- 1 - NC: 2025:KHC:4531 WP No. 35255 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35255 OF 2024 (LB-RES) BETWEEN: 1. SMT VEENA T, AGED ABOUT 32 YEARS, W/O KUMARA SWAMY R PRESIDENT THIPPASNADRA GRAMA PANCHAYAT, RASTE PALY VILLAGE, TALEKERE DHAKALE, BAGINAGERE POST, MAGADI TALUK, RAMANAGARA DISTRICT 562 131 …PETITIONER (BY SRI. ANDANAPPA GURAPPA BALLOLLI., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEAPARTMENT, DEPARTMENT OF PANCHAYATH RAJ, AND RURAL DEVELOPMENT, DR. B R AMBEDKAR VEEDHI, M.S BUILDING, BANGALORE 560 001 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION, RAMANGAR TALUK ADMINISTRATIVE OFFICE, Ist FLOOR, B M ROAD, RAMANAGARA. 3. THE THIPPASANDRA GRAM PANCHAYATH REPRESENTED BY PANCHYATH DEVELOPMENT OFFICER THIPPASANDRA VILLAGE, MAGADI TALUQ RAMANAGAR DIST 4. JAYAMMA AGED ABOUT 65 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4531 WP No. 35255 of 2024 W/O LATE NAGARAJU, MEMBER OF GRAMA PANCHAYATH TIPPASANDRA POST, TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGAR. 5. GANGAMMA, AGED ABOUT 60 YEARS, W/O LATE RANGASWAMY MEMBER OF GRAMA PANCHAYATH THIGARALA PALYA, TIPPASANDR POST, TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. 6. GANGADHAR.T.B., AGED ABOUT 40 YEARS, S/O G.BETTAYA, MEMBER OF GRAMA PANCHAYATH TALAKERE DODDAMUDEGERE POST, TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. 7. PRAKASH, AGED ABOUT 50 YEARS, S/O NAGAACHAR, MEMBER OF GRAMA PANCHAYATH, TIPPASANDRA TIPPASANDRA POST, TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. 8. RAGHU, AGED ABOUT 42 YEARS, S/O VENKATARAMANNA SHETTY, MEMER OF GRAMA PANCHAYATH TIPPASANDRA TIPPASANDRA POST, TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. 9. RATHANAMMA, AGED ABOUT 60 YEARS, W/O JAYARAMMAYAH, MEMBER OF GRAMA PANCHAYATH, RASTHE PALYA BAGINGERI POST THIGARALA PALYA, TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. 10. RAMESH.J.S., AGED ABOUT 55 YEARS, S/O LATE NARAYANAPPA., - 3 - NC: 2025:KHC:4531 WP No. 35255 of 2024 MEMBER OF GRAMA PANCHAYATH, GUDDAGOWRAPALYA, BAGINGERI POST, TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. 11. RAJU., AGED ABOUT 55 YEARS, S/O LATE YALLALLAKAYA, MEMBER OF GRAMA PANCHAYATH, BAGINGERI, BAGINGERI POST, TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. 12. RAJESH.B., AGED ABOUT 44 YEARS, S/O BETTAYA, MEMBER OF GRAMA PANCHAYATH, GIGAGULUR SANKIGATTA POST, TIPPESANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. 13. VENKATALAKSHAMMA, AGED ABOUT 60 YEARS, W/O YERAYANNA, MEMBER OF GRAMA PANCHAYATH, BAGINGERI POST, TIPPESANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. 14. SWARASWATHAMMA K.H., AGED ABOUT 40 YEARS, W/O MANJUNATHP.D., MEMBER OF GRAMA PANCHAYATH, PALAYADHAHALLI BISKUR POST, TIPPESANDRA HOBLI, MAGADI TALUK, RAMANGAR DISTRICT. 15. HUCAHE GOWDA, AGED ABOUT 55 YEARS, S/O DASEGOWDA, MEMBER OF GRAMA PANCHAYATH, ANNESHASTRE PALYA, TIPPESANDRA POST, TIPPESANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1 & R-2; - 4 - NC: 2025:KHC:4531 WP No. 35255 of 2024 SRI. CHANDRASHEKAR.L., ADVOCATE FOR R-4 TO R-15) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE IMPUGNED NOTIFICATION BEARING NO. ELN/CR.04/2024-25 DATED 19/12/2024 FORM-2 ISSUED BY THE R2 AND MARKED AS ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. As per Annexure-D, a requisition was given by ten members to the Assistant Commissioner intimating that they intended to move a motion of No- confidence and, on receipt of this requisition, the Assistant Commissioner has issued a notice on 19.12.2024 to the effect that a special meeting would be convened on 07.01.2025. 2. The petitioner is before this Court challenging this notice on the ground that 15 days’ clear notice is not given to her about the proposed meeting. According to the petitioner, the petitioner was served with this - 5 - NC: 2025:KHC:4531 WP No. 35255 of 2024 notice on 24.12.2024 and 15 days from that day would have to be completed. 3. It is stated here that this Writ Petition was filed on 23.12.2024 i.e., even before the notice is alleged to have been served on the petitioner. 4. Be that as it may, Rule 3(2) of the Karnataka Panchayat Raj (Motion of No- Confidence against Adhyaksha an Upadhyaksha of Gram Panchayat) Rules, 1994 only contemplates a 15 days’ clear notice from the date of the notice and not from the date of the service of notice on the members. 5. I am, therefore, of the view that there is no infirmity in the notice issued by the Assistant Commissioner and the Writ Petition is, therefore, dismissed. 6. Since the meeting which was to be convened on 07.01.2025 has been adjourned because of the interim order granted in this Writ Petition, the Assistant Commissioner is directed to ensure that the - 6 - NC: 2025:KHC:4531 WP No. 35255 of 2024 special meeting is convened on 10.02.2025 at 11.00 a.m. 7. Since the petitioner and all the other members who had moved the motion are present, no fresh notice is necessary for them. If there are, however, other members, notices may be served on them. 8. 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.: 28