- 1 - NC: 2025:KHC-D:1870 WP No. 100634 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100634 OF 2025 (LB-ELE) BETWEEN: SHOBHA W/O. KARIYAPPA DODDAMANI, AGE: MAJOR, OCC: MEMBER OF BIRABBI GRAM PANCHAYAT R/O. H.NO.60, BADAKANNANAVARA ONI, BEERABBI BEERABBI, BALLARI, TQ: HADAGALLI, DIST: BALLARI. …PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS DEPUTY DIRECTOR AND EX-OFFICIO SECRETARY, RURAL AND PANCHAYAT RAJ DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER, BALLARI, DIST: BALLARI-583101 3. THE ASSISTANT COMMISSIONER, HARPANAHALLI, BALLARI, DIST: BALLARI-583101. 4. THE PANCHAYAT DEVELOPMENT OFFICER, BIRABBI GRAM PANCHAYAT, DIST: BALLARI-583101. 5. SHRI. DYAMANAIK S/O. LATE NAGAYANAIK, AGE: 40 YEARS, GRAMPANCHAYAT MEMBER, R/O. ARALIHALLITHANDA, POST. BEERABBI, TQ: HADAGALI DIST: VIJAYANAGAR-591222. 6. SHRI. HAKKI MANJUNATH S/O. LATE GUDDAPPA, AGE: 42 YEARS, GRAMPANCHAYAT MEMBER, R/O. ANGURU, POST. MAKARABBI, GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 15:28:29 +0530 - 2 - NC: 2025:KHC-D:1870 WP No. 100634 of 2025 TQ: HADAGALI, DIST: VIJAYANAGAR-591222. 7. SHRI. MALLAPPA K. S/O. SANGAPPA, AGE: 42 YEARS, GRAMPANCHAYAT MEMBER, R/O. BEERABBI, TQ: HADAGALI, DIST: VIJAYANAGAR-591222. 8. SHRI. V. KALAPPA S/O. ERAPPA, AGE: 55 YEARS, GRAMPANCHAYAT MEMBER, R/O. HOSAHALLI, TQ: HADAGALI, DIST: VIJAYANAGAR-591222. 9. SHRI L. HANUMANTH NAIK S/O. LATE JANYANAIK, AGE: 40 YEARS, GRAMPANCHAYAT MEMBER, R/O. THUMBINAKERE DODDATANDA, PO. HIREHADAGLI, TQ: HADAGALI, DIST: VIJAYANAGAR-591222. 10. SMT. BASAMMA W/O. KALAPPA, AGE: 45 YEARS, GRAMPANCHAYAT MEMBER, R/O. HOSAHALLI, TQ: HADAGALI, DIST: VIJAYANAGAR-591222. 11. SHRI. L. LAXMAN NAIK S/O. GANGYANAIK, AGE: 42 YEARS, GRAMPANCHAYAT MEMBER, R/O. THUMBINAKERI DODDATANDA, PO. HIREHADAGLI, TQ: HADAGALI, DIST: VIJAYANAGAR-591222. 12. SHRI HACHINAMANE HANUMANTHAPPA S/O. LATE YALLAPPA, AGE: 45 YEARS, GRAMPANCHAYAT MEMBER, R/O. ANGURU, POST. MAKARABBI, TQ: HADAGALI DIST: VIJAYANAGAR-591222. 13. SMT. K. SIDDAVVA W/O. MALLAPPA, AGE: 55 YEARS, GRAMPANCHAYAT MEMBER, R/O. ANGURU, POST. MAKARABBI, TQ: HADAGALI DIST: VIJAYANAGAR-591222. 14. SMT. REVAKKA W/O. VIRUPAKSHAPPA, AGE: 62 YEARS, GRAMPANCHAYAT MEMBER, R/O. ARALIHALLI, POST. BEERABBI, TQ: HADAGALI DIST: VIJAYANAGAR-591222. - 3 - NC: 2025:KHC-D:1870 WP No. 100634 of 2025 15. SMT. SUSHILABAI W/O. VALYANAIK, AGE: 50 YEARS, GRAMPANCHAYAT MEMBER, R/O. THUMBINAKERI DODDATANDA, PO. HIREHADAGLI, TQ: HADAGALI, DIST: VIJAYANAGAR-591222. 16. SMT. HANAMAVVA W/O. RAMAPPA, AGE: 50 YEARS, GRAMPANCHAYAT MEMBER, R/O. ANGURU, POST. MAKARABBI, TQ: HADAGALI, DIST: VIJAYANAGAR-591222. 17. SMT. HIREEBAI W/O. RAMANAIK, AGE: 45 YEARS, GRAMPANCHAYAT MEMBER, R/O. THUMBINAKERE SANNATHANDA, PO. HIREHADAGLI, TQ: HADAGALI, DIST: VIJAYANAGAR-591222. 18. SMT. TALAWAR REKHA W/O. SURESH, AGE: 40 YEARS, GRAMPANCHAYAT MEMBER, R/O. BEERABBI, TQ: HADAGALI, DIST: VIJAYANAGAR-591222. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R3; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R4; SRI. G. NAGARAJ, ADVOCATE 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/CHUNAVANE/44/2024/25, AT ANNEXURE-F ISSUED BY RESPONDENT NO.3 DATED 16/1/2025, AS ILLEGAL AND ARBITRARY, IN THE INTEREST OF JUSTICE AND EQUITY; 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. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:1870 WP No. 100634 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: I. Issue writ, order or direction in the nature of Certiorari quashing the notice Bearing No.Sam/Kam/Chunavane/44/2024/25, at Annexure-F issued by Respondent No.3 dated 16/1/2025, as illegal and arbitrary, in the interest of justice and equity; II. 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 petitioner is aggrieved by the impugned notice dated 16.01.2025 issued by the respondent No.3 - Assistant Commissioner fixing the meeting to consider the No-Confidence Motion on 31.01.2025 at 11.00 a.m. 3. The submission of Sri.Sunil S. Desai, 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 - 5 - NC: 2025:KHC-D:1870 WP No. 100634 of 2025 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 notice is received by the PDO and forwarded to the Assistant Commissioner in as much as the PDO has - 6 - NC: 2025:KHC-D:1870 WP No. 100634 of 2025 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.Sunil S. Desai, learned counsel for the petitioner, Sri.V. S. Kalsurmath, learned AGA for respondents No.1 to 3, Sri. V. Shivaraj Hiremath, learned counsel for respondent No.4 and Sri. Gode Nagaraj, learned counsel for respondents No.5 to 18. 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 Court in Sangan Gowda N. Biradaar’s case(supra). The said judgment having attained finality, the same not having been challenged and no - 7 - NC: 2025:KHC-D:1870 WP No. 100634 of 2025 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: ORDER i. The Writ petition is allowed. - 8 - NC: 2025:KHC-D:1870 WP No. 100634 of 2025 ii. A certiorari is issued, the impugned no- confidence meeting notice dated 16.01.2025 bearing No. Sam/Kam/Chunavane/44/2024/25 at Annexure-F, passed by respondent No.3, is quashed. iii. Liberty is reserved to respondents No.5 to 18 to submit a fresh/new representation directly to respondent No.3-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.5 to 18, respondent No.3-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 - 9 - NC: 2025:KHC-D:1870 WP No. 100634 of 2025 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.4 for acting in violation of order dated 26.11.2024 passed in WP No.203171 of 2024. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 48