MEENA v. THE PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATI RAJ DEPARTMENT
WP/31105/2024 · 2025-02-01
N S Sanjay Gowda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35379 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35379 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4699 WP No. 31105 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 31105 OF 2024 (LB-RES) BETWEEN:
1. MEENA W/O R GOVINDARAJU AGED ABOUT 42 YEARS, R/O UPPARA STREET, UPPINA MOLE VILLAGE, NEAR SRI MANTESWAMY TEMPLE, YALANDURU TALUK, CHAMARAJANAGARA DIST 571441 …PETITIONER (BY SRI. GOPALA KRISHNA MURTHY.K., ADVOCATE)
AND:
1.
THE PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATI RAJ DEPARTMENT GOVERNMENT OF KARNKATAKA, M S BUILDING, BENGALURU 560001
2.
DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA 571441
3.
ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION, KOLLEGALA CHAMARAJANAGARA DISTRICT 571441
4.
EXECUTIVE OFFICER TALUK PANCHAYAT YALANDURU TALUK, YALANDURU
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4699 WP No. 31105 of 2024
CHAMARAJANAGARA DISTRICT 571441
5.
PANCHAYATH DEVELOPMENT OFFICER GUMBALI GRAMA PANCHAYATH, YALANDURU TALUK CHAMARAJANAGARA DISTRICT 571441 …RESPONDENTS (BY SMT.SPOORTHI.V., AGA FOR R-1 TO R-3;
SRI.S.NARENDRA., ADVOCATE FOR R-4 & R-5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ANNEXURE-D THAT THE NOTICE BEARING NO. CHUNAVANE (A) C R 03/2024-25 DATED 11/11/2024 ISSUED BY THE ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION, KOLLEGALA, AND CONSEQUENTLY DIRECT THE ASSISTANT COMMISSIONER KOLLAGALA SUB-DIVISION, KOLLEGALA NOT TO CONDUCT MOTION OF NO CONFIDENCE AGAINST THE PETITIONER SCHEDULED ON 27/11/2024 IN THE OFFICE OF GUMBALLAI GRAM PANCHAYATH, YELLANDUR TALUK, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The petition is filed challenging a notice by which a special meeting has been convened to consider the motion of No-confidence that had been moved against the petitioner.
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NC: 2025:KHC:4699 WP No. 31105 of 2024
2.
Learned counsel for the petitioner seeks to contend that there was absolutely no reason forthcoming for moving the motion of No-confidence, and therefore, the notice was illegal.
3. In my view, the Rules or the provisions of the Karnataka Panchayat Raj Act, 1993 do not contemplate that the members ought to give any reason for moving a motion of No-confidence.
4. It is also noticed that the requisition has been made by 14 members and the requisite amount of days has been given by the Assistant Commissioner while convening a special meeting. There is, therefore, no infirmity in the entire procedure adopted, and therefore, Writ Petition is dismissed.
5. As a consequence, it is needless to state that the Assistant Commissioner shall ensure that the election for the post of ‘Adhyaksha’ would be conducted
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NC: 2025:KHC:4699 WP No. 31105 of 2024
within a period of two weeks from the date of receipt of a copy of this order.
6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
HNM List No.: 1 Sl No.: 76