- 1 - NC: 2025:KHC:75 WP No. 35873 of 2024 C/W WP No. 30413 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35873 OF 2024 (LB-RES) C/W WRIT PETITION NO. 30413 OF 2024 (LB-RES) IN WP No. 35873/2024: BETWEEN: 1. SRI MANJULA H W/O A MANJUNATHA, AGED 35 YEARS 2. PUSHPAVATHI W/O SHIVANNA AGED ABOUT 38 YEARS 3. SMT. S SHYLAJA W/O P A SRINIVASA MURTHY AGED ABOUT 44 YEARS 4. T SWATHI W/O KRISHNAPPA, AGED ABOUT 36 YEARS 5. SRI. P H RAGHU S/O G HANUMANTHAPPA AGED ABOUT 42 YEARS 6. SMT. NAGAMMA W/O PATHALINGAPPA AGED ABOUT 45 YEARS 7. SMT. JYOTHI R Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:75 WP No. 35873 of 2024 C/W WP No. 30413 of 2024 W/O ANANDA KUMAR T, AGED ABOUT 37 YEARS 8. SMT. RAMANJINAMMA W/O NARAYANAPPA AGED ABOUT 52 YEARS 9. SRI K O SUBBAPPA S/O OBAIAH AGED ABOUT 44 YEARS 10. SMT. PARVATHI W/O RAVI, AGED ABOUT 34 YEARS 11. SRI RAMANJANEYA S/O ANJINAPPA AGED ABOUT 53 YEARS, 12. SRI. H CHANNA REDDY S/O HC HANUMANTHARAYAPPA AGED ABOUT 52 YEARS 13. SRI. UGRA NARASIMHAPPA S/O KARIYANNA AGED ABOUT 71 YEARS. ALL THE PETITIONERS ARE ELECTED MEMBERS OF POTHAGANAHALLI GRAMA PANCHAYATH Y N HOSKOTE HOBLI, PAVGADA TALUK, TUMKUR DISTRICT-572141 …PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY RURAL DEVELOPMENT AND PANCHAYATHRAJ DEPARTMENT VIDHANASOUDHA BENGALURU-560001. - 3 - NC: 2025:KHC:75 WP No. 35873 of 2024 C/W WP No. 30413 of 2024 2. ASSISTANT COMMISSIONER MADHUGIRI SUB DIVISION MADHUGIRI, TUMKUR DISTICT-572132. 3. THE POTHAGANAHALLI GRAMA PANCHAYATH Y N HOSKOTE HOBLI REP. BY PANCHAYATH DEVELOPMENT OFFICER (PDO) PAVGADA TALUK TUMKUR DISTRICT-572141. 4. SMT ASHWINI M W/O ABHISHEK KUMAR D T AGED ABOUT 30 YEARS R/AT NO. 136, DALAVAYIHALLI VILLAGE Y N HOSKOTE HOBLI, PAVGADA TALUK TUMKUR DISTRICT-572141 …RESPONDENTS (BY SRI. RAHUL CARIYAPPA., AGA FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE NOTE DATED 23/12/2024 IN NO. NIL VIDE ANNEXURE-E MADE BY THE R4, ETC. IN WP NO. 30413/2024: BETWEEN: 1. SMT ASHWINI M W/O. ABHISHEK KUMAR D.T, AGED ABOUT 30 YEARS, R/AT NO.136, DALAVAYIHALLI VILLAGE, Y.N. HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT, KARNATAKA-572141. PRESENTLY WORKING AS PRESIDENT OF POTHAGANAHALLI GRAMA PANCHAYATHI, Y.N.HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT-572141. ...PETITIONER (BY SRI. NARASI REDDY G., ADVOCATE) - 4 - NC: 2025:KHC:75 WP No. 35873 of 2024 C/W WP No. 30413 of 2024 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001. 2. THE ASSISTANT COMMISSIONER MADHUGIRI SUB-DIVISION, MADHUGIRI, TUMKUR DISTRICT, KARNATAKA 572132. 3. THE POTHAGANAHALLI GRAMA PANCHAYATH REP BY ITS PANCHAYATH DEVELOPMENT OFFICER (PDO), Y.N. HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKUR DIST-572141. ...RESPONDENTS (BY SRI. RAHUL CARIYAPPA., AGA FOR R-1 & R-2; SRI. A.NAGARAJAPPA., ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO. ELECTION C.R 43/2024- 25 DATED 25.10.2024 ISSUED BY THE R-2 ASSISTANT COMMISSIONER, MADHUGIRI SUB-DIVISION, MADHUGIRI AS PER ANNEXURE-A FOR NO CONFIDENCE MOTION MEETING AGAINST THE PETITIONER TO HELD ON 19.11.2024 AT 11.00 PM IN THE OFFICE OF POTHAGANAHALLI GRAMA PANCHAYITI, Y.N.HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKURU DISTRICT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 5 - NC: 2025:KHC:75 WP No. 35873 of 2024 C/W WP No. 30413 of 2024 ORAL ORDER 1. W.P. No.30413 of 2024 is filed challenging a motion of no-confidence which has been moved against the petitioner. 2. It is the case of the petitioner that she was elected on 13.07.2023 as the ‘Adhyaksha’, but she assumed office on 05.08.2023 and, therefore, for a period of five months from 05.08.2023 a motion of no- confidence could not be moved against her. 3. Reliance is sought to be placed on the Division Bench judgment of this Court rendered in W.A. No.1508/2023. 4. Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 reads as follows- “49. Motion of no-confidence against Adhyaksha or Upadhyaksha of Grama Panchayat.- (1) Every Adhyaksha or Upadhyaksha of Grama Panchayat shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of - 6 - NC: 2025:KHC:75 WP No. 35873 of 2024 C/W WP No. 30413 of 2024 not less than two thirds of the total number of members of the Grama Panchayat at a meeting specially convened for the purpose in accordance with the procedure as may be prescribed: Provided that no such resolution shall be moved unless notice of the resolution is signed by not less than one-half of the total number of members and at least ten days notice has been given of the intention to move the resolution: Provided further that no resolution expressing want of confidence against an Adhyaksha or Upadhyaksha, shall be moved within the first fifteen months from the date of his election: Provided also that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by a Grama Panchayat a similar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, within two years from the date of the decision of the Grama Panchayat.” 5. A plain reading of the proviso would indicate that the period of fifteen (15) months would commence from the date of an Adhyaksha’s election. - 7 - NC: 2025:KHC:75 WP No. 35873 of 2024 C/W WP No. 30413 of 2024 6. In this case, since the election was conducted on 13.07.2023, the period of fifteen (15) months would commence from that particular date, which would expire on 12.10.2024. 7. In other words, a no-confidence motion against the petitioner could have been moved only after 12.10.2024. It is noticed that the motion of no- confidence was moved against the petitioner on 23.10.2024 and a notice of this no-confidence was issued on 25.10.2024 as per Annexure-A. Thus, the motion of no-confidence has indeed been moved fifteen(15) months after the petitioner was elected. 8. However, learned counsel for the petitioner places strong reliance on paragraph 8 of the judgment rendered in W.A. No.1508/2023 which reads as follows – “In the instant case, the petitioner assumed the office on 7th March 2023 which will be the relevant date, namely “his - 8 - NC: 2025:KHC:75 WP No. 35873 of 2024 C/W WP No. 30413 of 2024 election” from which, the fifteen months shall be counted and within such fifteen months from the said date, the moving of no-confidence motion remain prohibited by virtue of operation of Second Proviso to Section 49 of the Karnataka Grama Swaraj and Panchayath Raj (Amendment) Act, 2021.” 9. It is to be stated here that in the above Writ Petition, the question that arose for consideration has been mentioned in the first paragraph which reads as follows – “Whether it applies in the case of a new President elected in the middle of the term of the Panchayat replacing the originally elected president to avail the new President immunity from facing no-confidence motion for first fifteen months from the date of ‘his election’.” 10. It is, therefore, clear that the Division Bench judgment had not considered the question as to whether the period of fifteen (15) months would commence from the date of the election or from the - 9 - NC: 2025:KHC:75 WP No. 35873 of 2024 C/W WP No. 30413 of 2024 from the date on which the Adhyaksha had assumed charge. 11. It may also be pertinent to state here that in the case which was being dealt with by the Division Bench, the election was indeed conducted on 07.03.2023 and the assumption of office was also on the same date. This becomes clear from the first sentence of para 8 which states the petitioner assumed the office on 07.03.2023 which is the relevant date, namely, ‘his election’ from which, the fifteen (15) months shall be counted. 12. It is, therefore, clear that even the Division Bench has accepted that the date of commencement would be the date of the election and not the date of the assumption of office, as contemplated in the second proviso of Section 49 of the Act. Thus, the reliance placed on the Division Bench ruling would be of no avail to the petitioner. - 10 - NC: 2025:KHC:75 WP No. 35873 of 2024 C/W WP No. 30413 of 2024 13. As already stated above, since the motion of no- confidence was moved fifteen(15) months after the petitioner was elected on 13.07.2023 i.e., on 23.10.2024, there is no illegality in the issuance of no-confidence motion. The Writ Petition is, therefore, dismissed. W.P. No.35873 of 2024 : 14. Learned counsel for the petitioner submits that in view of the order passed in W.P. No.30413 of 2024, the prayers made in W.P. No.35873 of 2024 do not survive for consideration. 15. The Writ Petition is, accordingly, dismissed as having become unnecessary. Sd/- (N S SANJAY GOWDA) JUDGE HNM, List No.: 1 Sl No.: 34