- 1 - NC: 2025:KHC:16034 WP No. 11732 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11732 OF 2025 (LB-ELE) BETWEEN: 1. H M SONAPPA AGED ABOUT 60 YEARS, S/O LATE MUNISWAMAPPA MUNISIKATTE VILLAGE BENEFIT OF SENIOR CITIZEN NOT CLAIMED 2. VENKATARAMANAPPA AGED ABOUT 58 YEARS, S/O LATE RAMAPPA R/O HALEPALYA VILLAGE 3. VENKATAPATHI C AGED ABOUT 38 YEARS, S/O CHINAPPA R/O OBATTI VILLAGE ALL ARE ELECTED MEMBERS OF K G HALLI, GRAMA PANCHAYATH, TEKAL HOBLI, MALUR TALUK- 563 137 KOLAR DISTRICT … PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16034 WP No. 11732 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF PANCHAYTH RAJ AND RURAL DEVELOPMENT, M S BUILDING, BANGALORE - 560 001 2. THE STATE ELECTION COMISSION 2ND AND 3RD FLOOR NO.16, BELLARY ROAD, SADASHIVANAGARA BENGALURU-560 080 MAIL ID: KARSEC@GMAIL.COM 3. PRESCRIBED OFFICER/ RETURNING OFFICER K G HALLI GRAMA PANCHAYATH AND ASSISTANT AGRICULTURE DIRECTOR MALURU-563 130 KOLAR DISTRICT 4. THE OF K G HALLI GRAMA PANCHAYATH, TEKAL HOBLI, MALUR TALUK-563 137 KOLAR DISTRICT BY ITS SECRETARY … RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 11.04.2025 IN NO. CHUNAVANE/AA.GRAPAM/2025-26 VIDE ANNEXURE-B ISSUED BY R-3 AND ETC. - 3 - NC: 2025:KHC:16034 WP No. 11732 of 2025 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 challenged the notice dated 11.04.2025 at Annexure-B whereby the election date is fixed as 21.04.2025 at 10.00 a.m., for the post of Adhyaksha of K.G.Halli Gram Panchayat, Malur Taluk, Kolar District. 2. It is the case of the petitioners that they ought to have been afforded notice of seven days in terms of Section 52 (3) of the Karnataka Gram Swaraj and Panchayat Raj Act, ("the Act", short). 3. It is further submitted that elections to the Gram Panchayat is also scheduled on 13.05.2025 and the proceedings for electing the President could have been deferred till the vacant posts are filled. - 4 - NC: 2025:KHC:16034 WP No. 11732 of 2025 4. Learned AGA submits that, insofar as notice to the members regarding meeting to be held on 21.04.2025, same has been served in person and also sent by RPAD. A memo is filed enclosing the copy of the register for having served copies on the Members and the postal receipts for having sent the notices is also filed along with the memo. 5. It is submitted that, it is not mandatory in law for giving advance notices insofar as election is concerned and that the Karnataka Panchayat Raj (Gram Panchayat President & Vice-President Election) Rules, 1995 ("the Rules", for short) relating to election of President and Vice-President to the Gram Panchayats governs the field. 6. It is further submitted that position of law regarding advance notices has been considered by this court in W.P.No.11005/2025 dated 08.04.2025 and therefore, the present petition may be disposed off on the same lines. - 5 - NC: 2025:KHC:16034 WP No. 11732 of 2025 7. It is further submitted that insofar as contention that posts are to be filled up after filling up of the vacant posts of members as per the Calendar of Events at Annexure-B, it is asserted that the post of the President cannot be kept vacant and vacancy caused due to death should be filled up without much delay. 8. Heard both sides. 9. Rule 12 and 13 of the Karnataka Panchayat Raj (Gram Panchayat President & Vice-President Election) Rules, 1995 reads as hereunder: "12. ಾಾಾಾ ಾಾಾಾನದ ನದ ನದ ನದ ಬಬಬಬ ೆೆೆೆ ವರ ವರ ವರ ವರ ಾಡುವ ಾಡುವ ಾಡುವ ಾಡುವದು ದು ದು ದು.-ಅಧ ಅಥಾ ಉಾಧ ಪದದ ಾ ಾನವ ಉಂಾಾಗ !ಾಯ#ದ$#ಯು ಅದು %ಾ ೆ ಾ&ಾದ 'ಾಂಕಂದ ಏಳ+ ನಗ,ೆ-ಳ ೆ ಮುಖ 0ಾ#ಹಕ ಅ2!ಾ3 ೆ ಮತು5 ೊತು5ಪ78ದ ಅ2!ಾ3 ೆ ಅಂಥ ಾ ಾನದ ಬ ೆ ನಮೂ'ೆ IIIರ 'ೋ:ೕಸನು< !ೊಡತಕ=ದು> ಮತು5 ಆತನು ಆ ತರುಾಯ ಅಧ ಅಥಾ ಸಂದ@ಾ#ನುಾರ ಉಾಧರ ಚು'ಾವBೆ ಾC ಉಪಬಂ28ದ 3ೕDಯ ಕEಮ !ೈ ೊಳGತಕ=ದು>. 13. ಆಕ ಆಕ ಆಕ ಆಕ8H 8H 8H 8Hಕಕಕಕ ಾಾಾಾ ಾಾಾಾನಗಳನು ನಗಳನು ನಗಳನು ನಗಳನು<<<< ಭಭಭಭD# D# D# D# ಾಡುವ ಾಡುವ ಾಡುವ ಾಡುವದು ದು ದು ದು.-ಅಧ ಮತು5 ಉಾಧರ ಚು'ಾವBೆ ಾC ಇರುವ ಉಪಬಂದಗಳ+ ಯKೋLತ ವMಾಸಗ,ೆ-ಂ ೆ ಅಧ ಅಥಾ ಉಾಧರ ಪದದ ಉಂಾದ ಆಕ8Hಕ ಾನಗಳನು< ಭD# ಾಡುವ ಉೆ>ೕಶ!ಾ=C ಅನOಯಾಗತಕ=ದು>." - 6 - NC: 2025:KHC:16034 WP No. 11732 of 2025 10. Insofar as notice to the petitioners is concerned, the extract of Register would indicate that petitioners have been served. Insofar as legal position regarding advance notice, the said aspect is covered in the order passed by this court in W.P.No.11005/2025 dated 08.04.2025. This court has held that 1995 Rules governing holding of election of election to the post of President and Vice-President 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. 11. It is further clarified that notice as contemplated under Section 52 (3) relates to a different context as regards transaction of business of Gram Panchayat and cannot be extended to election as well. 12. The observations made in W.P.No.11005/2025 dated 08.04.2025 in Para 7 to 14 is extracted below: - 7 - NC: 2025:KHC:16034 WP No. 11732 of 2025 "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 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. - 8 - NC: 2025:KHC:16034 WP No. 11732 of 2025 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 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. - 9 - NC: 2025:KHC:16034 WP No. 11732 of 2025 The Special Rules relating to the election would exclude operation of any general rule. 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. - 10 - NC: 2025:KHC:16034 WP No. 11732 of 2025 13. Insofar as other contentions of the petitioners that the authorities could have waited for filling up of the posts in terms of the Calendar of Events at Annexure-A, as rightly pointed out by the learned AGA, in terms of Rule 13 and 14, the vacancy that has arisen requires to be filled and cannot be deferred till election as contemplated at Annexure-A is held and such submission requires acceptance as vacancy requires to be filled up at the earliest. 14. Accordingly, the petition is rejected. Sd/- (S SUNIL DUTT YADAV) JUDGE NP