Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1800 WP No. 31936 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 31936 OF 2024 (LB-ELE) BETWEEN:
1. SMT GOWRAMMA W/O KRISHNAMURTHY S.K AGED ABOUT 55 YEARS R/A BALLUPET GRAMA, SAKLESHPURA HASSAN DISTRICT 573214 …PETITIONER (BY SRI. VENKATESH SOMAREDDI., ADVOCATE)
AND:
1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, REPRESENTED BY PRINCIPAL SECRETARY, M.S. BUILDING, 3RD FLOOR, 3RD GATE, BENGALURU, KARNATAKA 560001. 2. ASSISTANT COMMISSIONER, SAKLESHPURA SUB DIVISION HASSAN DISTRICT – 573134
3. BALLUPET GRAM PANCHAYAT REPRESENTED BY PANCHAYAT DEVELOPMENT OFFICER, SAKLESHPURA HASSAN DISTRICT – 573214
4. MRS. KAVITHA K AGED MAJOR W/O NAVEEN N S R/AT ARASUNAGARA CHIKKNAYAKANA HALLI
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1800 WP No. 31936 of 2024
SAKLESHPURA, HASSAN DISTRICT – 573214
5. MR. KRISHNAMURTHY AGED MAJOR, S/O LATE NIRVANAYYA R/AT HADUGAVALLI, SAKTESHPURA HASSAN DISTRICT-573314
6. MR. PRAKASH AGED MAJOR, S/O LATE RANGASHETTY R/AT RAJENDRAPUR, SAKLESHPURA HASSAN DISTRICT – 573214
7. MRS. K N PREMALATHA AGED MAJOR, W/O RAVINDRA B S R/AT AMBEDKAR NAGAR SAKLESHPURA, HASSAN DISTRICT – 573214. 8. MR. B A SANJU AGED MAJOR, S/O ANNEGOWDA B G BALLUPETE, SAKLESHPURA HASSAN DISTRICT – 573214
9. MR. B S RAJESH AGED MAJOR S/O SHANTARAJU R/AT AMBEDKAR NAGAR SAKLESHPURA, HASSAN DISTRICT – 573214. 10. MR. BHARAT B R AGED MAJOR S/O RAMESH RAI INDIRANAGAR, SAKLESHPURA HASSAN DISTRICT – 573214. 11. MR. ROHIT S/O SHIVANNA, AGED MAJOR AYODHYA NAGARA SAKLESHPURA, HASSAN DISTRICT – 573214. 12. MRS. LATHA W/O CHANDRASHEKAR
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NC: 2025:KHC:1800 WP No. 31936 of 2024
AGED MAJOR R/AT MENASAMAKKI, SAKLESHPURA HASSAN DISTRICT – 573214. 13. MR. LOKESH S/O GURAVA, AGED MAJOR R/AT JP NAGARA, ASGAVALLI GRAMA SAKLESHPURA, HASSAN DISTRICT – 573214. 14. MRS. SHILPA G R AGED MAJOR, W/O MALLIKARJUNA B S R/AT BANAVASI VILLAGE SAKLESHPURA, HASSAN DISTRICT – 573214. 15. MRS. SHANTA AGED MAJOR,W/O ANANDA R/AT OM NAGARA, CHIKKANAYAKANA HALLI SAKLESHPURA, HASSAN DISTRICT – 573214. 16. MRS. SHOBHA W/O DINESH ALVA, AGED MAJOR R/AT JP NAGAR, ASAGAVALLI VILLAGE SAKLESHPURA, HASSAN DISTRICT – 573214. 17. MR. SWAMI HM AGED MAJOR S/O MANJAPPA SHETTY R/AT BASAVESHWARA NAGAR, BANAVASI SAKLESHPURA, HASSAN DISTRICT – 573214. 18. MRS H K RATHNA AGED MAJOR, W/O SHIAVANNA HR R/AT ARASUNAGARA, CHIKKANAYAKANAHALLI SAKLESHPURA HASSAN DISTRICT - 573214 …RESPONDENTS (BY SRI.
BOPANNA BELLIAPPA., AGA FOR R-1 & R-2;
R-3, R-4 AND R-9 ARE SERVED AND UNREPRESENTED;
SRI. K.MURTHY., ADVOCATE FOR R-5, R-6, R-7, R-8, R-10, R-11 TO R-18)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO
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NC: 2025:KHC:1800 WP No. 31936 of 2024
QUASH THE NOTICE DATED:26.11.2024 BEARING CHUNAVANE.76/2024-25 ISSUED BY ASSISTANT COMMISSIONER SAKLESHPURA/R-2 CONVENING MEETING OF NO CONFIDENCE MOTION AGAINST PETITIONER / PRESIDENT OF BALLUPET GRAMA PANCHAYAT/ R-3 ON 02.12.2024 VIDE ANNEXURE-B, 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. This writ petition is filed seeking for quashing of notice dated 26.11.2024 as at Annexure ‘B’ by which the Assistant Commissioner has convened a special meeting to consider the motion of no confidence moved against the petitioner. 2. A memo is filed by the learned counsel for respondent Nos.5 to 8, 10, 12 to 18, who have moved the motion of no confidence, in which they have stated as follows:
“MEMO The undersigned counsel for the respondent Nos.5 to 8, 10, 12 to 18 prays to allow the writ petition and prays to
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NC: 2025:KHC:1800 WP No. 31936 of 2024
remand the matter to the 2nd respondent to consider the same afresh in accordance with law. Since, no purpose would serve in keep pending the matter, as the matter pertains to convening meeting of no confidence of motion for election for the post of Adhyaksha of 3rd Respondent Panchayat.”
3.
In view of the fact that the members, who had moved the motion of no confidence, have stated that the writ petition be allowed and the matter be remitted to respondent No.2 to consider the same afresh in accordance with law, the impugned notice as at Annexure ‘B’ is quashed and liberty is reserved to the members of the Panchayat to move a motion of no confidence afresh. 4. The writ petition is accordingly disposed of. SD/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 3