- 1 - NC: 2025:KHC-D:947 WP No. 100354 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. 100354 OF 2025 (LB-RES) BETWEEN: SMT LAKSHMI ALIAS LAKSHMAVVA W/O. SHANKRAPPA BENDIGERI, AGE ABOUT 40 YEARS, OCC. PRESIDENT, KURUBARAMALLUR GRAM PANCHYATH, R/O. MAHUR VLLAGE, TQ. SAVANUR, DIST. HAVERI-581118 …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. 2. 3. THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHYATH RAJ DEPARTMENT, 3RD FLOOR, M.S. BUILDING, BENGALURU-560001 THE ASSISTANT COMMISSIONER SAVANUR, HAVERI DISTRICT-581110. SRI. GANGAPPA S/O UDCHAPPA DODDAPUJAR AGED ABOUT 46 YEARS OCC: MEMBER, KURUBARAMALLUR GRAM PANCHYATH, R/O. KURUBARMALLUR VLLAGE, TQ. SAVANUR, DIST. HAVERI-581118 ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:947 WP No. 100354 of 2025 4. 5. 6. 7. 8. SMT. YELLAMMA, W/O HANUMANTHAPPA AJJANNAVAR AGED ABOUT 65 YEARS OCC:MEMBER, KURUBARAMALLUR GRAM PANCHYATH, R/O. KURUBARMALLUR VLLAGE, TQ. SAVANUR, DIST. HAVERI-581118 SRI. MAHADEVAPPA, S/O NINGAPPA MALLADAD AGED ABOUT 66 YEARS OCC:MEMBER, KURUBARAMALLUR GRAM PANCHYATH, R/O. CHALLAL VILLAGE, TQ. SAVANUR, DIST. HAVERI-581118 SMT. LAKSHMAVVA, W/O KANAKDAS NAYAK AGED ABOUT 60 YEARS OCC:MEMBER, KURUBARAMALLUR GRAM PANCHYATH, R/O. CHALLAL VILLAGE, TQ. SAVANUR, DIST. HAVERI-581118 SMT. LALITHAVVA W/O SHIVANGOUDA DODDAGOUDA AGE: 45 YEARS OCC: MEMBER, KURUBARAMALLUR GRAM PANCHYATH, R/O. CHALLAL VILLAGE, TQ. SAVANUR, DIST. HAVERI-581118 SRI. NAVEEN S/O CHANNAPPA SAVANUR AGE: ABOUT 34 YEARS, OCC:MEMBER, KURUBARAMALLUR GRAM PANCHYATH, R/O. CHALLAL VILLAGE, TQ. SAVANUR, DIST. HAVERI-581118 - 3 - NC: 2025:KHC-D:947 WP No. 100354 of 2025 9. 10 11. SRI BASAVARAJ S/O SHIVAPPA TALWAR AGED ABOUT 40 YEARS OCC: MEMBER, KURUBARAMALLUR GRAM PANCHYATH, R/O. MAHANUR VILLAGE, TQ. SAVANUR, DIST. HAVERI-581118 SRI. SRIKANTH S/O GADIGEPPA DEVIHOSUR AGED ABOUT 43 YEARS OCC:MEMBER, KURUBARAMALLUR GRAM PANCHYATH, R/O. BARDOOR VILLAGE, TQ. SAVANUR, DIST. HAVERI-581118 SMT. KHADARBI K. NADAF AGED ABOUT 70 YEARS OCC:MEMBER, KURUBARAMALLUR GRAM PANCHYATH, R/O. BARDOOR VILLAGE, TQ. SAVANUR, DIST. HAVERI-581118 …RESPONDENTS (BY SRI. GANGADHAR J.M. AAG., FOR SRI. V.S. KALASURMATH, AGA FOR R1-R2; NOTICE TO R3-R11 IS D/W) 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-10/2024-25 DATED 30/12/2024 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-C, AND ETC THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - NC: 2025:KHC-D:947 WP No. 100354 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue Writ of certiorari and quash the impugned notice No. Chunavane/A.V./VaHi-10/2024-25 dated 30.12.2024 issued by the Respondent No.2 vide Annexure-C; and b. Issue a writ of certiorari and quash the impugned representation dated 23.12.2024 given by the respondent nos . 3 to 11 to Respondent No.2 vide Annexure-B; and c. 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. 2. The petitioner is aggrieved by the notice issued by the respondent No.2 dated 30.12.2024 fixing the date of holding the meeting to consider the ‘No Confidence Motion’ as 21.01.2025 at 11.00 a.m. 3. The submission of Sri.Vidyashankar G.Dalwai, learned counsel for the petitioner is that the requisition notice though addressed to the Assistant Commissioner bears the writing, signature and seal - 5 - NC: 2025:KHC-D:947 WP No. 100354 of 2025 of the Panchayath Development Officer and is therefore contrary to the decision of a Co-ordinate Bench of this Court dated 26.11.2024 in W.P.No.203171/2024. This issue has been dealt with by this Court vide order dated 20.01.2025 in W.P.No.100205/2025. The said order would be equally applicable to the present case. Hence, I pass the following: ORDER i) The Writ Petition is allowed, a certiorari is issued. ii) The impugned Notice No.Chunavane/A.V./VaHi- 10/2024-25 dated 30.12.2024 issued by respondent No.2 vide Annexure-C is quashed. iii) The impugned representation dated 23.12.2024 given by respondents No.3 to 11 to respondent No.2 vide Annexure-B stands rejected. - 6 - NC: 2025:KHC-D:947 WP No. 100354 of 2025 iv) The respondent/s shall act on the operative portion of the order without insisting on the entire order. v) The respondent/s shall act on the print out of the uploaded copy of the order without insisting on a certified copy of the order. vi) Liberty is reserved to the respondents to submit a fresh requisition notice in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 3 Sl No.: 1