- 1 - NC: 2025:KHC:15013 WP No. 11005 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11005 OF 2025 (LB-RES) BETWEEN: 1. SRI M B CHELUVEGOWDA S/O BETTEGOWDA, AGED ABOUT 76 YEARS, R/AT MANDAGERE VILLAGE, K R PETE TALUK, MANDYA DISTRICT - 571 605. 2. SMT VARALAXMI W/O KUMAR, AGED ABOUT 40 YEARS, RESIDING AT HONNENAHALLI VILLAGE, K R PETE TALUK, MANDYA DISTRICT - 571 605. … PETITIONERS (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GRAM SWARAJ THE PACHAYATH RAJ DEPARTMENT, M S BUILDING, BANGALORE - 560 001. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15013 WP No. 11005 of 2025 2. THE CHIEF EXECUTIVE OFFICER ZILLA PACHAYATH, MANDYA DISTRICT, MANDYA - 571 401. 3. THE ASSISTANT COMMISSIONER PADAVAPURA SUB-DIVISION, PANDAVAPURA - 571 434 4. THE SECRETARY MANDAGERE GRAM PANCHAYATH, MANDAGERE. K R PETE TALUK - 571 605. … RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT. B.P. RADHA, AGA FOR R1 & R3; SRI B.J. SOMAYAJI, ADVOCATE FOR R2 & R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICES DTD 02.04.25 BEARING NO. MA AND MAKA.E:GRA.PAM:CHUNA:CR: :2024-25 VIDE ANNEXURE- B AND B1 TO THE WRIT PETITION 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 The petitioners have sought for setting aside of the notices dated 02.04.2025 at Annexure-B and B1. The petitioners have sought for issuance of writ of mandamus - 3 - NC: 2025:KHC:15013 WP No. 11005 of 2025 to direct the respondent no.3 to conduct meeting by giving sufficient notice. 2. It is the case of the petitioners that meting to elect the President of Gram Panchayat is fixed in terms of Annexure-B dated 02.04.2025 on 09.04.2025. 3. It is the case of the petitioners that notice to the members and in specific, petitioner nos.1 and 2 have been served on 05.04.2025 and meeting is fixed to elect the Adhyaksha on 09.04.2025. It is the case made out that clear 07 days notice as contemplated under Section 52 (3) of the Karnataka Gram Swaraj and Panchayat Raj Act, ("the Act", short) has not been afforded to the petitioners and accordingly, petitioners are prejudiced due to grant of short notice. 4. Learned Additional Advocate General appearing for the State and learned counsel Sri.B.Y.Somayaji would submit that Section 52 (3) of the Act relates to notice to be given by the Secretary of the Panchayat for conducting - 4 - NC: 2025:KHC:15013 WP No. 11005 of 2025 business of the Panchayat and such stipulation of 07 clear days notice cannot be read into the process of election of the President. 5. It is submitted that the election of the President are governed by the Karnataka Panchayat Raj (Gram Panchayat President & Vice-President Election) Rules, 1995 and in terms of the rules relating to elections, Rule 44 provides for notice by official/officer concerned and such rule which applies to election does not stipulate particular period of notice. It is submitted that in the absence of such stipulation, petitioners cannot insist for clear 07 days notice and even otherwise, unless prejudice is shown, there could be no interference. 6. Heard both sides. 7. In terms of Annexure-B, meeting for electing the President of the Gram Panchayat is fixed on 09.04.2025. The Calendar of Events is contained in the said notice at Annexure-B itself. The fact that 09.04.2025 is fixed as - 5 - NC: 2025:KHC:15013 WP No. 11005 of 2025 date of meeting to elect the President is not in dispute. It is the only contention that notice is to be given. As rightly contended, the stipulation of clear 07 days notice under Section 52 (3) of the Karnataka Gram Swaraj and Panchayat Raj Act, is applicable only insofar as transaction of business of Gram Panchayat. 8. Section 52 (3) of the Act reads as follows: "52. Meeting of the Grama Panchayat.- (1) xxx (2) xxx (3) Seven clear days notice of an ordinary meting and three clear days notice of a special meeting specifying the place, date and time of such meeting and the business to be transacted thereat, shall be given by the Secretary of the Grama Panchayat to the members and such officers as the Government may prescribe, and affixed on the notice board of the Grama Panchayat. 9. A plain reading of Section 52 (3) would indicate that notice to be given by the Secretary of Gram Panchayat to the members and such notice is - 6 - NC: 2025:KHC:15013 WP No. 11005 of 2025 contemplated insofar as conducting of business of Gram Panchayat. 10. It is to be noticed that special rules are in force relating to the election of President viz., Karnataka Panchayat Raj (Gram Panchayat President & Vice- President Election) Rules, 1995 ("the Rules", for short). 11. Rule 4 of the Rules reads as follows: "4. ದಲ ದಲ ದಲ ದಲ ಸಸಸಸೆೆೆೆ.-ಾ ಮ ಪಂ ಾಯ ಸದಸರುಗಳ ಪ ಂದು ಾವ ಕ ಚುಾವೆಯ ತರುಾಯ ಅಥಾ ಈ ಅ#$ಯಮದ ಅ% ಅದರ ರಚೆ, ಪ&ನ(ರಚೆ ಅಥಾ ಾ)ಪೆ ಆದ+ೕ-ೆ ಮತು. /ಾವ&0ೇ ಸಂದಭದ23 ಅ#$ಯಮದ 5ೇ ಪ ಕರಣದ (8)ೇ ಉಪ-ಪ ಕರಣದ% ಚುಾತ ಸದಸರುಗಳ 6ೆಸರುಗಳನು7 ಪ ಕ89ದ :ಾಂಕ:ಂದ ಒಂದು ಂಗ<ೊಳೆ ಮತು. ಅಧ? ಅಥಾ ಉ@ಾಧ?ರ ಹು0ೆBಯ23 /ಾವ&0ೇ ಆಕ9Cಕ Dಾ2 ಾ)ನ ಉಂEಾ0ಾಗ-ೆ-ಾ3 ದಲ ಸೆಯ23 ೊತು.ಪ%9ದ ಅ#FಾGಯು $ಗ:ಪ%ಸಬಹು0ಾದಂಥ :ಾಂಕದಂದು ಅಧ? ಮತು. ಉ@ಾಧ?ರ ಚುಾವೆಯು ನIೆಯತಕJದುB ಮತು. ಅದನು7 6ಾೆ $ಗ:ಪ%9ದ ಬೆK ೋ8ೕಸನು7 ಪ ಬL ಸದಸ$ೆ ಕಳMNಸತಕJದುB." 12. Clearly the rule does not specify any particular period of time that must be given by way of notice while fixing the date of election. The Special Rules relating to the election would exclude operation of any general rule. - 7 - NC: 2025:KHC:15013 WP No. 11005 of 2025 13. Even otherwise, as pointed out above, Section 52 (3) applies in a different context relating to transaction of business of Gram Panchayat and contemplates issuance of notice by the Secretary of the Gram Panchayat. 14. Insofar as election of President, the Karnataka Panchayat Raj (Gram Panchayat President & Vice- President Election) Rules, 1995 would apply. The Rules do not specify any particular time period. If that were to be so, reasonable time specified by way of notice would be sufficient. The notice having been served on 05.04.2025 fixing the date for electing the President as 09.04.2025, the calendar of events itself was notified on 02.04.2025. Accordingly, the notice that is issued considering publishing of calendar of events on 02.04.2025 cannot be stated to be unlawful, illegal or arbitrary. Even otherwise, the aspect of prejudice must be pleaded and demonstrated. - 8 - NC: 2025:KHC:15013 WP No. 11005 of 2025 15. Accordingly, I find no reason to interfere with the notices issued at Annexure-B and B1. Accordingly, the petition is rejected. Sd/- (S SUNIL DUTT YADAV) JUDGE NP