- 1 - NC: 2025:KHC-D:2046 WP No. 100677 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100677 OF 2025 (LB-ELE) BETWEEN: SMT. GANGAVVA W/O. SIDDAPPA KURABAR, AGE. 40 YEARS, OCC. AGRICULTURE AND PRESIDENT, GRAM PANCHAYAT, CHAPAGAON, R/O. VADDEBAIL VILLAGE, TQ. KHANAPUR, DIST. BELAGAVI-591120. …PETITIONER (BY SRI. R.M.HIREMATH AND SRI SUJEET S.HIREMATH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ, DEPARTMENT, M.S. BUILDING, 3RD FLOOR, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER, BELAGAVI SUB-DIVISION, BELAGAVI, DIST. BELAGAVI-590001. 3. GRAM PANCHAYAT, CHAPAGAON, TQ. KHANAPUR, DIST. BELAGAVI-591120, R/BY ITS PANCHAYAT DEVELOPMENT OFFICER. PIN-591120. 4. SHRI. MARUTI S/O. PUNNAPPA CHOPADE, AGE. 38 YEARS, OCC. AGRICULTURE AND GP MEMBER, R/O. H. NO.78, CHAPAGAON, ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2046 WP No. 100677 of 2025 TQ. KHANAPUR, DIST. BELAGAVI-591120. 5. SMT. LAXMI W/O. HANAMANT MADAR AGE. 46 YEARS, OCC. AGRICULTURE AND GP MEMBER, R/O. CHAPAGAON, TQ. KHANAPUR, DIST. BELAGAVI-591120. 6. SHRI. NAGARAJ S/O. BASVANNEPPA YALLURKAR AGE. 41 YEARS, OCC. AGRICULTURE AND GP MEMBER, R/O. CHAPAGAON, TQ. KHANAPUR, DIST. BELAGAVI-591120. 7. SMT. DEMAVVA W/O. PIRAJI MADAR, AGE. 44 YEARS, OCC. AGRICULTURE AND GP MEMBER, R/O. BASAVESHWAR GALLI, CHAPAGAON, TQ. KHANAPUR, DIST. BELAGAVI-591120. 8. SHRI. NAJEER S/O. DADASAHEB SANADI AGE. 50 YEARS, OCC. AGRICULTURE AND GP MEMBER, R/O. H. NO.255, CHAPAGAON, TQ. KHANAPUR, DIST. BELAGAVI-591120. 9. SMT. SNEHAL W/O. SAYAJI PATIL AGE. 35 YEARS, OCC. AGRICULTURE AND GP MEMBER, R/O. H. NO.76, CHAPAGAON, TQ. KHANAPUR, DIST. BELAGAVI-591120. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR R1 AND R2; SRI. V.SHIVARAJ HIREMATH, ADVOCATE FOR R3; SRI. DEEPAK KULKARNI, ADVOCATE FOR R4 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING ANNEXURE-D, THE IMPUGNED NOTICE DATED 20-01-2025 BEARING NO. CHUNAVANE/GRA.PAM/VIVA-02/2024-25 ISSUED BY RESPONDENT NO.2 TO THE PETITIONER SCHEDULING THE DATE AND TIME OF MEETING FOR NO CONFIDENCE MOTION AS 05-02-2025 AT 11.00 AM; AND ETC. - 3 - NC: 2025:KHC-D:2046 WP No. 100677 of 2025 THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ of Certiorari or any other Writ or order quashing Annexure-D, the impugned notice dated. 20-01-2025 bearing no. -02/2024- 25 issued by Respondent No.2 to the Petitioner shceduling the date and time of meeting for No Confidence Motion as 05-02-2025 at 11.00AM. b. Issue any other Writ/Order or direction deemed fit and proper, in the interest of justice and equity. 2. The petitioner is aggrieved by the impugned notice dated 20.01.2025 issued by the respondent No.2 - Assistant Commissioner fixing the meeting to consider the No-Confidence Motion on 05.02.2025 at 12.00 noon. 3. The submission of Sri.R.M.Hiremath and Sri. Sujeet S.Hiremath, learned counsels for the petitioner is that, the alleged requisition submitted by the - 4 - NC: 2025:KHC-D:2046 WP No. 100677 of 2025 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 applicable to the present matter and the notice issued by the Assistant Commissioner would have to be quashed. 4. Sri. V. S. Kalsurmath, learned AGA appearing for the State would however contend that no prejudice would be caused to the petitioner if the requisition - 5 - NC: 2025:KHC-D:2046 WP No. 100677 of 2025 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. 5. Heard Sri. Sri.R.M.Hiremath and Sujeet S.Hiremath, learned counsels for the petitioner, Sri.V.S. Kalsurmath, learned AGA for respondents No.1 and 2, Sri. V.Shivaraj Hiremath, learned counsel for respondent No.3 and Sri. Deepak Kulkarni, learned counsel for respondents No.4 to 9. Perused papers. 6. 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 - 6 - NC: 2025:KHC-D:2046 WP No. 100677 of 2025 Court in Sangan Gowda N. Biradaar’s case(supra). 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 the learned AGA cannot be looked into dehors the judgment of the Co-ordinate Bench. 7. 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 (supra) is applicable to the present case. 8. In that view of the matter, I pass the following: - 7 - NC: 2025:KHC-D:2046 WP No. 100677 of 2025 ORDER i. The Writ petition is allowed. ii. A certiorari is issued, the impugned no- confidence meeting notice dated 20.01.2025 bearing No. -02/2024-25 at Annexure-D, passed by respondent No.2, is quashed. iii. Liberty is reserved to respondents No.4 to 9 to submit a fresh/new representation directly to respondent No.2-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.4 to 9, respondent No.2-Assistant Commissioner shall receive the same and proceed further in - 8 - NC: 2025:KHC-D:2046 WP No. 100677 of 2025 accordance with law without reference to Section 49 (B-i) including its proviso to the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. v. The Principal Secretary, Panchayat Raj and Rural Development Department is also directed to take disciplinary action against the concerned Panchayat Development Officer – respondent No.3 for acting in violation of order dated 26.11.2024 passed in WP No.203171 of 2024. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 3 Sl No.: 0