- 1 - NC: 2025:KHC-D:1513 WP No. 100224 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.100224 OF 2025 (LB-RES) BETWEEN: SRI. SURESH S/O. TIRAKAPPA SORAD, AGE ABOUT 50 YEARS, OCC: PRESIDENT, KUNUMELLIHALLI, GRAM PANCHAYATH, R/O. KUNUMELLIHALLI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHYATH RAJ DEPARTMENT, 3RD FLOOR, M.S. BUILDING, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER, SAVANUR, HAVERI DISTRICT-581118. 3. SMT. NIRMALA W/O. SHEKAPPA BHAJANTRI, AGE ABOUT 30 YEARS, OCC: MEMBER, KUNUMELLIHALLI, GRAM PANCHAYATH, R/O. MELLAGATTI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. 4. SRI. PARASHURAM S/O. GUDDAPPA JUNJANNAVAR, AGE ABOUT 37 YEARS, OCC: MEMBER, KUNUMELLIHALLI, GRAM PANCHAYATH, R/O. KUNUMELLIHALLI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1513 WP No. 100224 of 2025 5. SMT. PUSHPA W/O. CHIKAPPA DASAR, AGE: 38 YEARS, OCC: MEMBER, KUNUMELLIHALLI, GRAM PANCHAYATH, R/O. KUNUMELLIHALLI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. 6. SRI. YELLAPPA S/O. NAGAAPPA GUDDAPPANAVAR, AGE: 40 YEARS, OCC: MEMBER, KUNUMELLIHALLI, GRAM PANCHAYATH, R/O. MANNANGI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. 7. SRI. RAJKUMAR S/O. HEGGAAPPA KADDIYAVAR, AGE: 39 YEARS, OCC: MEMBER, KUNUMELLIHALLI, GRAM PANCHAYATH, R/O. MANNANGI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. 8. SMT. CHANDRAKALA W/O. BASAVARAJ KAMMAR, AGE: ABOUT 35 YEARS, OCC: MEMBER, KUNUMELLIHALLI, GRAM PANCHAYATH, R/O. MANNANGI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. 9. SMT. GEETHA W/O. CHANDRAGOUDA GALIGOUDRA, AGE: ABOUT 36 YEARS, OCC: MEMBER, KUNUMELLIHALLI, GRAM PANCHAYATH, R/O. MANNANGI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. 10. SRI. NINGAPPA S/O. VEERAPPA CHIGALLI, AGE: ABOUT 35 YEARS, OCC: MEMBER, KUNUMELLIHALLI, GRAM PANCHAYATH, R/O. MELLAGATTI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. 11. SMT. HUVAKKA W/O. HANUMANTHAPPA PALLED, AGE: ABOUT 57 YEARS, OCC: MEMBER, KUNUMELLIHALLI, GRAM PANCHAYATH, R/O. MELLAGATTI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. 12. SRI. SANGANAGOUDA S/O. RUDRAGOUDA HOMBARADI, AGE: ABOUT 39 YEARS, OCC: MEMBER, KUNUMELLIHALLI, GRAM PANCHAYATH, - 3 - NC: 2025:KHC-D:1513 WP No. 100224 of 2025 R/O. MELLAGATTI VILLAGE, TQ: SAVANUR, DISTRICT: HAVERI-581110. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R2; SRI. CHETAN MUNNOLI, ADVOCATE FOR R3-R12) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED NOTICE.NO.CHUNAVANE/A.V/VAHI-08/2024-25 DATED 21/12/2024 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-E, AND ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED REPRESENTATION DATED 17/12/2024 GIVEN BY THE RESPONDENT NO.3 TO 12 TO RESPONDENT NO.2 VIDE ANNEXURE-D AND ISSUE ANY OTHER WRIT OR DIRECTION AS DEEMED FIT BY THIS HON’BLE COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue writ of certiorari and quash the impugned notice.No.Chunavane/A.V/VaHi-08/2024-25 dated 21/12/2024 issued by the Respondent No.2 vide Annexure-E. ii. Issue writ of certiorari and quash the impugned representation dated 17/12/2024 given by the respondent No.3 to 12 to respondent No.2 vide Annexure-D; and iii. Issue any other writ or direction as deemed fit by this Hon’ble court in the facts and circumstances of the case and to meet the ends of justice and equity. - 4 - NC: 2025:KHC-D:1513 WP No. 100224 of 2025 2. The contention of the petitioner 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. 3. The submission of Sri Vidyashankar G.Dalawai, learned counsel for the petitioner 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. 4. Learned Additional Government Advocate appearing for respondents No.1 and 2 submits 1 W.P.No.203171/2024, disposed of on 26.11.2024 - 5 - NC: 2025:KHC-D:1513 WP No. 100224 of 2025 that the endorsement of the Panchayat Development Officer is only for the purpose of identification and as such, no fault could be found therewith. 5. Heard the learned counsels appearing for the petitioner and respondents. Perused the writ petition papers. 6. 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 17.12.2024, a Panchayat Development Officer has endorsed - 6 - NC: 2025:KHC-D:1513 WP No. 100224 of 2025 and affixed his signatures, which is contrary to the decision of the Co-ordinate Bench of this Court in Sri Sangana Gouda N.Biradaar's case (supra). 7. 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.Chunavane/A.V/VaHi-08/2024-25 dated 21.12.2024 issued by respondent No.2 at Annexure-E and the impugned requisition dated 17.12.2024 at Annexure-D, are quashed. iii) Liberty is reserved to respondents No.3 to 12 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. - 7 - NC: 2025:KHC-D:1513 WP No. 100224 of 2025 iv) The Principal Secretary of Rural Development and Panchayat Raj Department is directed to 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.: 83