- 1 - NC: 2025:KHC:2385 WP No. 35324 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35324 OF 2024 (LB-RES) BETWEEN: 1. MS. GOWTHAMI B D/O LATE BALEGOWDA B K AGED 36 YEARS R/A BALEGOWDANAPALYA KOTHAGERE HOBLI, KUNIGAL TUMKUR – 572130 …PETITIONER (BY SRI. VENKATESH SOMAREDDI., ADVOCATE(VC)) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ REPRESENTED BY PRINCIPAL SECRETARY, M.S.BUILDING, 3RD FLOOR, 3RD GATE, BENGALURU KARNATAKA - 560001. 2. ASSISTANT COMMISSIONER FIRST FLOOR, MINIVIDHANA SOUDHA, TUMKUR - 572101. 3. KOTHAGERE GRAM PANCHAYAT REPRESENTED BY PANCHAYAT DEVELOPMENT OFFICER KUNIGAL TALUK, TUMKUR - 572130. 4. SMT. CHIKKATAYAMMA AGED MAJOR W/O KRISHNAPPA L KOTTAGERE PALYA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2385 WP No. 35324 of 2024 KOTTEGERE POST KUNIGAL TUMKURU - 572130. 5. SMT. HANUMAMMA AGED MAJOR, W/O CHENNAPPA KOTTAGERE PALYA KOTTEGERE POST KUNIGAL TUMKURU - 572130. 6. SHRI CHELUVAMURTHY AGED MAJOR S/O CHALUVAYYA KODIHALLI PALYA BHAKTRAHALLI POST KUNIGAL TUMUKURU - 572130. 7. SRI. SRI MURTHY S/O LATE MUDALAGIRAYYA AGED MAJOR HOSAHALLI KOTTEGERE POST KUNIGAL TUMUKURU - 572 130 8. SRI RAJIV S/O RANGASWAMAYYA AGED MAJOR MESTRIRAMANNANAPALYA HOSAHALLI KUNIGAL TUMUKURU - 572130. 9. SRI PARAMESH AGED MAJOR S/O LATE LINGAPPA MAAVINAKATTEPALYA KUNIGAL TUMUKURU - 572130. 10. SMT. SAROJAMMA W/O LATE HUCHAPPA AGED MAJOR KODIHALLIPALYA BHAKTARAHALLI POST KUNIGAL TUMUKURU - 572130. - 3 - NC: 2025:KHC:2385 WP No. 35324 of 2024 11. SRI MOHAN KUMAR S/O NARAYANAPPA AGED MAJOR KOTHAGERE KOTHAGERE POST KUNIGAL TUMUKURU - 572130. 12. SMT. JYOTHI W/O RAVI AGED MAJOR KOTHAGERE, KOTHAGERE POST KUNIGAL TUMUKURU - 572130. 13. SMT. APNA KHAN W/O ARIF ULLA KHAN AGED MAJOR KOTHAGERE KOTHAGERE POST KUNIGAL TUMUKURU - 572130. 14. SMT. SUJATHA W/O LATE NARAYANA AGED MAJOR NEELATHAHALLI, BIDANAGERE POST KUNIGAL TUMUKURU - 572130. 15. SRI N N CHINNIGAPPA S/O LATE NANJAPPA, AGED MAJOR NEELATHAHALLI, BIDANAGERE POST KUNIGAL TUMUKURU - 572130. 16. SRI PUTTASIDDAMMA W/O SHIVANNA N, AGED MAJOR NEELATHAHALLI BIDANAGERE POST KUNIGAL TUMUKURU - 572130. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP., FOR R-1 & R-2; SRI. V.RAJAIAH., ADVOCATE FOR R-4 TO 6, 8 TO 12 AND R-15 AND R-16) - 4 - NC: 2025:KHC:2385 WP No. 35324 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE NOTICE DTD. 17.12.2024 BEARING NO. ELN.CR.48/2024-25 ISSUED BY ASSISTANT COMMISSIONER TUMKUR / R-2 CONVENING MEETING OF NO CONFIDENCE MOTION AGAINST PETITIONER / PRESIDENT OF KOTHAGERE GRAMA PANCHAYAT/R-3 ON 31.12.2024 VIDE ANNX-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. This Writ Petition is filed challenging the notice convening a special meeting on 31.12.2024 to consider the motion of no-confidence moved by the members of the Gram Panchayath. 2. The challenge to the said notice is that the requisition for moving the motion was made on 03.12.2024 and the Assistant Commissioner issued a notice dated 17.12.2024 fixing the special meeting to be convened on 31.12.2024 and there was thus no clear 15 days, as required under the Rules. 3. Since Annexure-A notice indicates that it was issued on 17.12.2024, it is clear that the special meeting - 5 - NC: 2025:KHC:2385 WP No. 35324 of 2024 convened on 31.12.2024 was being convened within 14 days and thereby violating the Rules. Consequently, the notice dated 17.12.2024 convening the special meeting on 31.12.2024 cannot be sustained and is quashed. 4. Liberty is, however, reserved to the members to move a fresh motion of no-confidence and if such a motion is made, the Assistant Commissioner shall act in accordance with law. Writ Petition is, accordingly, allowed. 5. 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.: 33