- 1 - NC: 2025:KHC-D:2628 WP No. 100942 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100942 OF 2025 (LB-RES) BETWEEN: SRI. KARIYAPPA S/O. CHITTAPPA, AGED ABOUT 40 YEARS, UPA-ADHAYKSHA, MORABA GRAM PANCHAYAT, MORABA AND RESIDENT OF MORABA VILLAGE, KUDLIGI TALUK, VIJAYANAGARA DISTRICT-583135. …PETITIONER (BY SRI. BORANNA P.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-1. 2. THE ASSISTANT COMMISSIONER, OFFICE OF ASSISTANT COMMISSIONER, HOSAPETE SUB-DIVISION, HOSAPETE, VIJAYANAGARA DISTRICT- 583201. 3. THE MORABA GRAM PANCHAYATH, KUDIGI TALUK, VIJAYANAGARA DISTRICT- 583135, REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER CUM SECRETARY. GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2628 WP No. 100942 of 2025 4. V. DURUGAMMA W/O. VENKATESHA V., AGED ABOUT 38 YEARS, PRESIDENT, MARABA GRAMAPANCHAYATHY, KUDLIGI TALUK, VIJAYANAGARA DISTRICT- 583135. 5. MAHABASHA S/O. KHASIM PEERASAB, AGED ABOUT 49 YEARS, WARD NO.1, MARABA VILLAGE, KUDLIGI TALUK, VIJAYANAGARA DISTRICT- 583135. 6. T. HANUMANTHAPPA S/O. BHAJANI ERAPPA, AGED ABOUT 39 YEARS, MEMBER, MARABA GRAMAPANCHAYATHY MARABA VILLAGE, KUDLIGI TALUK, VIJAYANAGARA DISTRICT- 583135. 7. ANJINAPPA S/O. KUDLIGI BASAPPA, AGED ABOUT 45 YEARS, BEERALAGUDDA VILLAGE, MARABA POST, KUDLIGI TALUK, VIJAYANAGARA DISTRICT- 583135. 8. RATHNAMMA W/O. JATHAPPA, AGED ABOUT 45 YEARS, MEMBER, MARABANAHALLI GRAMAPANCHAYATHY, KUDLIGI TALUK, VIJAYANAGARA DISTRICT. 9. PADMAVATHI W/O. VISHVANATHA, AGED ABOUT 32 YEARS, MARABA VILLAGE AND POST, KUDLIGI TALUK, VIJAYANAGARA DISTRICT. 10. G. GOWRAMMA W/O. G. UMAPATHI GOWDA, AGED ABOUT 34 YEARS, MARABA VILLAGE AND POST, KUDLIGI TALUK, VIJAYANAGARA DISTRICT. 11. SANNA THIPPAMMA W/O. PAKEERAPPA, AGED ABOUT 38 YEARS, BEERALAGUDDA MYSARAHATTI VILLAGE, KUDLIGI TALUK, VIJAYANAGARA DISTRICT. - 3 - NC: 2025:KHC-D:2628 WP No. 100942 of 2025 12. M. GURURAJ S/O. M. MALIYAJJAPPA, AGED ABOUT 50 YEARS, MARABA VILLAGE AND POST, KUDLIGI TALUK, VIJAYANAGARA DISTRICT. 13. LAKSHMI MALLAPURADA W/O. HULEPPA, AGED ABOUT 37 YEARS, MARABA VILLAGE AND POST, KUDLIGI TALUK, VIJAYANAGARA DISTRICT. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1 & R2; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R3; R4-R13 DISPENSED WITH) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED NOTIFICATION BEARING NO.KAM/GRAPA/CHUNAVANE/50/2024-25 DT. 24-01-2025 ISSUED BY THE 2ND RESPONDENT AND MARKED AS ANNEXURE-A; ISSUE SUCH OTHER WRIT, ORDER OR DIRECTION AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE AND ALLOW THE ABOVE WRIT PETITION WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 and 2. Sri.Shivaraj Hiremath, learned counsel, accepts notice for respondent No.3. Notice to - 4 - NC: 2025:KHC-D:2628 WP No. 100942 of 2025 respondents No.4 to 13 is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari to quash the impugned notification bearing No.Kam/Grapa/Chunavane/50/2024-25 dated 24-01-2025 issued by the 2nd respondent and marked as Annexure-A; ii. Issue such other writ, order or direction as deemed fit in the circumstances of the case and allow the above writ petition with costs, in the interest of justice and equity. 3. The grievance of the petitioner is that, there are allegations made against the petitioner, Upadhakshya of the Moraba Gram Panchayat. No notice has been issued to the petitioner to explain the allegations, and as such, the notice issued by the first respondent - Assistant Commissioner, on 12/02/2025 for a meeting to consider the no- confidence motion is bad in law. - 5 - NC: 2025:KHC-D:2628 WP No. 100942 of 2025 4. The entire grounds which have been raised in the petition relate to Sub-section (2) of Section 49 of the Karnataka Gram Swaraj and Panchayath Raj Act, 1993 (‘the Act of 1993), which has been excluded from the statute book with effect from 31/03/2010. Post the deletion of Sub-section (2) of Section 49 of the Act of 1993, there would be no requirement for any allegations to be made against the Adhyaksha, Upadhyaksha and a notice for no-confidence can be moved with or without allegations. The requirement of Subsection (2) of Section 49 of the Act of 1993 is not required to be followed. 5. In view of the above position of law, no grounds having been made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 3 Sl No.: 1