- 1 - NC: 2025:KHC:1662 WP No. 34312 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. 34312 OF 2024 (LB-RES) BETWEEN: 1. MANJAMMA W/O SHIVAPPA, AGED ABOUT 45 YEARS, R/AT HARAGAVALI, SANDA, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. ASHOK K L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND PANCHAYATRAJ DEPARTMENT, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER SIR M.V. ROAD, SAVALANGA ROAD, SHIMOGA DISTRICT, SHIMOGA 577 204. 3. THE ASSISTANT COMMISSIONER SAGARA SUB-DIVISION, SAGARA, SHIVMOGA DISTRICT-577 401. 4. SRI PRADEEP A S S/O SATYANARAYANA AGED ABOUT 30 YEARS VICE PRESIDENT OF Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1662 WP No. 34312 of 2024 AMATEKOPPA GRAMA PANCHAYAT AMATEKOPPA, SHIKARIPURA TALUK SHIVAMOGGA-DISTRICT. 5. SMT. SHILPA W/O CHANDRAPPA AGED ABOUT 37 YEARS MEMBER OF AMATEKOPPA GRAMA PANCHAYAT AMATEKOPPA, SHIKARIPURA TALUK SHIMOGGA-DISTRICT. 6. SRI. MANJUNATHA K H S/O SRI. HANUMATHAPPA AGED ABOUT 42 YEARS MEMBER OF AMATEKOPPA GRAMA PANCHAYAT AMATEKOPPA, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT. 7. SRI. CHOWDAPPA S/O DYAPPA AGED ABOUT 55 YEARS MEMBER OF AMATEKOPPA GRAMA PANCHAYAT AMATEKOPPA, SHIKARIPURA TALUK SHIVAMOGGA-DISTRICT. 8. SRI. RAJAPPA S/O HANUMANTHAPPA AGED ABOUT 45 YEARS MEMBER OF AMATEKOPPA GRAMA PANCHAYAT AMATEKOPPA, SHIKARIPURA TALUK SHIVAMOGGA-DISTRICT. 9. SMT. MAMATHA W/O SRI. KUMAR AGED ABOUT 35 YEARS MEMBER OF AMATEKOPPA GRAMA PANCHAYAT AMATEKOPPA, SHIKARIPURA TALUK SHIVAMOGGA-DISTRICT. 10. SMT. SUDHA C R W/O SRI PRABHU AGED ABOUT 35 YEARS - 3 - NC: 2025:KHC:1662 WP No. 34312 of 2024 MEMBER OF AMATEKOPPA GRAMA PANCHAYAT AMATEKOPPA, SHIKARIPURA TALUK SHIVAMOGGA-DISTRICT. 11. SMT. MANJULA W/O SRI. SIDDAPPA AGED ABOUT 36 YEARS MEMBER OF AMATEKOPPA GRAMA PANCHAYAT AMATEKOPPA, SHIKARIPURA TALUK SHIVAMOGGA-DISTRICT. 12. SMT. GANGAMMA W/O SRI. PARASAPPA AGED ABOUT 42 YEARS MEMBER OF AMATEKOPPA GRAMA PANCHAYAT AMATEKOPPA, SHIKARIPURA TALUK SHIVAMOGGA-DISTRICT. (R4 TO R12 ARE IMPLEADED VIDE COURT ORDER DATED 16.01.2025) …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 TO R3; SRI. M PRAKASH, ADVOCATE FOR R4 TO R12) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH BY ISSUANCE OF CERTIORARI THE IMPUGNED NOTICE BEARING No.ELN(AAVISHWASA) ViVa:04/2024-25 DATED 02.12.2024 VIDE ANNEXURE-B AND THE NOTICE BEARING NO.ELN(AAVISHWASA) VIVA-04/2024-25 DATED 06.12.2024 VIDE ANNEXURE-C AS ILLEGAL, ARBITRARY AND UNSUSTAINABLE IN THE EYE OF LAW. 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:1662 WP No. 34312 of 2024 ORAL ORDER 1. The petition is filed challenging Annexures-B and C. 2. Annexures-B and C are notices issued by the Assistant Commissioner convening a special meeting to consider the motion of no-confidence. 3. A perusal of these two notices indicate that, in respect of one requisition for moving a motion of no- confidence, two notices have been issued and the petitioner is, therefore, before this Court. 4. Learned Additional Government Advocate submits that it was incorrect on the part of the Assistant Commissioner to issue two notices, the first one being on 02.12.2024 and the second one being on 06.12.2024. He submitted that Assistant Commissioner would issue a fresh notice convening a special meeting, as required in law and the members can participate in the said meeting. - 5 - NC: 2025:KHC:1662 WP No. 34312 of 2024 5. Consequently, Annexures-B and C are quashed reserving liberty to the Assistant Commissioner to issue a fresh notice of the special meeting, on the basis of the requisition given by the members dated 02.12.2024. This Writ Petition is, accordingly, allowed. 6. The Assistant Commissioner is directed to issue a special notice convening the special meeting within a period of two months from the date of receipt of a copy of this order. 7. 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.: 20