- 1 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 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. 34746 OF 2024 (LB-RES) C/W WRIT PETITION NO. 34359 OF 2024 (LB-RES) IN WP No. 34746/2024 BETWEEN: 1. MRS GAGANA W/O LATE NAGARAJU AGED ABOUT 31 YEARS PRESIDENT, KUDLURU GRAMA PANCHAYATH DODDARAYAPETE - 2 DODDARAYAPETE VILLAGE AND POST, KASABA HOBLI CHAMARAJANAGARA TALUK AND DISTRICT PIN 540 752 …PETITIONER (BY SRI. SANTOSH B M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M. S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA - 571 313 3. THE ASSISTANT COMMISSIONER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 of 2024 KOLLEGALA SUB-DIVISION KOLLEGALA-571 440 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA - 571 313 5. THE EXECUTIVE OFFICER TALUK PANCHAYATH CHAMARAJANAGARA TALUK CHAMARAJANAGARA - 571 313 6. THE PANCHAYATH DEVELOPMENT OFFICER KUDLURU GRAMA PANCHAYATH KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 7. SMT. JYOTHI W/O NAGARAJU AGED ABOUT 35 YEARS. KUDLURU GRAMA PANCHAYATH MODDAALAMOLE GRAMA CHAMARANAHAGARA TALUK AND DISTRICT PIN 540752 8. SRI. MAHADEVASWAMY @ COLOUR S/O MAHADEVAIAH D.D AGED ABOUT 46 YEARS, KUDLURU GRAMA PANCHAYATH KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 9. SRI. GIRISH S/O LATE. MAHADEVASETTY AGED ABOUT 49 YEARS, KUDLURU GRAMA PANCHAYATH KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 - 3 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 of 2024 10. SRI. NARAYANASWAMY S/O LATE. SIDDASETTY AGED ABOUT 45 YEARS, KUDLURU GRAMA PANCHAYATH KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 11. SRI. M. K. CHANDRU S/O KRISHNASETTY AGED ABOUT 40 YEARS, KUDLURU GRAMA PANCHAYATH MOODALAMOLE GRAMA, CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 12. SRI. SIDDARAJU.P S/O PUTTASWAMYSETTY AGED ABOUT 49 YEARS, KUDLURU GRAMA PANCHAYATH KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 13. SMT. VINODHA W/O BASAVANNA AGED ABOUT 31 YEARS. KUDLURU GRAMA PANCHAYATH, KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 14. SMT. YOGESHWARI W/O MAHESHKUMAR H.P AGED ABOUT 34 YEARS. KUDLURU GRAMA PANCHAYATH KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 15. SMT. BASAMMANI W/O CHINNASWAMY - 4 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 of 2024 AGED ABOUT 42 YEARS, KUDLURU GRAMA PANCHAYATH KUDLURU VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 16. SMT. MANJULA W/O RACHAPPA AGED ABOUT 44 YEARS, KUDLURU GRAMA PANCHAYATH BOODITTU GRAMA CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 17. SMT. MAHESHWARI W/O RAVI AGED ABOUT 30 YEARS, KUDLURU GRAMA PANCHAYATH DODDARAYAPETE -1 CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 18. SRI. MAHADEVASWAMY S/O LATE MALLAPPA AGED ABOUT 60 YEARS, KUDLURU GRAMA PANCHAYATH DODDARAYAPETE -1 CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 19. SRI. NAGENDRA S/O SIDDARAJEGOWDA AGED ABOUT 37 YEARS, KUDLURU GRAMA PANCHAYATH DODDARAYAPETE -1 CHAMARAJANAGARA TALUK AND DISTRICT PIN-540752 …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-1 TO R-3; SRI. ASHOK.N.NAYAK., ADVOCATE FOR R-6; SRI. A.NAGARAJAPPA., ADVOCATE FOR R-7 TO R-19) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE - 5 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 of 2024 NOTICE DTD. 10.12.2024 IN FORM -2 (RULE 3(2) ISSUED BY R-3 ASSISTANT COMMISSIONER, KOLLEGALA SUB-DIVISION IN CHUNAVANE.(A)CR/10/2024-25 AT ANNX-A AND ALL PROCEEDINGS THEREON, ETC. IN WP NO. 34359/2024 BETWEEN: 1. SMT. SAVITHRAMMA B .V. W/O. RANGASWAMI. M. K., AGED ABOUT 43 YEARS, PRESIDENT OF KEDARAMADU GRAM PANCHAYAT, R/AT MACHANAHALLI VILLAGE, KEDARAMADU POST, TUMKUR TALUK AND DISTRICT-572 104. 2. SMT. SYEDA RABIYA. B W/O. SYED APSAR PHASA KHADRI, AGED ABOUT 35 YEARS, VICE-PRESIDENT OF KEDARAMADU GRAM PANCHAYAT, R/AT MACHANAHALLI VILLAGE, KEDARAMADU POST, TUMKUR TALUK AND DISTRICT-572 104. ...PETITIONERS (BY SRI. SHIVAKUMAR N., ADVOCATE) AND: 1. STATE OF KARNATAKA PANCHAYATH RAJ AND RURAL DEVELOPMENT DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION, 1ST FLOOR, MINI VIDHANA SOUDHA, TUMKUR-572 101. - 6 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 of 2024 3. KESARAMADU GRAM PANCHAYATH KESARAMADU VILLAGE, TUMKUR TALUK AND DISTRICT-572 101. REPRESENTED BY ITS SECRETARY. 4. PANCHAYAT DEVELOPMENT OFFICER KESARAMADU GRAMA PANCHAYATH, TUMKUR TALUK AND DISTRICT-572 101. 5. SRI. SAMPATH KUMAR. B. H. S/O. HANUMANTHARAYAPPA, AGED ABOUT 44 YEARS, R/AT BOMMANAHALLI, KESARAMADU POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. 6. SMT. ASHA. B. M. W/O. SRIDHARA, AGED ABOUT 40 YEARS, R/AT MACHANAHALLI, KESARAMADU POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. 7. SMT. RATHNAMMA W/O. LATE MARIYAPPA, AGED ABOUT 55 YEARS, R/AT BOMMANAHALLI, KESARAMADU POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. 8. SMT. KALAVATHI. K W/O. ESHANNA, AGED ABOUT 35 YEARS, R/AT MAJARE HASANPURA, KESARAMADU POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. 9. SMT. MANJULA. K W/O. MAREGOWDA, AGED ABOUT 49 YEARS, - 7 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 of 2024 R/AT BOMMANAHALLI, KESARAMADU POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. 10. SMT. SIDDAGANGAMMA W/O. THIMMAIAH, AGED ABOUT 55 YEARS, R/AT KESARAMADU VILLAGE AND POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. 11. SMT. RATHNAMMA W/O. EREGOWDA, AGED ABOUT 60 YEARS, R/AT SINGANAHALLI COLONY, HEREHALLI POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. 12. SMT. PUSHPALATHA W/O. NATARAJU, AGED ABOUT 30 YEARS, R/AT KALLAHALLI, KESARAMADU POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. 13. SMT. GOWRAMMA W/O. JAYANNA, AGED ABOUT 50 YEARS, R/AT CHEKKENAHALLI, KESARAMADU POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. 14. SRI. UMESHA. K. H. S/O. LATE HOSALAYYA, AGED ABOUT 49 YEARS, R/AT MAJARE HASANPURA, KESARAMADU POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. - 8 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 of 2024 15. SRI. SHANTHA KUMAR. K. S. S/O. LATE SIDDHABASAVAIAH, AGED ABOUT 56 YEARS, R/AT KESARAMADU VILLAGE AND POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. 16. SRI. K. MALLIKARJUNAIAH S/O. LATE KRISHNAPPA, AGED ABOUT 40 YEARS, R/AT KESARAMADU VILLAGE AND POST, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572 104, GRAM PANCHAYAT MEMBER. ...RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-1 & R-2) THIS W.P. IS FILED UNDER ATICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE NOTICE ISSUED BY THE R-2 DTD. 02.12.2024 BEARING NO. ELN.C.R.42/2024-25 VIDE ANNX-A AND A1, ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. W.P. No.34746/2024 is filed challenging the notice issued by the Assistant Commissioner convening a special meeting to consider a motion of no- confidence which was moved by the ten (10) members. - 9 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 of 2024 2. Learned counsel for the petitioner contends that Rule 3(1) of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short, ‘Rules’) contemplates that a copy of the proposed motion along with the requisition will have to be personally presented by two members to the Assistant Commissioner and the notice that is now produced indicates that it was endorsed by the Panchayat Development Officer (PDO) and, therefore, the notice stands vitiated. 3. In my view, this argument is without any substance. 4. It is not the case of the Assistant Commissioner that he has received this requisition from the PDO. The Assistant Commissioner, in the impugned notice, refers to the notice given by the members and that is stated to be the cause for convening a special meeting. Merely because a PDO has affixed the - 10 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 of 2024 signature to this requisition that would not vitiate the notice. 5. It is to be noticed here that what is important for the purpose of Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and Rules is that the requisite number of members must express their intention to keep the motion of no-confidence in the manner prescribed and so long as that intent is manifest in the requisition, a signature by the PDO in the said requisition would not vitiate the notice. 6. I am, therefore, of the view that there is no merit in the Writ Petition and the Writ Petition is, therefore, dismissed. 7. Since the meeting convened by the Assistant Commissioner was stayed by virtue of an interim order granted by this Court, it would be appropriate to direct the Assistant Commissioner to convene a - 11 - NC: 2025:KHC:2679 WP No. 34746 of 2024 C/W WP No. 34359 of 2024 special meeting within a period of two weeks from the date of receipt of a copy of this order. W.P. No.34357/2024 : 8. Learned counsel for the petitioner submits that this petition has become infructuous. 9. Recording the said submission, this Writ Petition is dismissed as having become infructuous. 10. 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.: 40