- 1 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100910 OF 2025 (LB-RES) BETWEEN: SMT. MAHANAND W/O. SIDDAPPA MELGERI, AGE: 40 YEARS, PRESIDENT OF THE GALAGI GRAMA PANCHAYATH, RESIDENT OF GALAGI GRAM PANCHAYAT, TALUK: KALAGHATGI, POST: HULKOPPA, DISTRICT: DHARWAD-580118. …PETITIONER (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, VIKAS SOUDHA, BANGALORE-01. 2. THE ASSISTANT COMMISSIONER, DHARWAD, DISTRICT: DHARWAD-580 001. 3. THE SPECIFIC OFFICER AND TALUKA EXECUTIVE OFFICER, TALUKA PANCHAYAT, KALAGHATGI, DIST: DHARWAD. 4. THE PANCHAYAT DEVELOPMENT OFFICER, GALAGI GRAM PANCHYAT, TQ: KALAGHATAGI, DISTRICT: DHARWAD-580118. 5. SHRI. BASAVARAJ S/O. DAYAMANNA BADNIGATTI, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 37 YEARS, OCCUPATION: AGRICULTURE, R GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 6. SHRI. SOMANINGA S/O. NINGAPPA KYARWAD, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 41 YEARS, OCCUPATION: AGRICULTURE, 7. SMT. MAHADEVEI W/O. MAHADEVE KELGERI, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 55 YEARS, OCCUPATION: HOUSEHOLD, 8. SMT. NEELAVVA W/O. FAKIRAPPA TALWAR, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 55 YEARS, OCCUPATION: HOUSEHOLD, 9. SHRI. NINGARAJ S/O. DANAPPA MADAR, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 36 YEARS, OCCUPATION: AGRICULTURE, 10. SMT. RUKMAVVA W/O. MARUTI CHETTANNAVAR, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 50 YEARS, OCCUPATION: HOUSEHOLD, 11. SMT. ROSHANABI W/O. BASHESAB KALKERI, MEMBER OF GALAGI PANCHYAT, AGE: 42 YEARS, OCCUPATION: HOUSEHOLD, 12. SHRI. VITTAL S/O. SHEKARAPPA JADHAV, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 45 YEARS, OCCUPATION: AGRICULTURE, 13. SHRI. SADIQ S/O. LATIFSAB HEBBAL, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 42 YEARS, OCCUPATION: AGRICULTURE, 14. SHRI. MOHAMMADALI S/O. ABDULSAB KHATAL, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 55 YEARS, OCCUPATION: AGRICULTURE, 15. SHRI. NAGRAJ S/O. HANMANTAPPA RAMPUR, AGE: 34 YEARS, OCCUPATION: AGRICULTURE, MEMBER OF GALAGI GRAM PANCHYAT, - 3 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 16. SMT. YELLAVVA W/O. YELLAPPA DOLLIN, AGE: 70 YEARS, OCCUPATION: AGRICULTURE, MEMBER OF GALAGI GRAM PANCHYAT, (RESPONDENTS 5 TO 16 ARE RESIDENTS OF GALAGI HULAKOPPA, TQ: KALAGHATGI, POST: HULAKOPPA, DISTRICT: DHARWAD- 580 118.) 17. SMT. BASAVVA W/O. GANGAPPA LAKAMAPUR, AGE: 55 YEARS, OCCUPATION: HOUSEHOLD, MEMBER OF GALAGI GRAM PANCHYAT, 18. SMT. MANJULA W/O. BEERAPPA KURBAR, MEMBER OF GALAGI GRAM PANCHYAT, AGE: 38 YEARS, OCCUPATION: HOUSEHOLD, (RESPONDENTS 17 AND 18 ARE RESIDENTS OF HASARAMBI, TQ: KALAGHATGI, DISTRICT: DHARWAD-580 118. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R3; SRI. M.B. PUJARI, ADVOCATE FOR R4; SRI. VIJAY MALALI, ADVOCATE FOR R5-R18) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT ORDER OR DIRECTION TO QUASH THE RESOLUTION DATED 18.01.2025 PASSED BY RESPONDENT NO. 2/ASSISTANT COMMISSIONER AND NOTICE ISSUED BY RESPONDENT NO.3 DATED 27.01.2025 IN REFERENCE NO. TA PA KA/GR PA AND U CHU KU/2024-25/967 VIDE ANNEXURE- N AND N1 OF GALAGI PACHAYATH IN THE INTEREST OF JUSTICE AND EQUITY; PASS ANY OTHER WRIT, ORDER OR DIRECTION AS DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE AND ALLOWS THE WRIT PETITION WITH COSTS IN THE INTEREST OF THE JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs; a) Issue a Writ of Certiorari or any other Writ Order or direction to Quash the resolution dated 18.01.2025 passed by respondent no. 2/assistant commissioner and notice issued by respondent no.3 dated 27.01.2025 in reference No. Ta Pa ka/gr pa and u chu ku/2024-25/967 vide ANNEXURE- N and N1 of Galagi pachayath in the interest of justice and equity; b) PASS any other Writ, Order or direction as deems fit under the circumstances of the case and allows the Writ Petition with costs in the interest of the justice and equity. 2. The petitioner is challenging the notice dated 27/01/2025 issued by the respondent No.2 Assistant Commissioner fixing the date of holding election to the post of Adhyaksha, in pursuance of the no- confidence motion being carried with 2/3rd majority as against the petitioner, who was the Adhyaksha of the Galagi Gram Panchayat, Kalghatgi Taluk, Dharwad District vide resolution dated 18.01.2025. - 5 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 3. The grievance, as contended by Sri.Venkatesh Kharvi, learned counsel for the petitioner, is that; 3.1. The requirement of Sub-rule (9) of Rule 3 of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 (‘the Rules, 1994’, for short) have not been complied with, and without such compliance, an election to the post of Adhyaksha and Upadhyaksha is proposed to be held today, that is, on 11/02/2025 at 2:00 pm, the nominations to be filed from 11:00 am. 3.2. In terms of Sub-rule (9) of Rule 3 of the Rules of 1994, on a motion being carried by a majority of not less than 2/3rd of the total number of members of the Gram Panchayat, the Adhyaksha or Upadhyaksha, as the case may be, shall forthwith cease to function as - 6 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 such. The Assistant Commissioner is required to, as soon as may be, notify such cessation on the notice board of the office of the Gram Panchayat and inform the Adhyaksha or Upadhyaksha, as the case may be, regarding such cessation, who is not present at the meeting, and it is only thereafter that under Sub-rule (11) of Rule 3, the election to the office of the Adhyaksha or Upadhyaksha shall be held. 3.3. In this regard, he submits that, though the motion for no-confidence has been carried by a majority of not less than 2/3rd, the notification of cessation has not been posted on the notice board of the office of the Gram Panchayat and as such, the election cannot be called for or held in respect of the said post of Adhyaksha. On that basis, he submits that the relief sought for is required to be allowed. - 7 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 4. Sri. V. S. Kalsurmath, learned AGA submits that 4.1. the Assistant Commissioner on 18/01/2025, has issued the notification of cessation of the petitioner from the post of Adhyaksha. His further submission is that, the said notification, having been issued on 18/01/2025, has also been posted on the notice board of the Gram Panchayat, and it is only in pursuance thereof that the elections are proposed to be held. Thus, he submits that the requirements of Sub-rule (9) of Rule 3 of the Rules of 1994 have been complied with. 4.2. His further submission is that, on the motion being carried by majority of 2/3rd of the members, the Adhyaksha forthwith ceases to be the Adhyaksha, and it is only the elections which are required to be held. Thus, the petitioner, who is Adhyaksha, cannot claim any vested interest to continue in the - 8 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 Adhyaksha’s post, in pursuance of the notice of no-confidence, having been passed. 4.3. All procedure having been followed the relief sought for cannot be granted. 5. Sri. T. T. Pawar, learned counsel had filed caveat for respondent No.10. However, Sri. Vijay Malali, learned counsel, submits that he would be appearing for respondents No.5 to 18 and he seeks for a week’s time to file vakalathnama on their behalf. He submits that the notification under Sub-rule (9) of Rule 3 of the Rules of 1994 have been personally served on all the Gram Panchayat members and has also been affixed on the notice board as submitted by the learned AGA. 6. In reply, Sri.Venkatesh Kharvi, learned counsel for the petitioner, submits that, it is only subsequent to the notification fixing the date for holding election was issued, that the notice for cessation has been - 9 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 posted on the notice board. It was required for the notification to be posted on the notice board simultaneously with the issuance of the notification, and even the photograph does not indicate any particular date on which the notification has been posted on the notice board. Hence, he again reiterates that the notice not having been put up on the notice board before the issuance of notice fixing the date of election, the petition is required to be allowed. 7. Heard Sri. Venkatesh Kharvi, learned counsel for the petitioner, Sri. V. S. Kalsurmath, learned AGA for respondents No.1 to 3, Sri. M. B. Pujari, learned counsel for respondents No.4 and Sri.Vijay Malali, learned counsel for respondents No.5 to 18. Perused the papers. 8. The point that would arise for consideration are; 8.1. Whether once the no confidence motion is carried by majority of 2/3rd, the - 10 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 Adhyaksha or Upadhyaksha against whom the notice of no confidence is moved, would forthwith cease to be the Adhyaksha or Upadhyaksha and would not be entitled to function as such? 8.2. Whether service of notification of cessation of office on the Adhyaksha or Upadhyaksha as the case may be by the Assistant Commissioner, is a condition precedent for notifying the date of election to the post of Adhyaksha and Upadhyaksha? 8.3. Whether if the Adhyaksha or Upadhyaksha as the case may be against whom a motion of no confidence has been moved, if was not present in the meeting where the no confidence motion was considered, is required to be served with a notification of cessation by the Assistant commissioner? 8.4. Whether without publication of notification under sub-rule (9) of Rule 3 of the Rules, 1994 on the notice board of the Gram Panchayat, elections to the post of Adhyaksha or Upadhyaksha, as the case may be, who have been defeated in the motion for no confidence, can be held in terms of sub-rule (11) of Rule 3 of the Rules, 1994 ? 8.5. What order ? 9. I answer the above points as under: - 11 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 10. ANSWER TO POINT NO.1:- Whether once the no confidence motion is carried by majority of 2/3rd, the Adhyaksha or Upadhyaksha against whom the notice of no confidence is moved, would forthwith cease to be the Adhyaksha or Upadhyaksha and would not be entitled to function as such? 10.1. Sub-rule (9) of Rule 3 of the Rules, 1994 is reproduced hereunder for easy reference. “(9) If the motion is carried by a majority of not less than two thirds of the total number of members of the Grama Panchayat, the Adhyaksha or Upadhyaksha, as the case may be, shall forthwith cease to function as such and the Assistant Commissioner shall, as soon as may be, notify such cessation on the notice board of the office of the Grama Panchayat and also inform the Adhyaksha or Upadhyaksha, as the case may be, regarding such cessation, if he is not present at the meeting.” 10.2. A perusal of aforesaid sub-rule (9) of Rule 3 of the Rules, 1994, would indicate that if the motion of no confidence is carried by majority of not less than 2/3rd of the total number of members of the Grama Panchayat, Adhyaksha or Upadhyaksha as the case may be, shall forthwith cease to function as such. Thus in so - 12 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 far as cessation of functioning as Adhyaksha or Upadhyaksha, the same is immediate on the motion for no-confidence being successful, no further action is required to be taken in relation thereto. 10.3. In the present case, it is not in dispute that the motion of no confidence has been carried by majority of 2/3rd. Thus, insofar as the motion of no confidence is concerned being successful, the petitioner who was the Adhyaksha forthwith ceased to be the Adhyaksha on the motion being carried by 2/3rd majority and as such could not function as the Adhyaksha post the motion being carried. 10.4. Hence, I answer point No.1 by holding that once the no confidence motion is carried by majority of 2/3rd, the Adhyaksha or Upadhyaksha against whom the notice of no confidence is moved, would forthwith - 13 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 cease to be the Adhyaksha or Upadhyaksha and would not be entitled to function as such. 11. ANSWER TO POINT NO.2:- Whether if the Adhyaksha or Upadhyaksha as the case may be against whom a motion of no confidence has been moved, if was not present in the meeting where the no confidence motion was considered, is required to be served with a notification of cessation by the Assistant commissioner? 11.1. The submission of Sri Venkatesh M.Kharvi., learned counsel appearing for petitioner is that the petitioner Adhyaksha was not present during the meeting and as such, notification of the motion for no confidence being successful in terms of sub-rule (9) of Rule 3 of the Rules, 1994, was not to his knowledge and as such is required to be served on the petitioner. Sub- rule (9) of Rule 3 of Rules, 1994 has been reproduced hereinabove. - 14 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 11.2. The further portion of sub-rule (9) of Rule 3 of the Rules, 1994 would indicate that on the motion being carried with the majority of 2/3rd, the Assistant Commissioner shall, as soon as may be, notify such cessation on the notice board of the office of the Grama Panchayat and also inform the Adhyaksha or Upadhyaksha, as the case may be, regarding such cessation, if he is not present at the meeting. The reading of the above can be bifurcated into two parts. 11.3. Firstly, when the Adhyaksha or Upadhyaksha as the case may be, against whom the motion for no confidence was moved was present at the said meeting, then there would be no requirement for the Assistant Commissioner to notify the cessation to the said Adhyaksha or Upadhyaksha, as the case may be, since he being present at the meeting was aware of the - 15 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 motion for no confidence having been carried by the 2/3rd majority and thus having been passed. 11.4. Secondly, if the Adhyaksha or Upadhyaksha as the case may be, were not to be present in the said meeting, the notice of cessation, would have to be served on the Adhyaksha or Upadhyaksha as the case may be, against whom the motion of no confidence has been moved, since the said Adhyaksha or Upadhyaksha as the case may be, may not be aware of it or rather by abundant caution, the motion for no-confidence is required to be informed to such Adhyaksha or Upadhyaksha as the case may be so that he does not take any action as Adhyaksha or Upadhyaksha after having ceased to be an Adhyaksha or Upadhyaksha on the motion for no-confidence having been carried. - 16 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 11.5. Hence I answer Point No.2 by holding that it is only in the event of the Adhyaksha or Upadhyaksha as the case may be, against whom a motion of no confidence has been moved, if was not present in the meeting where the no confidence motion was considered and passed, would there be a requirement for service of a notification of cessation by the Assistant commissioner, if the Adhyaksha or Upadhyaksha as the case may be, was present in the said meeting there would no need for service of notification of such cessation. 12. Answer to Point No.3: Whether service of notification of cessation of office on the Adhyaksha or Upadhyaksha as the case may be by the Assistant Commissioner, is a condition precedent for notifying the date of election to the post of Adhyaksha and Upadhyaksha? - 17 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 12.1. The contention of Sri.Venkatesh Kharvi, is that it is only after the notification fixing the date for election was issued, that the notice for cessation was been posted on the notice board as also served on the Petitioner. It was required for the notification to be posted on the notice board prior to the issuance of the notification. 12.2. In the present case, learned AGA has produced a photograph indicating the service of the notification dated 18.01.2025 on the petitioner. 12.3. The contention of Sri Venkatesh M.Kharvi., is that the said notification was served on the petitioner on 28.01.2025 and the notice calling for the election was issued on 27.01.2025. As such, no notice could have been issued fixing the date of election prior to the service of notification on the petitioner. - 18 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 12.4. A reading of sub-rule (9) of Rule 3 of the Rules, 1994 does not support the contention of Sri Venkatesh M.Kharvi., learned counsel inasmuch as sub-rule (9) of Rule 3 of the Rules, 1994 requires the Assistant Commissioner to, as soon as may be, notify such cessation on the notice board of the office of the Grama Panchayat and also inform the Adhyaksha or Upadhyaksha, as the case may be, regarding such cessation, if he is not present at the meeting. 12.5. 12.5. There is no dispute as regards the petitioner being served with the notification on 28.01.2025, but the only contention raised is the notification for election has been issued a day earlier on 27.01.2025. In my considered opinion, the same even if accepted, would not have any bearing on the notification issued for holding election inasmuch as under sub-rule - 19 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 (9) of Rule 3 of the Rules, 1994, what is required is only a notification of cessation to be served on the Adhyaksha or Upadhyaksha as the case may be, who was not present in the said meeting as soon as possible. It does not require the notification of cessation to be served on the Adhyaksha or Upadhyaksha as the case may be before notifying the date of election. Further, such issuance and service on the Adhyaksha or the Upadhyaksha as the case may be, is not a precondition for holding of election. 12.6. Hence, I answer point No.2 by holding that the service of notice of cessation of office on the Adhyaksha or Upadhyaksha as the case may be by the Assistant Commissioner, even if, belated cannot come in the way of elections being held to the post of Adhyaksha and Upadhyaksha - 20 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 or in other word service of notification of cessation of office on the Adhyaksha or Upadhyaksha as the case may be by the Assistant Commissioner, is not a condition precedent for notifying the date of election to the post of Adhyaksha and Upadhyaksha. 13. Answer to Point No.4: Whether without publication of notification under sub-rule (9) of Rule 3 of the Rules, 1994 on the notice board of the Gram Panchayat, elections to the post of Adhyaksha or Upadhyaksha, as the case may be, who have been defeated in the motion for no confidence, can be held in terms of sub-rule (11) of Rule 3 of the Rules, 1994 ? 13.1. The last contention of Sri. Venkatesh M. Kharvi, learned counsel for the petitioner is that until the notice of cessation is posted on the notice board or the office of the Gram Panchayat, no elections could be held to the post of Adhyaksha or Upadhyaksha as the case may be. - 21 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 13.2. Sub-rule (11) of Rule 3 of the Rules, 1994 is reproduced hereunder for easy reference: 3. Motion of No-confidence.- (11) The election to the office of Adhyaksha or Upadhyaksha shall not be held until the notification under sub-rule (9) removing the Adhyaksha or Upadhyaksha, as the case may be, is published. 13.3. The aspect of sub-rule (9) of Rule 3 of the Rules, 1994 has been dealt with hereinabove. Irrespective of whether the Adhyaksha or Upadhyaksha, as the case may be, was present or not at the meeting, the Assistant Commissioner is required to notify the said publication on the notice board of the office of the Gram Panchayat as soon as may be. 13.4. The aspect or the time frame of ‘as soon as may be’ would have to be considered in terms of sub-rule (11) of Rule 3 of the Rules, 1994, which has been extracted hereinabove, inasmuch as, though the Adhyaksha or Upadhyaksha, as the case may be, shall forthwith - 22 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 cease to function as such upon the motion of no confidence being carried by not less than 2/3rd of the total number of members of Gram Panchayat election to the vacant post of Adhyaksha or Upadhyaksha, as the case may be, shall not be held until the notification under sub-rule(9) of Rule 3 of the Rules, 1994 is published and the publication is on the notice board of the Gram Panchayat. Thus, it is clear that until the said publication happens, the election to the office of the Adhyaksha or Upadhyaksha, as the case may be, shall not be held by the Assistant Commissioner. 13.5. Coming to the facts of the case, though Sri.Venkatesh M. Kharvi., learned counsel submits that the notice of cessation was notified on the notice board of the office of Gram Panchayat on 28.01.2025 and notice of election was issued on 27.01.2025, learned counsel appearing for respondents No.5 to 18 - 23 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 would submit that, it has been received prior to 27.01.2025 and the submission of learned AGA is that the notice of cessation was put up on the notice board of the office of the Gram Panchayat after approval from the Deputy Commissioner before the issuance of notice for holding of election, which is also confirmed by the counsel appearing for Respondent 5 to 18. 13.6. The say of the petitioner remains an allegation which is contradicted by both the Assistant Commissioner and the other Gram Panchayat members. The contention of the petitioner cannot be believed more particularly when the other Gram Panchayat members have expressed categorically that the notice of cessation was put up/published on the notice board of the Gram Panchayat prior to the issuance of notice calling for the election, I am of the considered opinion that it is the say of - 24 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 the other members of Gram Panchayat, in this case all the other members of the Gram Panchayat, which will have to be accepted by this Court and the submission of the Adhyaksha, against whom the notice of no confidence has been successful, cannot be accepted. 13.7. More so, the photograph indicating that the notice of cessation has been pasted on the notice board of the Gram Panchayat, has been produced. 13.8. In that view of the matter, I answer point No.3 by holding that election to the office of the Adhyaksha or Upadhyaksha shall not be held until the notification under sub-rule (9) of Rule 3 of the Rules, 1994 removing the Adhyaksha or Upadhyaksha, is published on the notice board of the Panchayat. - 25 - NC: 2025:KHC-D:2677 WP No. 100910 of 2025 13.9. In the present case, the notification under sub-rule (9) of Rule 3 of the Rules, 1994 having been published on the notice board prior to such notice having been issued fixing the date for holding election, there is no infirmity in the notification issued for holding election to the post of Adhyaksha. 14. Answer to Point No.5: What Order? 1.1. In view of my finding on all the above points, no grounds being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab – upto para 7 AM – para 8 to end CT-MCK/List No.: 1 Sl No.: 46