- 1 - NC: 2025:KHC:13315 WP No. 9228 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9228 OF 2025 (LB-RES) BETWEEN: 1. MRS CHANDRAMMA AGED 53 YEARS, W/O N B MANJAPPA, RESIDING AT NAGENAHALLI VILLAGE AND PANCHAYAT KADUR, CHIKKAMAGALURU-577 168 … PETITIONER (BY SRI. P.P. HEGDE, SENIOR COUNSEL FOR SRI VENKATESH SOMAREDDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, 3RD GATE, 3RD FLOOR, M S BUILDING, BANGALORE-560 001 2. ASSISTANT COMMISSIONER KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 168 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13315 WP No. 9228 of 2025 3. NAGENAHALLI GRAM PANCHAYAT REPRESENTED BY PANCHAYAT DEVELOPMENT OFFICER, NAGENAHALLI, KADUR TALUK, CHIKKAMAGALURU-577 168 4. RAJAPPA H H S/O HALAGAPPA, AGED MAJOR, HOSAHALLY, NAGENAHALLI PANCHAYAT, KADUR TALUK, CHIKKAMAGALURU-577 168 5. VASANTHKUMAR S/O VENKATESH, AGED MAJOR, MEMBER OF NAGENAHALLI PANCHAYAT, NAGENAHALLI, KADUR TALUK, CHIKKAMAGALURU-577 168 6. BHAGYABAI W/O NAGARAJNAIK, AGED MAJOR, R/AT L AGRAHARA NAGENAHALLI PANCHAYAT, KADUR TALUK, CHIKKAMAGALURU-577 168 7. MS LEELAVATHI D/O KALMARUDESH, AGED MAJOR, R/AT AGRAHARA, NAGENAHALLI PANCHAYAT, KADUR TALUK, CHIKKAMAGALURU-577 168 - 3 - NC: 2025:KHC:13315 WP No. 9228 of 2025 8. RATHNAMMA W/O KALMARUDAPPA, AGED MAJOR, R/AT HOSAHALLY, NAGENAHALLI PANCHAYAT, KADUR TALUK, CHIKKAMAGALURU-577 168 9. MRS. CHANDRAMMA W/O MARIYAPPA, AGED MAJOR, NAGENAHALLI PANCHAYAT, NAGENAHALLI, KADUR TALUK, CHIKKAMAGALURU-577 168 10. MR. RAVISHA S/O RANGAPPA, AGED MAJOR, HOSAHALLY, NAGENAHALLI PANCHAYAT, KADUR TALUK, CHIKKAMAGALURU-577 168 11. CHANDRANAIK S/O LALYANAIK,. AGED MAJOR, R/AT L AGRAHARA, NAGENAHALLI PANCHAYAT, KADUR TALUK, CHIKKAMGALURU-577 168 12. MAHESH D/O DEVASINGNAIK, AGED MAJOR, R/AT L AGRAHARA, NAGENAHALLI PANCHAYAT, - 4 - NC: 2025:KHC:13315 WP No. 9228 of 2025 KADUR TALUK, CHIKKAMGALURU-577 168 … RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT. B.P. RADHA, AGA FOR R1 & R2; SRI SIDDANOOR VISHWANATH, ADVOCATE FOR R5 TO R10) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT DECLARING THAT THE PROVISIONS OF NO CONFIDENCE MOTION AS ENSHRINED UNDER SECTION 49 OF THE ACT IS NOT APPLICABLE IN THE FOLLOWING CASE: "IF THE POST OF PRESIDENT/VICE PRESIDENT IS RESERVED FOR ONE CATEGORY AND THERE IS ONLY ONE SUCH MEMBER AMONG THE ELECTED MEMBERS WHO BELONGS TO SUCH CATEGORY" AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for declaration that the motion of no confidence is not applicable, where a post is reserved for one category and there is only one such member amongst the elected members who belongs to such category. A further relief is also sought for setting aside of the notice dated 10.03.2025. - 5 - NC: 2025:KHC:13315 WP No. 9228 of 2025 2. One of the contentions raised by Sri. P.P.Hegde, learned Senior Counsel appearing for the petitioner is that the petitioner belongs to a reserved category and the petitioner is the only candidate from that category and accordingly, if the no confidence motion is permitted to be passed, still the petitioner would be at liberty to once again contest and be elected. 3. Though various legal contentions have been raised in that regard, it is submitted that in the event the motion of no confidence is allowed to be passed, vacancy created ought not to remain unfilled and must be filled in terms of Section 45 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short 'the Act'). 4. Taking note of the submission made by the petitioner, as the petitioner does not seek to press for adjudication on merits of the matter, suffice it to say that the proceedings of no confidence is permitted to go ahead as scheduled. Needless to state that once the motion of no confidence is passed and vacancy occurs, respondent - - 6 - NC: 2025:KHC:13315 WP No. 9228 of 2025 State to take appropriate steps to fill up the vacancy as mandated under Section 45 of the Act regarding the casual vacancy expeditiously. 5. Accordingly, petition is disposed off. All legal contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP