- 1 - NC: 2025:KHC-D:2165 WP No. 100751 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100751 OF 2025 (LB-ELE) BETWEEN: SRI. A M GANGADHARAYYA S/O KOTTRABASAYYA AGE 57 YEARS, OCC AGRICULTURIST AND BUSINESS, R/O. HANASI, HAGRI BOMMANAHALLI VIJAYANAGAR-583135. …PETITIONER (BY SRI. RANJITA G. ALAGAWADI, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER HOSPHETE, VIJAYANAGAR- 583201 2. PANCHAYAT DEVELOPMENT OFFICER HAGRI BOMMANAHALLI VIJAYANAGAR-583135 3. SHAKUNTALA W/O RAMESHA AGE. 45 YEARS, OCC. HOUSE WIFE, R/O. WARD 2, HANASI, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR 583135 4. HK CHANDRAPPA S/O MARIYAMMA AGE. 48 YEARS, OCC. AGRICULTURE R/O. KALLAHALLI, HANASI, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR 583135 GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2165 WP No. 100751 of 2025 5. SHARDAMMA W/O.PARAMESHWARAPPA AGE. 34 YEARS, OCC. HOUSE WIFE, R/O. KALLAHALLI, HANASI, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR 583135 6. N. HASEN SHARIF S/O. ALLABAKSHI SAB AGE 43 YEARS, OCC. AGRICULTURE, R/O #2 WARD 1, HANASI, HAGARIBOMMANAHALLI, DIST VIJAYANAGAR 583135 7. VIJAYALAKSHMI U W/O U. SIDDESH AGE. 50 YEARS, OCC. HOUSE WIFE, R/O.#388, WARD 1, HANASI, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR 583135 8. V. VEERESH S/O KOTRAPPA AGE. 40 YEARS, OCC. AGRICULTURE, R/O #69, H B HALLI, HANASI, HAGARIBOMMANAHALLI, DIST VIJAYANAGAR 583135 9. PALTHYA GANGYA NAIK S/O PREMA NAIK AGE. 68 YEARS, OCC. AGRICULTURE, R/O. KALLAHALLI THANDA, HANASI, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR 583135 10. YALLAMMA W/O KARIYAPPA AGE. 66 YEARS, OCC. HOUSE WIFE, R/O. HB HALLI, HANASI, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR 583135 11. KOTRESHAPPA S/O CHANDRAPPA AGE. 55 YEARS, OCC. AGRICULTURE R/O. 29, KANAVINAYAKANA HALLI, HANASI, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR 583135 12. G. SHASHIKALA W/O G. PRAKASHA AGE. 32 YEARS, OCC. AGRICULTURE, R/O. HANASI, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR 583135 - 3 - NC: 2025:KHC-D:2165 WP No. 100751 of 2025 13. V. CHANNAMMA W/O PARASHURAMA AGE. 39 YEARS, OCC. HOUSE WIFE, R/O. KANAVINAYAKANA HALLI, HANASI, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR 583135 14. NINGAMMA W/O.BELADERI HANUMANTHAPPA AGE. 46 YEARS, OCC. HOUSE WIFE R/O. KALLAHALLI, H B HALLI, HANASI, HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR 583135 …RESPONDENTS (BY SRI. V. S. KALSURMATH, AGA FOR R1; SRI. BHUSHAN KULKARNI, ADVOCATE FOR R2; SRI. KIRAN M. GOLI, ADVOCATE FOR R3 TO R14) 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 QUASHING THE IMPUGNED NOTICE DATED. 23-01-2025 ISSUED BY THE RESPONDENT NO.1 AUTHORITY MARKED AS ANNEXURE-A IN RESPECT OF ADHYAKSHA (PETITIONER) IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1. Sri.Bhushan Kulkarni, learned counsel is directed to accept notice for respondents Nos. 2. Notice to other respondents is dispensed with in view of the proposed order to be passed. - 4 - NC: 2025:KHC-D:2165 WP No. 100751 of 2025 2. The petitioner is before this Court seeking the following reliefs: a. Issue a writ in the nature of certiorari quashing the impugned notice dated 23-01-2025 issued by the respondent No.1 Authority marked as Annexure-A in respect of Adhyaksha (Petitioner) in the interest of justice and equity. b. Such other writ or order or direction as this Hon’ble Court deems fit on the facts and circumstances of the case in the interest of justice and equity. 3. The grievance of the petitioner is that, the Assistant Commissioner has issued a notice dated 23/01/2025, fixing the date of the meeting for moving no- confidence motion against the petitioner on 11/02/2025 at 11:00 am. 4. The submission of Ms. Ranjitha G. Alagawadi, learned counsel for the petitioner is that, along with the said notice issued by the Assistant Commissioner in Form No.2, the requisition notice in terms of Form No.1 has not been enclosed. Her next submission is that, the requisition issued by the members is not in accordance with Form No.1 and lastly, she submits - 5 - NC: 2025:KHC-D:2165 WP No. 100751 of 2025 that, there being the allegations made against the petitioner, an inquiry under Section 49(2) of the Gram Panchayat Act, 1993 (‘the Act of 1993’, for short) is required to be held. 5. Having heard learned counsel for the petitioner, the issue as regards enclosing of the requisition notice along with Form No.2 is not necessary, as held by this Court in W.P.No.100675/2025 (Sharanamma Vs. The Assistant Commissioner and Others) and W.P.No.100364/2025 (Chetan A. Channabasappa Vs. State of Karnataka and Others). 6. Insofar as the second contention that the requisition submitted by the Gram Panchayat members is not in accordance with Form No.1, a perusal of Annexure C, dated 15/01/2025, indicates that the members have indicated their intention to move a no-confidence motion against the petitioner. As held by this Court in W.P.No.100675/2025 and W.P.No.100364/2025, - 6 - NC: 2025:KHC-D:2165 WP No. 100751 of 2025 such an indication would be sufficient, and it is not necessary for Form No.1 to be enclosed with the said requisition notice. 7. Insofar as the last contention of learned counsel for the petitioner that there are various allegations which have been made against the petitioner, and as such, inquiry would have to be held in terms of Section 49(2) of the Act of 1993, the said Sub- Section(2) of Section 49 having been deleted from the statute with effect from 31/03/2020, a notice for no-confidence motion can be moved with or without any allegations, and as such, no inquiry is required to be held. 8. The judgment relied upon by the learned counsel for the petitioner in W.P.No.50210/2018 (Smt.Poornima Sudhin Vs. The State of Karnataka and Others), is not applicable to the present case, since the said judgment was rendered when Subsection (2) of Section 49 of the Act was - 7 - NC: 2025:KHC-D:2165 WP No. 100751 of 2025 still available in the statute book as held by this Court in W.P.No.100675/2025 (Sharanamma Vs. The Assistant Commissioner and Others) and W.P.No.100364/2025 (Chetan A. Channabasappa Vs. State of Karnataka and Others). 9. In that view of the matter, none of the contentions urged by the counsel for the petitioner being maintainable, the petition stands dismissed at the stage of admission itself. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 39