidence against the petitioner in Form- I. 6. It is therefore clear that the contention advanced by the petitioner that Form-I was not delivered in person by atleast two members of the Gram Panchayat to the Assistant Commissioner cannot be accepted. There is no merit in the writ petition and the same is therefore dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS, List No.: 1 Sl No.: 5