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2025 DAILYLAW 3107 (KAR)

SHARADA W/O RAMESH N v. THE STATE OF KARNATAKA

WP/100346/2025 · 2025-01-20

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:948 WP No. 100346 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. 100346 OF 2025 (LB-RES) BETWEEN: 1. 2. SHARADA W/O RAMESH N AGED ABOUT. 37 YEARS, OCC. PRESIDENT OF SOMASAMUDRA GRAM PANCHAYAT TQ. KURUGODU, DIST. BALLARI V. GANGADHARA S/O V. VENKAPPA AGED ABOUT 38 YEARS, OCC: VICE PRESIDENT OF SOMASAMUDRA GRAM PANCHAYAT TQ. KURUGODU, DIST. BALLARI …PETITIONERS (BY SRI. SUNIL S DESAI, ADVOCATE) AND: 1. 2. 3. THE STATE OF KARNATAKA REPRESENTED BY ITS DEPUTY DIRECTOR AND EX-OFFICIO SECRETARY, RURAL AND PANCHAYAT RAJ DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001 THE DEPUTY COMMISSIONER BELLARY, DIST: BELLARY-583101. THE ASSISTANT COMMISSIONER BELLARY, DIST: BELLARY-583101. R ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:948 WP No. 100346 of 2025 4. 5. 6. 7. 8. 9. 10. THE PANCHAYAT DEVELOPMENT OFFICER SOMASAMUDRA GRAM PANCHAYAT, TQ: KURUGODU DIST: BELLARY-583101. M. MANJUNATH S/O HANUMANTAPPA AGED ABOUT 48 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. KENCHAPPA S/O KANAKAPPA AGED ABOUT 43 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. SMT. LAKSHMI W/O GURUSWAMI, AGED ABOUT 60 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. SMT. LAKSHMI W/O BHADRAPPA, AGED ABOUT 60 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. SMT. SAVITRI, W/O ISHWARAPPA AGED ABOUT 32 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. RAJESHWARI W/O SIDDALINGAPPA, AGED ABOUT 32 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. - 3 - NC: 2025:KHC-D:948 WP No. 100346 of 2025 11. 12. 13. 14. 15. 16. 17. SMT.SRIDEVI W/O BASANAGOUDA, AGED ABOUT 34 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. SMT. MANJULA W/O B.N. CHANDRASHEKAR, AGED ABOUT 40 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. SMT. GURUVAR SIDDALINGAMMA W/O BASAVARAJ, AGED ABOUT 49 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. SMT. UMA W/O KUMARASWAMI, AGED ABOUT 38 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. SMT. SHAKUNTALA W/O JALRAM, AGED ABOUT 65 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. SMT. NEELAMMA W/O KUMARAPPA, AGED ABOUT 38 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. T. RAJESH, S/O IRANNA, AGED ABOUT 40 YEARS OCC: MEMBER - 4 - NC: 2025:KHC-D:948 WP No. 100346 of 2025 18. R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. SMT. V. LAKSHMI, W/O MALLAPPA, AGED ABOUT 40 YEARS OCC: MEMBER R/O GRAM PANCHAYAT, SOMASAMUDRA, TQ: KARAGOUDU, DIST: BALLARI-583101. …RESPONDENTS (BY SRI. GANGADHAR .J.M., AAG FOR SRI. V.S. KALASURMATH, AGA FOR R1-R3; SRI. V. SHIVARAJ HIREMATH., ADVOCATE FOR R4; SRI. K.L.PATIL., AND SRI. S.S. BETURMATH., ADVOCATES FOR R5- R18) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE NOTICE BEARING NO. SAM/KAM/CHUNA/AVISHWAS/CHUNAVANE/ 35/2024/25, SAM/KAM/CHUNA/AVISHWAS/CHUNAVANE/36/2024-25 AT ANNEXURE-H AND J ISSUED BY RESPONDENT NO.3 DATED. 31/12/2024, AS ILLEGAL AND ARBITRARY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue writ, order or direction in the nature of Certiorari quashing the notice Bearing No. Sam/Kam/Chuna/Avishwas/Chunavane/35/2024- - 5 - NC: 2025:KHC-D:948 WP No. 100346 of 2025 25/Sam/Kam/Chuna/Avishwas/Chunavanne/36/202 4-25 at Annexure-H and J issued by Respondent No.3 dated: 31.12.2024, as illegal and arbitrary, in the interest of justice and equity. b. 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. 2. The grievance of the petitioners is that respondent No.3 – Assistant Commissioner has acted on a requisition notice submitted by respondents No.5 to 18 to respondent No.4 – Panchayath Development Officer. 3. The submission of Sri.Sunil S.Desai, learned counsel for the petitioners is that the requisition in terms of sub-rule (1) of Rule 3 of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short, ‘the Rules’) would have to be submitted to the Assistant Commissioner and could not have been submitted to the Panchayat Development Officer. The requisition not having - 6 - NC: 2025:KHC-D:948 WP No. 100346 of 2025 been made to the Assistant Commissioner, no notice could have been issued by the Assistant Commissioner fixing the date of the meeting for consideration of the proposal to move a No- Confidence Motion. 4. Having heard the learned counsel for the parties and having perused the records, it is clearly seen that the notice of requisition produced along with the memo dated 20.01.2025 is addressed to the Panchayath Development Officer, which has been accepted by him; forwarded to the Assistant Commissioner and in furtherance of which, the Assistant Commissioner has issued the notices at Annexures-H and J, both are dated 31.12.2024. In that view of the matter, the action taken by the Panchayath Development Officer being contrary to Sub-Rule (1) of Rule 3 of the Rules, the Assistant Commissioner could not have considered the requisition addressed to the Panchayath Development Officer and directed - 7 - NC: 2025:KHC-D:948 WP No. 100346 of 2025 holding of meeting to consider the ‘No Confidence Motion’. As such, I pass the following: ORDER i) The Writ Petition is allowed, a certiorari is issued. ii) The notices dated 31.12.2024 issued by respondent No.3 at Annexures-H and J are hereby quashed. iii) Liberty is reserved to respondents No.5 to 18 to submit a fresh requisition to respondent No.3 in accordance with the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994. iv) Respondent No.1 is directed to issue necessary instructions to all the Panchayath Development Officers coming under its jurisdiction not to accept any requisition for moving a ‘No - 8 - NC: 2025:KHC-D:948 WP No. 100346 of 2025 Confidence Motion’ whether it is addressed to him or otherwise. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 65