- 1 - NC: 2025:KHC:2654 WP No. 33928 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33928 OF 2024 (LB-RES) BETWEEN: DR. DEEPIKA LOKESH, W/O H. LOKESH, AGED ABOUT 35 YEARS, PRESIDENT OF BEGLIHOSALLI GRAMA PANCHAYAT, R/AT KALLANDUR VILLAGE, BEGLIHOSALLI POST, KOLAR TALUK AND DISTRICT-563 101. …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M.S. BUILDINGS, BENGALURU 560 001. 2. THE ASSISTANT COMMISSIONER, KOLAR DISTRICT, KOLAR-563 101 3. SRI. CHARANRAJ K.C. MAJOR, S/O NOT KNOWN TO PETITIONER. 4. SMT. VARALAKSHMI R MAJOR, W/O NOT KNOWN TO PETITIONER 5. SRI.S.NARAYANASWAMY MAJOR, S/O NOT KNOWN TO PETITIONER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2654 WP No. 33928 of 2024 6. SMT. BHAGYAMMA, MAJOR, W/O NOT KNOWN TO PETITIONER 7. SMT PARVATHAMMA MAJOR W/O NOT KNOWN PETITIONER 8. SMT. NARAYANAMMA MAJOR S/O NOT KNOWN PETITIONER 9. SRI R RAGHU MAJOR S/O NOT KNOWN PETITIONER 10. SMT. SARASWATHI K MAJOR W/O NOT KNOWN PETITIONER 11. SRI MANJUNATH K R MAJOR S/O NOT KNOWN PETITIONER 12. SRI M NAGESH MAJOR S/O NOT KNOWN PETITIONER 13. SMT LAKSHMIDEVAMMA MAJOR W/O NOT KNOWN PETITIONER 14. SRI SRINIVASAPPA MAJOR S/O NOT KNOWN PETITIONER CHOLAGHATTA VILLAGE 15. SMT. MANGALA C MAJOR W/O NOT KNOWN PETITIONER - 3 - NC: 2025:KHC:2654 WP No. 33928 of 2024 16. SRI SRINIVASAPPA KOTERI VILLAGE, MAJOR S/O NOT KNOWN PETITIONER 17. SMT. CHANDANA A V MAJOR S/O NOT KNOWN PETITIONER RESPONDENTS NO. 3 TO 17 ARE ALL MEMBER OF BEGLIHOSALLI GRAMA PANCHAYAT KOLAR TALUK KOLAR DIST 563 101. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1 & R2; SRI. VENKAT REDDY C M, ADVOCATE FOR R3 TO R17; SRI. M S DEVARAJU, ADVOCATE FOR R18) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS QUASH THE IMPUGNED NOTIFICATION BEARING NO. SUM.E.L.N.C.R.63/2024-25 DTD 04.12.2024 ISSUED BY R-2 - AC, KOLAR DISTRICT, KOLAR, VIDE ANNX-C ISSUED ON THE BASIS OF BALD ALLEGATION OF CORRUPTION AS PER THE COMPLAINT DTD 16.11.2024 VIDE ANNX-B AS ARBITRARY, ILLEGAL AND VOID AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 4 - NC: 2025:KHC:2654 WP No. 33928 of 2024 ORAL ORDER 1. In this Writ Petition, a challenge is made to Annexure-C by which the Assistant Commissioner has convened a special meeting to consider the motion of no-confidence moved by 15 members. 2. It is seen from Annexure-B that 15 out of the 17 members of the Gram Panchayat expressed their intention to move a no-confidence motion against the petitioner and consequently requested the Assistant Commissioner to convene a special meeting, as required under the Rules. 3. The Assistant Commissioner, taking note of the said requisition, has proceeded to convene a meeting. 4. Learned counsel for the petitioner submits that these proceedings are illegal since there must be a resolution for moving a motion of no-confidence. It is to be stated here that the notice that is given by the members is to convene a meeting to consider - 5 - NC: 2025:KHC:2654 WP No. 33928 of 2024 whether a no-confidence motion is to be passed or not. However, the notice itself has been stayed by this Court and, therefore, the question of the members moving the motion of no-confidence would not arise. Another argument is advanced that allegations are made in the notice regarding the integrity of the petitioner and whenever such an allegation is made, an inquiry is a must. 5. It is to be noticed here that the members have a right to seek for expressing their motion of no- confidence and they are required to move this motion only as per the Rules by submitting a requisition to the Assistant Commissioner of their intention to move such a motion and if such a motion is being made and if it complies with the Rules, i.e., if it contains the signature of more than half of the members, the Assistant Commissioner is bound to convene a meeting granting 10 clear days notice to all the members. Merely because allegations are - 6 - NC: 2025:KHC:2654 WP No. 33928 of 2024 made that would not vitiate the notice moved by the members since they are only seeking for convening a meeting. 6. It is to be noticed here that as per Rule 3(7) of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, the panchayat should only consider the motion of no- confidence without hearing any debate. Therefore, it is clear that merely because an allegation is made, an automatic stigma will not be attached to the allegations stated in the memo. The reasons given therein would merely be the cause for which the members intend to move a motion of no-confidence and this would not by itself require the holding of an inquiry nor can it be inferred that the allegations are true or would attract a stigma on the Adhyaksha. 7. It is to be clarified here that only if the Government wants to remove an ‘Adyaksha’ or a member due to - 7 - NC: 2025:KHC:2654 WP No. 33928 of 2024 an irregularity, an inquiry is contemplated and no such inquiry is envisaged for moving a motion of no- confidence. I am, therefore, of the view that there is no merit in the Writ Petition and Writ Petition is, therefore, dismissed. 8. Since the special meeting convened was stayed by this Court, it would be appropriate to direct the Assistant Commissioner to convene a special meeting within a period of two weeks from today and ensure that the motion of no-confidence is considered. 9. 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.: 39