- 1 - NC: 2025:KHC:11730 WP No. 34028 of 2024 C/W WP No. 5589 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34028 OF 2024 (LB-RES) C/W WRIT PETITION NO. 5589 OF 2025 (LB-RES) IN W.P. No. 34028/2024 BETWEEN: 1. MISS RUKMINI H N D/O NANJANAIK AGED ABOUT 34 YEARS R/AT HIRIKYTHANAHALLLI VILLAGE GAVADAGERE HOBLI HUNSUR TALUK MYSURU DISTSRICT - 571 134. … PETITIONER (BY SRI. SOMASEKHARA K H., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ VIDHANA SOUDHA DR AMBEDKAR VEEDHI, BENGALURU BY ITS PRINCIPAL SECRETARY 2. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11730 WP No. 34028 of 2024 C/W WP No. 5589 of 2025 HUNSUR SUB-DIVISION HUNSUR - 571 105. 3. 4. 5. 6. 7. 8. THE PANCHAYAT DEVELOPMENT OFFICER (PDO) HIRIKYATHANAHALLI GRAMA PANCHAYAT HUNSUR TALUK - 571 134. KALAVATHI W/O KUMARA AGED ABOUT 45 YEARS KUMARI W/O SEENAIAH AGED ABOUT 45 YEARS KUCHELEGOWDA S/O LATE UJJANIGOWDA AGED ABOUT 51 YEARS ALL ARE R/AT SEERENAHALLI VILLAGE GAVADAGERE HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 134. SOORANAIKA S/O THAMMANAIKA AGED ABOUT 40 YEARS ABHI W/O MANJU AGED ABOUT 35 YEARS - 3 - NC: 2025:KHC:11730 WP No. 34028 of 2024 C/W WP No. 5589 of 2025 9. 10. 11. 12. 13. 14. SAMMASHETTY S/O LATE MOLLASHETTY AGED ABOUT 70 YEARS SUJATHA W/O SATHISHA H.K. AGED ABOUT 40 YEARS RESPONDENTS NO.4 TO 7 RESIDING AT HIRIKYTHANAHALLI VILLAGE GAVADAGERE HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 134. VATSALA W/O HARISH AGED ABOUT 38 YEARS R/AT MYSURU KAVAL VILLAGE GAVADAGERE HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 134. JANAKI W/O RAVI AGED ABOUT 38 YEARS MOHAMMED FAROOQ S/O RAFIQ AHAMED AGED ABOUT 30 YEARS MANIYAMMA W/O RAMESHA AGED ABOUT 32 YEARS - 4 - NC: 2025:KHC:11730 WP No. 34028 of 2024 C/W WP No. 5589 of 2025 15. RESPONDENTS NO.9 TO 11 RESIDING AT MARURU VILLAGE GAVADAGERE HOBLI, HUNSUR TALUK MYSORE DISTRICT - 571 134. BEEREGOWDA S/O LATE JAVAREGOWDA AGED ABOUT 60 YEARS RESIDING AT KEREGALU KOPPALU VILLAGE GAVADAGERE HOBLI, HUNSUR TALUK MYSORE DISTRICT - 571 134. … RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI MOHAN KUMAR H.G., ADVOCATE FOR R4 TO R15) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND QUASH THE NOTICE DTD. 29.11.2024 ISSUED BY THE R-2 IN NO. ELN(GRAMAP)96/2024-25 FIXING THE DATE FOR MOVING NO CONFIDENCE MOTION AGAINST THE ADHYAKSHA HIRIKYTHANAHALLI GRAMA PANCHAYT ON 17.12.2024 AT HIRIKYTHANAHALLI GRAMA PANCHAYATH OFFICE VIDE ANNEXURE-A AND ETC. IN W.P. NO. 5589/2025 BETWEEN: 1. MISS RUKMINI H N D/O NANJANAIK, AGED ABOUT 34 YEARS, R/AT HIRIKYTHANAHALLI VILLAGE, GAVADAGERE HOBLI, - 5 - NC: 2025:KHC:11730 WP No. 34028 of 2024 C/W WP No. 5589 of 2025 HUNSUR TALUK, MYSURU DISTRICT-571 134. ... PETITIONER (BY SRI. SOMASEKHARA K H., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, VIDHANA SOUDHA, DR.AMBEDKAR VEEDI, BENGALURU-560 001. BY ITS PRINCIPAL SECRETARY 2. THE ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION, HUNSUR-571 105. 3. 4. 5. 6. THE PANCHAYAT DEVELOPMENT OFFICER (PDO) HIRIKYTHANAHALLI GRAMA PANCHAYAT HUNSUR TALUK - 571 134. KALAVATHI W/O KUMARA AGED ABOUT 45 YEARS KUMARI W/O SEENAIAH AGED ABOUT 45 YEARS KUCHELEGOWDA S/O LATE UJJANIGOWDA AGED ABOUT 51 YEARS - 6 - NC: 2025:KHC:11730 WP No. 34028 of 2024 C/W WP No. 5589 of 2025 7. 8. 9. 10. 11. ALL ARE R/AT SEERENAHALLI VILLAGE GAVADAGERE HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 134. SOORANAIKA S/O THAMMANAIKA AGED ABOUT 40 YEARS ABHI W/O MANJU AGED ABOUT 35 YEARS SAMMASHETTY S/O LATE MOLLASHETTY AGED ABOUT 70 YEARS SUJATHA W/O SATHISHA H.K. AGED ABOUT 40 YEARS RESPONDENTS NO.4 TO 7 RESIDING AT HIRIKYTHANAHALLI VILLAGE GAVADAGERE HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 134. VATSALA W/O HARISH AGED ABOUT 38 YEARS R/AT MYSURU KAVAL VILLAGE GAVADAGERE HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 134. - 7 - NC: 2025:KHC:11730 WP No. 34028 of 2024 C/W WP No. 5589 of 2025 12. 13. 14. 15. JANAKI W/O RAVI AGED ABOUT 38 YEARS MOHAMMED FAROOQ S/O RAFIQ AHAMED AGED ABOUT 30 YEARS MANIYAMMA W/O RAMESHA AGED ABOUT 32 YEARS RESPONDENTS NO.9 TO 11 RESIDING AT MARURU VILLAGE GAVADAGERE HOBLI, HUNSUR TALUK MYSORE DISTRICT - 571 134. BEEREGOWDA S/O LATE JAVAREGOWDA AGED ABOUT 60 YEARS RESIDING AT KEREGALU KOPPALU VILLAGE GAVADAGERE HOBLI, HUNSUR TALUK MYSORE DISTRICT - 571 134. ... RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI B.J. SOMAYAJI, ADVOCATE FOR R3; SRI MOHAN KUMAR H.G., ADVOCATE FOR R4 TO R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND QUASH THE NOTICE DTD. 10.02.2025 - 8 - NC: 2025:KHC:11730 WP No. 34028 of 2024 C/W WP No. 5589 of 2025 ISSUED BY THE R-2 IN NO. ELN(GRAMAP)96/2024-25 FIXING THE DATE FOR MOVING NO CONFIDENCE MOTION AGAINST THE ADHYAKSHA ON 28.02.2025 AT HIRIKYTHANAHALLI GRAMA PANCHAYATH OFFICE VIDE ANNEXURE-A AND ETC. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER I.A.-1/2025 filed by the impleading applicants to come on record as respondent no.4 to 15 is allowed and the applicants are permitted to come on record. Necessary amendment to be carried out to the cause title. 2. Memo filed on behalf of the proposed respondent nos.4 to 15 reads as follows: MEMO FILED ON BEHALF OF THE PROPOSED RESPONDENTS ΝΟ.4 ΤΟ 15 "The Undersigned counsel appearing on behalf of the proposed respondents in both writ petitions upon instruction most respectfully submits as under: 1. That, the proposed respondents are the members of Gram Panchayath who constitute 2/3 strength of the existing members Gram Panchayath Hirikyathanahalli Grama panchayath, Hunsur Taluk, Mysuru District and also are the Signatories to - 9 - NC: 2025:KHC:11730 WP No. 34028 of 2024 C/W WP No. 5589 of 2025 Notice in Form No-I dated 13-11-2024 for holding No-Confidence Motion against the Petitioner to the 2nd Respondent Assistant Commissioner Hunsur, the Same was challenged by the Petitioner in W.P. No. 34028/2024 on ground that it suffers alleged legal infractions same. 2. That, the proposed respondents are the members of Gram Panchayath who constitute 2/3 strength of the existing members Grama Panchayath Hirikyathanahalli Gram Panchayath, Hunsur Taluk, Mysuru District and also are the Signatories to Notice in Form No-I dated 07-02-2025 for holding No-Confidence Motion against the Petitioner to the 2nd Respondent Assistant Commissioner Hunsur, the Same was challenged by the Petitioner in W.P. No. 5589/2025 on ground that it suffers alleged legal infractions same. 3. The undersigned upon counsel instructions proposed Respondent No. 4 to 15 submits that, to avoid technical and legal glitches do hereby not- press: a. Notice in Form No-I dated 13-11-2024 for holding No-Confidence Motion against the Petitioner. b. Notice in Form No-I dated 07-02-2025 for holding No-Confidence Motion against the Petitioner. Further Liberty be reserved to the Proposed Respondent/Member of Gram Panchayath to initiate afresh action for moving of 'Motion of No- Confidence' against the Petitioner. 4. Hence, in view of this memo filed by proposed respondents No. 4 to 15 be taken on record and the W.P. No. 34028/2024 and W.P. No.5589/2025 as redundant/infructuous as northing would survives for consideration." - 10 - NC: 2025:KHC:11730 WP No. 34028 of 2024 C/W WP No. 5589 of 2025 3. In light of the memo, petitions are disposed off as not calling for any adjudication as regards the stand of the members, as they do not intend to press motion for 'No Confidence' in both the matters. 4. Needless to state, in light of the said stand, respondents are at liberty to initiate action for moving of motion of 'No Confidence' if they are so advised as per law. 5. Consequent to the stand of the proposed respondents, the order of motion of 'No Confidence' passed on 28.02.2025 is set aside. 6. Accordingly, the petitions are disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP