- 1 - NC: 2025:KHC-D:1512 WP No. 100110 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100110 OF 2025 (LB-RES) BETWEEN: 1. SRI. N. HONNURSWAMY, AGED ABOUT: 38, OCC: AGRI- PRESIDENT, R/O. WARD NO.6, POST: LINGADAHALLI VILLAGE - 583152, ANTAPUR GRAM PANCHAYATH, TQ: SANDUR, DIST: BELLARI. 2. SMT. SULOCHANA W/O. PALAKSHI, AGED ABOUT: 37, OCC: HOUSE HOLD- MEMBER, R/O. WARD NO.6, POST: LINGADAHALLI VILLAGE - 583152, ANTAPUR GRAM PANCHAYATH, TQ: SANDUR, DIST: BELLARI. …PETITIONERS (BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS DEPUTY DIRECTOR AND EX-OFFICIO SECRETARY, RURAL AND PANCHAYAT RAJ DEPARTMENT, VIKAS SOUDHA, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER, BELLARY, DIST: BELLARY-583101. 3. THE ASSISTANT COMMISSIONER, BALLARY, DIST: BELLARY-583101. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1512 WP No. 100110 of 2025 4. THE PANCHAYAT DEVELOPMENT OFFICER, ANTAPUR GRAM PANCHAYAT, TQ: SANDUR, DIST: BELLARY-583101. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R3; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING NO.SAM/KAM/CHUNA/AVISHWAS(CHUNAVANE)/42/2024- 25, AT ANNEXURE-H ISSUED BY RESPONDENT NO.3 DATED 19-12- 2024, AS ILLEGAL AND ARBITRARY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking the following reliefs: I. Issue writ, order or direction in the nature of Certiorari quashing the notice Bearing No. Sam/Kam/Chuna/Avishwas(Chunavane)/42/202 4-25, at Annexure-H issued by Respondent No.3 dated 19-12-2024, as illegal and arbitrary, in the interest of justice and equity; II. Pass such other order/orders as this Hon’ble court deems fit, in the facts and circumstances of the case, including an order as to the costs, in the interest of justice and equity. - 3 - NC: 2025:KHC-D:1512 WP No. 100110 of 2025 1. The contention of the petitioners is that Assistant Commissioner has accepted the requisition notice issued under sub-Rule (2) of Rule 3 of The Karnataka Gram Swaraj and Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, which requisition notice bears the seal, signature and endorsement of the Panchayat Development Officer. 2. The submission of Sri Vidyavati M.Kotturshettar, learned counsel for the petitioners is that the same is contrary to the decision rendered by the Co-ordinate Bench of this Court in the case of Sri Sangana Gouda N.Biradaar and Another vs Principal Secretary of Panchayat Karnataka and others1. 3. Learned Additional Government Advocate appearing for respondents No.1 to 3 submits that 1 W.P.No.203171/2024, disposed of on 26.11.2024 - 4 - NC: 2025:KHC-D:1512 WP No. 100110 of 2025 the endorsement of the Panchayat Development Officer is only for the purpose of identification and as such, no fault could be found therewith. 4. Heard the learned counsels appearing for the petitioners and respondents. Perused the writ petition papers. 5. This Court vide its’ judgment dated 26.11.2024 passed in Sri Sangana Gouda N.Biradaar's case(supra), has categorically held that the Rules do not provide for any kind of writing signature on endorsement of the Panchayat Development Officer and has quashed the said requisition notice and all action taken in pursuant thereto. The judgment having been rendered on 26.11.2024, was required to be followed by all the Panchayat Development Officers in the State. Despite which, in the present requisition notice dated 18.12.2024, a Panchayat Development Officer has endorsed and affixed his signatures, which is contrary to the - 5 - NC: 2025:KHC-D:1512 WP No. 100110 of 2025 decision of the Co-ordinate Bench of this Court in Sri Sangana Gouda N.Biradaar's case (supra). 6. In that view of the matter, I pass the following; ORDER i) Writ petition is allowed. ii) A certiorari is issued, The impugned notice bearing No.Sam/ Kam/ Chuna/ Avishwas (Chunavane)/ 42/ 2024/25 dated 19.12.2024 at Annexure-H and the requisition notice dated 18.12.2024, are quashed. iii) Liberty is reserved to requisionists to submit a fresh requisition notice in terms of the applicable law to the Assistant Commissioner directly without getting any endorsement or the like from the Panchayat Development Officer. iv) The Principal Secretary of Rural Development and Panchayat Raj Department is directed to - 6 - NC: 2025:KHC-D:1512 WP No. 100110 of 2025 initiate necessary enquiry and action against the concerned Panchayat Development Officer for having violated the dicta laid down by this Court in Sri Sangana Gouda N.Biradaar's case (supra). v) Though the above petition is disposed of, re- list on 25.02.2025 for the Principal Secretary to submit his report as regards the action taken. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 0