MADHUKESHWAR S/O DYAWA CHANNAYYA v. THE ASSISTANT COMMISSIONER SIRSI
WP/100737/2025 · 2025-02-07
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3575 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3575 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2507 WP No. 100737 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100737 OF 2025 (LB-RES) BETWEEN:
MADHUKESHWAR S/O DYAWA CHANNAYYA AGE. 44 YEARS OCC. UPADHYAKSHA AND AGRI R/O. SUGAVI VILLAGE TQ. SIRSI DIST. UTTARA KANNADA PIN. 581318
…PETITIONER (BY SRI. SADIQ KANVI,ADVOCATE)
AND:
1.
THE ASSISTANT COMMISSIONER SIRSI, OFFICE AT. OFFICE OF THE ASSISTANT COMMISSIONER AND SUB DIVISIONAL MAGISTRATE TQ. SIRSI DIST. UTTARA KANNADA PIN. 581401
2. PRASANNA S/O SITARAM HEGADE AGE. 55 YEARS OCC. BUSINESS R/O. BEGALE VILLAGE, SUGAVI PANCHAYAT TQ. SIRSI DIST. UTTARA KANNADA PIN. 581318
GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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NC: 2025:KHC-D:2507 WP No. 100737 of 2025
3. GANESH S/O NARASIMHA JOSHI AGE. 50 YEARS OCC. BUSINESS R/O. SUGAVI VILLAGE, TQ. SIRSI DIST. UTTARA KANNADA PIN. 581318
4. CHANDRASHEKHAR S/O TIMMAPPA NAYAK AGE. 47 YEARS OCC. BUSINESS R/O. BIDRALLI VILLAGE, SUGAVI PANCHAYAT TQ. SIRSI DIST. UTTARA KANNADA PIN. 581318
5.
SMT. LALITA W/O ANANT JOGI AGE. 50 YEARS OCC. HOUSEHOLD R/O. VADDINAKOPPA VILLAGE, SUGAVI PANCHAYAT, TQ. SIRSI DIST. UTTARA KANNADA PIN. 581318
6.
SMT. NIRMALA W/O MAILARI CHALWADI AGE. 46 YEARS OCC. BUSINESS R/O. BEGALE VILLAGE, SUGAVI PANCHAYAT, TQ. SIRSI DIST. UTTARA KANNADA PIN. 581318
7.
SMT MAMATA W/O RAJAPPA H AGE. 47 YEARS OCC. BUSINESS R/O. SUGAVI VILLAGE, TQ. SIRSI DIST. UTTARA KANNADA
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NC: 2025:KHC-D:2507 WP No. 100737 of 2025
PIN. 581318
8.
SMT LALITA W/O MOHAN NAYAK AGE. 44 YEARS OCC. BUSINESS R/O. SUGAVI VILLAGE, TQ. SIRSI DIST. UTTARA KANNADA PIN. 581318
…RESPONDENTS (BY SRI. V.S.KALASURMATH., AGA FOR R1;
SRI. GIRISH V. BHAT., ADVOCATE FOR R2-R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO QUASH THE NOTICE DATED 15-01-2025 ISSUED BY RESPONDENT NO.1 FOR THE MOTION OF NO-CONFIDENCE AGAINST THE PETITIONER, PRODUCED AT ANNEXURE-A AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ of certiorari or any other appropriate writ, order or direction to quash the notice dated 15.01.2025 issued by R1 for the motion of no- confidence against the petitioner. Produced at Annexure-A
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NC: 2025:KHC-D:2507 WP No. 100737 of 2025
ii. Pass any such other order or direction as this Hon’ble Court may dem fit and proper in the circumstances of the case.
2. The petitioner is aggrieved by a notice issued by the Respondent No.1-Assistant Commissioner fixing a meeting on 4.2.2025 at 11.00 a.m. at the office of the Gram Panchayat for consideration of a ‘No Confidence Motion’ set to be moved by Respondent No.2 to 8.
3. The submission of Sri.Sadiq Kanvi., learned counsel for the petitioner is that there is a material irregularity in the notice issued by Respondent No.1- Assistant Commissioner in as much as the requisition notice is not enclosed along with the notice fixing the date of the meeting.
4. This issue is no longer res integra, this Court has in Chetana A Channabasappa Vs. the State of Karnataka in WP No.100364 of 2025 has come to a categorical conclusion that Form No.1 or the
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NC: 2025:KHC-D:2507 WP No. 100737 of 2025
requisition notice is not required to be enclosed along with the notice fixing the date of meeting by the Assistant Commissioner. The said judgment being applicable to this present matter also.
5. There being no requirement to enclose the requisition notice along with the notice under Form No.2, no grounds being made out, petition stands dismissed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 81