- 1 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100205 OF 2025 (LB-ELE) BETWEEN: 1. 2. SMT GEETHA W/O. RANGAPPA WALIKAR AGE. 46 YEARS OCC. PRESIDENT, HIREGONNAGAR GRAM PANCHAYAT, TQ. KUSHTAGI DIST. KOPPAL-583277. SRI. BASANAGOUDA S/O GIREGOUDA MASAKATTI AGE: 47 YEARS, OCC: VICE PRESIDENT HIREGONNAGAR GRAM PANCHAYAT, TQ. KUSHTAGI DIST. KOPPAL-583277. …PETITIONERS (BY SRI. ANAND.R.KOLLI,ADVOCATE) AND: 1. 2. 3. THE ASSISTANT COMMISSIONER KOPPAL DISTRICT, KOPPAL, PIN-583239 THE PANCHAYAT DEVELOPMENT OFFICER HIREGONNAGAR GRAM PANCHAYAT TQ: KUSHTAGI DIST: KOPPAL-583277. SRI. SANGAPPA S/O YELLAPPA KUMBAR ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 4. 5. 6. 7. 8. AGE: 45 YEARS, OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. HIREGONNAGAR TQ: KUSHTAGI DIST: KOPPAL-583277. SMT. GANGAVVA W/O HANAMAPPA HARIJAN AGE: 38 YEARS, OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. HIREGONNAGAR TQ: KUSHTAGI DIST: KOPPAL-583277. SMT. RENUKA W/OHANAMAPPA MENASGERI AGE: 40 YEARS OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. HIREGONNAGAR TQ: KUSHTAGI DIST: KOPPAL-583277. SMT.MASAMMA W/O SHARANAPPA MENASGERI AGE: 40 YEARS, OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. HIREGONNAGAR TQ: KUSHTAGI DIST: KOPPAL-583277. SMT. MALLAVVA HANAMAPPA KADAD AGE: 44 YEARS, OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. NARASAPUR TQ: KUSHTAGI DIST: KOPPAL-583277. SRI. KALAKAPPA YELLAPPA KADAD AGE: 45 YEARS, OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT - 3 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 9. 10. 11. 12. 13. 14. R/O. NARASAPUR TQ: KUSHTAGI DIST: KOPPAL-583277. SMT. PARVATI NAGAPPA ANGADI AGE: 34 YEARS, OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. MOOGANUR TQ: KUSHTAGI DIST: KOPPAL-583277. SRI. DASTAGIRSAB HUSENSAB JULKATTI AGE: 48 YEARS, OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. MOOGANUR TQ: KUSHTAGI DIST: KOPPAL-583277. KALAKAPPA BHEEMAPPA ADAPATTI AGE: 34 YEARS, OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. MOOGANUR TQ: KUSHTAGI DIST: KOPPAL-583277. SMT. RAJEYABEGAM LATIFSAB JULKATTI AGE: 44 YEARS, OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. MOOGANUR TQ: KUSHTAGI DIST: KOPPAL-583277. SRI. MAHANTESH YAMANAPPA GUDADAR AGE: 45 YEARS, OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. WARIKAL TQ: KUSHTAGI DIST: KOPPAL-583277. SMT. SHARANAVVA NINGAPPA MAYGERI AGE: 48 YEARS, - 4 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 OCC: MEMBER HIREGONNAGAR GRAM PANCHAYAT R/O. CHICKGONNAGAR TQ: KUSHTAGI DIST: KOPPAL-583277. …RESPONDENTS (BY SRI. GANGADHAR J.M., AAG AND SRI. V.S. KALASURMATH AGA., FOR R1; SRI. VIJAYKUMAR. BALAGERIMATH., ADVOCATE FOR R2; R3- R14 D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PRAYING TO ISSUE A WRIT OF NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICE DATED. 09-01-2025 BEARING NO. SAMKHYA/ KANDAYA/ CHUNAVANE. AA. GO/06/2024-25 ISSUED BY THE RESPONDENT NO. 1 AUTHORITY MARKED AS ANNEXURE-C IN RESPECT OF ADHYAKSHA (PETITIONER NO. 1) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AAG is directed to accept notice for respondent No.1. Sri.Vijay Kumar Balagerimath., learned counsel is directed to accept notice for respondent No.2. - 5 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 2. Accepting the submission of learned counsel for the petitioner, notice to respondent No.3 to 14 is dispensed with. 3. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari quashing the impugned notice dated 09.01.2025 bearing SAMKHYA/ KANDAYA/ CHUNAVANE. AA. GO/06/2024-25 issued by the respondent No.1 Authority marked as Annexure-C in respect of Adhyaksha (Petitioner-1) in the interest of justice and equity. b. Issue a writ in nature of Certiorari quashing the impugned notice dated 09.01.2025 bearing No. SAMKHYA/ KANDAYA/ CHUNAVANE. AA. GO/06/2024-25 issued by the R1 Authority marked as Annexure-D in respect of Upadhyaksha (Petitioner-2) in the interest of justice and equity. c. Issue a writ in the nature of certiorari thereby quashing the impugned representation dated 30.12.2024 as submitted by the respondent No.3 to 13 vide Annexure-B issued by the R2 in the interest of justice and equity. d. Such other writ or order or direction as this Hon’ble Court deems fits on the facts and circumstances of the case in the interest of justice and equity. 4. The petitioners are aggrieved by the impugned notices dated 9.1.2025 issued by the Respondent No.1-Assistant Commissioner fixing the meeting to - 6 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 consider the No Confidence Motion on 24.1.2025 at 11.00 a.m. 5. The submission of Sri.Anand R.Kolli., learned counsel for the petitioner is that the alleged requisition submitted by the members of the Grama Panchayat has been received by the Panchayat Development Officer (PDO) who has thereafter forwarded the same to the Assistant Commissioner and this he submits is contrary to Sub-rule (1) of Rule 3 of the Karnataka Panchayat Raj (Motion of No-Confidence Against Adhyaksha And Upadhyaksha of Grama Panchayat) Rules, 1994 and in that regard he relies upon a decision of the Co-ordinate Bench of this Court in Sangan Gowda N. Biradaar and Anr vs. Principal Secretary of Panchayath Karnataka Gate-3 and Ors in WP No.203171 of 2024 dated 26.11.2024. His submission is that the said judgment would be equally appliable to the present matter and the - 7 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 notice issued by the Assistant Commissioner would have to be quashed. 6. Sri.J.M.Gangadhar., learned Additional Advocate General appearing for the State would however contend that no prejudice would be caused to the petitioner if the requisition notice is received by the PDO and forwarded to the Assistant Commissioner in as much as the PDO has only identified the signatories to the requisition notice and the PDO has not taken any action or passed any order. He thus, submits that there is no mandatory provision which has been violated by the PDO, the notice having been issued by the Assistant Commissioner who is the authorized officer cannot be faulted with. 7. Heard Sri.Anand R.Kolli., learned counsel for the petitioner, Sri.Gangadhar.J.M., learned AAG appearing for respondent No.2 and Sri.Vijaykumar Balagerimath., learned counsel appearing for respondent No.2. Perused papers. - 8 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 8. The aspect of whether the PDO could affix any writing, signature or seal on a requisition notice has been dealt with by the co-ordinate Bench of this Court in Sangan Gowda N. Biradaar’s case. The said judgment having attained finality, the same not having been challenged and no judgment having been placed on record contra to what has been dealt by the Co-ordinate Bench. The submission made by Sri. Gangadhar cannot be looked into dehors the judgment of the Co-ordinate Bench. 9. In view thereof, the Co-ordinate Bench having categorically held that there cannot be any writing affixed on a requisition notice, calling for a meeting to consider the No Confidence Motion, I am of the considered opinion that in the present case the requisition notice containing the seal and signature of the PDO is not sustainable and as such the judgment in Sangan Gowda N. Biradaar’s case is applicable - 9 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 to the present case. In that view of the matter, I pass the following: ORDER i. The Writ petition is allowed. ii. A certiorari is issued, the impugned no confidence meeting notice dated 09.01.2025 bearing No. SAMKHYA.KANDAYA/ CHUNAVANE.AA GO/06/ 2024-25 in respect of Adhyaksha (Petitioner No.1) at Annexure-C is quashed. iii. A certiorari is issued, the impugned no confidence meeting notice No.SAMKHYA/ KANDAYA CHUNAVANE AA GO/06/2024-25 in respect of Upadhyaksha (Petitioner No.2) at Annexure-D is quashed. iv. Liberty is reserved to respondents No.3 to 14 to submit a fresh/new representation directly to respondent No.1-Assistant Commissioner without involving the Panchayat Development Officer, such - 10 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 requisition to be submitted as held by this Court in Sangan Gowda N. Biradaar’s case. v. In the event of such a representation being submitted by respondents No.3 to 14, respondent No.1-Assistant Commissioner shall receive the same and proceed further in accordance with law without reference to Section 49 (B-i) including its proviso to the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. vi. The Assistant Commissioner, Koppal District is directed to instruct all PDO’s coming under his jurisdiction not to receive any requisition in respect of a No Confidence Motion is concerned or affix his signature seal or the like on the said requisition notice. vii. The Principal Secretary, Panchayat Raj and Rural Development Department is also directed to instruct all the Panchayat Development Officers coming under his jurisdiction to comply with the - 11 - NC: 2025:KHC-D:941 WP No. 100205 of 2025 order dated 26.11.2024 passed in WP No.203171 of 2024, any failure would require disciplinary proceedings to be initiated. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 2