- 1 - NC: 2025:KHC:15755 WP No. 11507 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11507 OF 2025 (LB-RES) BETWEEN: 1. SRI. CHANNAIAH S/O CHANNAJAIAH, AGED ABOUT 52 YEARS, PRESIDENT OF HANAGODU GRAMAPANCHAYATH R/AT HANAGODU VILLAGE, HANAGODU POST, HUNASURU TALUK, MYSURU-571 105 … PETITIONER (BY SRI. SANDESH T B., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, VIDHANA SOUDHA, BANGALORE BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT COMMISSIONER HUNSURU SUB-DIVISION, HUNSURU TALUK, MYSURU DISTRICT-571 105. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15755 WP No. 11507 of 2025 3. THE PANCHAYAT DEVOLOPMENT OFFICER (PDO) HANAGODU GRAMAPANCHAYATH, HANAGODU VILLAGE, HUNSURU TALUK, MYSURU DIST-571 105 … RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI B.J. SOMAYAJI, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE NOTICE BEARING NO. E.L.N (GRA.PAM) 156/2024-25 DTD 29.03.2025 ISSUED BY THE R-2 VIDE ANNEXURE-D 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 Learned AGA accepts notice for the respondent nos.1 and 2. Learned Counsel Sri.B.J.Somayaji accepts notice for respondent no.3. 2. The petitioner has challenged the notice at Annexure-D dated 29.03.2025, whereby the Assistant - 3 - NC: 2025:KHC:15755 WP No. 11507 of 2025 Commissioner has called for a meeting to consider the 'Motion for No Confidence'. 2. It is the case of the petitioner that motion made to the Assistant Commissioner ought to have been preceded by a notice to the Adhyaksha and Upadhyaksha against whom 'Motion for No Confidence' is moved. 3. At the time of hearing the matter, except this contention no other contentions are canvassed. There is no such requirement that a notice convening a meeting to consider the 'Motion of No Confidence of Adhyaksha or Upadhyaksha' before being submitted to the Assistant Commissioner is to be served on the members. Neither the provision or the Rules provides for giving of advance notice. It is only after the motion of no confidence is submitted to the Assistant Commissioner that under Rule 3 (2) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, notice is required to be issued. - 4 - NC: 2025:KHC:15755 WP No. 11507 of 2025 4. The petitioner submits that allegations are required to be made while moving the 'Motion for No Confidence'. This is also contrary to the requirement under Section 49 as subsequent to the amendment of Section 49, a 'Motion of No Confidence' is to be submitted without allegations. No other contentions have been raised at the time of hearing of the matter. 5. Accordingly, no grounds are made out to interfere with the impugned notice. Accordingly, the petition is dismissed. Sd/- (S SUNIL DUTT YADAV) JUDGE NP