Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4701 WP No. 31799 of 2024 C/W WP No. 32470 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. 31799 OF 2024 (LB-RES) C/W WRIT PETITION NO. 32470 OF 2024 (LB-RES)
IN WP No. 31799/2024 BETWEEN:
1.
SMT. CHINNAMMA W/O LATE RANGA SWAMY M, AGED ABOUT 55 YEARS, R/AT IRASAVADI VILLAGE, SANTHEMAAHALLI HOBLI, CHAMARAJANAGAR TALUK AND DIST 571441 …PETITIONER (BY SRI. H MOHAN KUMAR., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF GRAMA SWARAJ AND PANCHYATH RAJ, M.S.BUILDING, BENGALURU-560001 REPT. BY ITS PRINCIPAL SECRETORY
2.
THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION KOLLEGALA-571440 CHAMARAJNAGARA DIST. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR RESPONDENTS;
VIDE ORDER DATED:01.02.2025, I.A.1/2025 FOR IMPLEADING IS DISMISSED)
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4701 WP No. 31799 of 2024 C/W WP No. 32470 of 2024
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED: 12.11.2024 IN NO. CHUNAVANE.(A) CR/02/2024-25 ISSUED BY THE R-2 VIDE ANNEXURE-B, ETC.
IN WP NO. 32470/2024
BETWEEN:
1.
SRI RAVI S S/O SHIVANNA AGED ABOUT 39 YEARS, R/ AT SUTHURU VILLAGE, SANTHEMARALLI HOBLI, CHAMARAJANAGARA TALUK AND DIST. 571441
2.
SRI. SRINIVASA.M S/O LATE MADAIAH AGED ABOUT 46 YEARS, R/AT SUTHURU VILLAGE, SANTHEMARALLI HOBLI, CHAMARAJANAGARA TALUK AND DIST. 571441
3.
SRI. GOVINDA SETTY S/O RANGA SETTY AGED ABOUT 55 YEARS, R/AT IRASAVADI VILLAGE, SANTHEMARALLI HOBLI, CHAMARAJANAGARA TALUK AND DIST. 571441
4.
SMT. MAMATHA.N W/O NAGESH.R AGED ABOUT 36 YEARS, R/AT IRASAVADI VILLAGE, SANTHEMARALLI HOBLI, CHAMARAJANAGARA TALUK AND DIST. 571441 ...PETITIONERS (BY SRI. H MOHAN KUMAR., ADVOCATE)
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NC: 2025:KHC:4701 WP No. 31799 of 2024 C/W WP No. 32470 of 2024
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF GRAMA SWARAJ AND PANCHYATH RAJ, M.S.BUILDING, BENGALURU-560001 REPT. BY ITS PRINCIPAL SECRETARY
2.
THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION KOLLEGALA-571440 CHAMARAJNAGARA DIST. ...RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE NOTICES DATED. 12.11.2024 IN NO. CHUNAVANE.(A) CR/02/2024-25 ISSUED BY THE R-2 VIDE ANNX-B, B1, B2 AND B3 RESPECTIVELY, ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. Writ Petition No.31799/2024 is filed challenging a notice issued by the Assistant Commissioner by which he has convened a special meeting of the Panchayat to consider the motion of No-confidence that had been moved against the petitioner.
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NC: 2025:KHC:4701 WP No. 31799 of 2024 C/W WP No. 32470 of 2024
2. It is the only contention of the petitioner’s counsel that the notice is illegal since the petitioner did not have a 15 days’ clear notice from the date on which the notice was served on her.
3. W.P. No.32470/2024 is filed by the members of the same Gram Panchayat. They are also contending that the impugned notice is illegal, since they did not have 15 days’ clear notice from the date on which the notice was served on them.
4. In my view, the argument of the learned counsel is unacceptable since the Rule only requires that the Assistant Commissioner to grant 15 days’ clear notice from the date he chooses to convene the meeting. The Rule does not contemplate 15 days’ clear notice from the date on which the members are served.
5. In that view of the matter, there is no merit in these Writ Petitions. These Writ Petitions are, therefore,
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NC: 2025:KHC:4701 WP No. 31799 of 2024 C/W WP No. 32470 of 2024
dismissed. As a consequence, the proceedings conducted pursuant to the impugned Annexure-B in W.P. No.31799/2024 and Annexures-B, B1, B2 and B3 in W.P. No.32470/2024 shall remain valid.
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.: 57