- 1 - NC: 2025:KHC-D:945 WP No. 100258 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. 100258 OF 2025 (LB-RES) BETWEEN: SMT SHARANAMMA W/O. AMAREGOUDA PATIL AGE. 46 YEARS, OCC. PRESIDENT, HIRESINGANGUTTI GRAM PANCHAYAT, TQ. HUNAGUND, DIST. BAGALKOT PIN-587154 …PETITIONER (BY SRI. ANAND.R.KOLLI,ADVOCATE) AND: 1. 2. 3. 4. THE ASSISTANT COMMISSIONER BAGALKOT DISTRICT BAGALKOT, PIN-587154. THE PANCHAYAT DEVELOPMENT OFFICER HIRESINGAGUTTI GRAM PANCHAYAT, TQ: HUNAGUND, DIST: BAGALKOT PIN-587154. SMT. SHEELA W/O MALLAPPA AWARI AGE: 48 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND, DIST: BAGALKOT PIN-587154. SMT. SAVITHA W/O CHANDRASHEKHAR KUDLEPPANAVAR AGE: 54 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND, DIST: BAGALKOT PIN-587154. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:49 +0530 - 2 - NC: 2025:KHC-D:945 WP No. 100258 of 2025 5. 6. 7. 8. 9. 10. SMT. SHARANAMMA W/O DEVAPPA BANGI AGE: 57 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND DIST: BAGALKOT PIN-587154. SMT. HOLEYAMMA W/O GANGAPPA CHITAVADAGI AGE: 57 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND DIST: BAGALKOT PIN-587154. SMT. ANNAPURNA W/O KALAKAPPA ANGADI AGE: 35 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND DIST: BAGALKOT PIN-587154. SMT. PAVITRA W/O PRABHUGOUDA GOUDAR AGE: 34 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND DIST: BAGALKOT PIN-587154. SMT. CHANDRAKALA W/O DEVAPPA GOODI AGE: 58 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND DIST: BAGALKOT PIN-587154. SRI. VENKANAGOUDA S/O MAHANTAGOUDA AADAPUR AGE: 44 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND - 3 - NC: 2025:KHC-D:945 WP No. 100258 of 2025 11. 12. 13 14. 15. DIST: BAGALKOT PIN-587154. SRI. YANKAPPA S/O RUDRAPPA KANNERI AGE: 54 YEARS, OCC:MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND DIST: BAGALKOT PIN-587154. SRI GOPAL S/O LAXMAN PUJARI AGE: 40 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND, DIST: BAGALKOT PIN-587154. SRI. PAKKAPPAGOUDA S/O. SANGANAGOUDA JADIYAPPAGOUDAR AGE: 57 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND, DIST: BAGALKOT PIN-587154. SRI SHANTAPPA S/O HANUMAPPA MADAR AGE: 55 YEARS, OCC: MEMBER HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND, DIST: BAGALKOT PIN-587154. SMT. MARIYAMMA W/O DEVAPPA MADAR AGE: 63 YEARS, OCC: VICE PRESIDENT HIRESINGANGUTTI GRAM PANCHAYAT TQ: HUNAGUND, DIST: BAGALKOT PIN-587154. …RESPONDENTS (BY SRI. GANGADHAR., J.M., AAG FOR SRI. V.S. KALASURMATH., AGA FOR R1; SRI. BHUSAN KULKARNI., ADVOCATE FOR R2; SRI. SADYOJAT R BALIGATTIMATH., ADVOCATE FOR R3 TO R15) - 4 - NC: 2025:KHC-D:945 WP No. 100258 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AD 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICE DATED 04.01.2025 ISSUED BY THE RESPONDENT NO.1 AUTHORITY MARKED AS ANNEXURE-C IN RESPECT OF ADHYAKSHA (PETITIONER) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, 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.Bhusan Kulkarni., learned counsel is directed to accept notice for respondent No.2. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari quashing the impugned notice dated 04.01.2025 issued by the Respondent No.1 authority marked as Annexure-C in respect of Adhyaksha (Petitioner) in the interest of justice and equity. b. Such other writ or order or direction as this Hon’ble Court deems fit on the facts and circumstances of the case in the interest of justice and equity. 3. The petitioner is aggrieved by the notice issued by respondent No.1-Assistant Commissioner dated - 5 - NC: 2025:KHC-D:945 WP No. 100258 of 2025 4.1.2025 by fixing the date of holding a meeting to consider the No-confidence motion as 22.1.2025 at 12.00 p.m. 4. 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 respondent No.2-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 - 6 - NC: 2025:KHC-D:945 WP No. 100258 of 2025 matter and the notice issued by the Assistant Commissioner would have to be quashed. 5. 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. 6. Heard Sri.Anand R.Kolli., learned counsel for the petitioner, Sri.Gangadhar.J.M., learned AAG appearing for respondent No.1, Sri.Bhushan Kulkarni., learned counsel appearing for respondent No.2 and Sri.Sadyojat R Baligattimath., learned - 7 - NC: 2025:KHC-D:945 WP No. 100258 of 2025 counsel appearing for respondents No.3 to 15 Perused papers. 7. 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. 8. 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 - 8 - NC: 2025:KHC-D:945 WP No. 100258 of 2025 in Sangan Gowda N. Biradaar’s case is applicable 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 notice dated 04.01.2025 issued by respondent No.1-Authority at Annexure-C in respect of respondent Adhyaksha (Petitioner) is quashed. iii. Liberty is reserved to respondents No.3 to 15 to submit a fresh/new representation directly to respondent No.1-Assistant Commissioner without involving the Panchayat Development Officer, such requisition to be submitted as held by this Court in Sangan Gowda N. Biradaar’s case. iv. In the event of such a representation being submitted by respondents No.3 to 15, 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 - 9 - NC: 2025:KHC-D:945 WP No. 100258 of 2025 proviso to the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. v. 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. vi. 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 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.: 61