- 1 - HC-KAR NC: 2025:KHC-D:8238 WP No. 104153 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104153 OF 2025 (LB-ELE) BETWEEN: SMT. SUMITRA W/O. PARAPPA KULAGOD, AGE: 46 YEARS, OCC: PRESIDENT OF MAIGUR GRAMA PANCHAYITA, R/O. SHIRAGUPPI, TQ: JAMAKHANDI, DIST: BAGALKOT-587 119. …PETITIONER (BY SRI. S.L. MATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, 3RD FLOOR, 3RD GATE, BENGALURU-560 001, R/BY IT’S PRINCIPAL SECRETARY. 2. THE ASSISTANT COMMISSIONER, JAMAKHANDI DIVISION, JAMAKHANDI-587 301. 3. THE PANCHAYAT DEVELOPMENT OFFICER, MAIGUR GAMA PANCHAYITA, MAIGUR, TQ: JAMAKHANDI-587 119. 4. SMT. GEETA W/O. PARASAPPA AMBI, AGE: 50 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. MAIGUR, TQ: JAMAKHANDI-587 119. Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8238 WP No. 104153 of 2025 5. SMT. ANNAPURANNA W/O. MALLAPPA B. PATIL, AGE: 38 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. MAIGUR, TQ: JAMAKHANDI-587 119. 6. SMT. VIMALAMMA W/O. ALLAYYA MATHAPATI, AGE: 55 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. MAIGUR, TQ: JAMAKHANDI-587 119. 7. SRI. SANGAPPA S/O. CHANNAPPA PIDASHETTY, AGE: 55 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. MAIGUR, TQ: JAMAKHANDI-587 119. 8. SRI. SHIVAPPA S/O. DHAREYAPPA NYAMGOUDA, AGE: 56 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. SHIRAGUPPI, TQ: JAMAKHANDI-587 119. 9. SRI. KALLAPPA S/O. HANAMAPPA NYAMGOUDA, AGE: 51 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. SHIRAGUPPI, TQ: JAMAKHANDI-587 119. 10. SMT. SHANTAVVA W/O. MALLAPPA MANTUR, AGE: 52 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. SHIRAGUPPI, TQ: JAMAKHANDI-587 119. 11. SMT. GEETA W/O. BASAVARAJ MANTUR, AGE: 52 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. SHIRAGUPPI, TQ: JAMAKHANDI-587 119. 12. SRI. HANAMATHA S/O. SADASHIVA BIRADAR, AGE: 43 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. SHIRAGUPPI, TQ: JAMAKHANDI-587 119. 13. SRI. KALASAPPA S/O. BHIMAPPA KALE, AGE: 40 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. SHIRAGUPPI, TQ: JAMAKHANDI-587 119. - 3 - HC-KAR NC: 2025:KHC-D:8238 WP No. 104153 of 2025 14. SMT. SAVITHRI W/O. SHIVAPPA SANKARATTI, AGE: 36 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. SHIRAGUPPI, TQ: JAMAKHANDI-587 119. 15. SMT. SUWARNA W/O. APPASAB HARIJAN, AGE: 44 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. SHIRAGUPPI, TQ: JAMAKHANDI-587 119. 16. SRI. SACHIN S/O. TAMMANNA SHINGE, AGE: 32 YEARS, OCC: ELECTED MEMBER OF GRAM PANCHAYAT MAIGUR, R/O. MAIGUR, TQ: JAMAKHANDI-587 119. 17. HANAMATHA S/O. NAGAPPA PATIL, AGE: 32 YEARS, OCC: MEMBER GRAM PANCHAYAT, R/O. MAIGUR, TQ: JAMAKHANDI-587 117. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1 & R2; SRI. KIRANAKUMAR S. CHATTIMATH, ADVOCATE FOR R4-R17; R3-DISPENSED WITH) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF NATURE OF CERTIORARI BY QUASHING AN IMPUGNED NOTICE IN FORM NO.II BEARING NO.CHUNAVANE/E-710302/2025 DATED 21.06.2025 ISSUED BY RESPONDENT NO.2 ASSISTANT COMMISSIONER WHICH HAS BEEN SERVED UPON THE PETITIONER ON 24.06.2025 VIDE ANNEXURE-C, IN THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:8238 WP No. 104153 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel for the petitioner. Learned AGA Sri.M.M.Khannur is directed to take notice for respondent Nos.1 and 2. Learned counsel Sri.Kiranakumar S. Chattimath, appears for respondent Nos.4 to 17. Notice to respondent No.3 is dispensed, as no relief is sought against respondent No.3. 2. This petition is filed by the petitioner seeking to quash the impugned notice in Form-II dated 21.06.2025 issued by the respondent No.2-Assistant Commissioner. It is the case of the petitioner that the petitioner was elected member of Maigur Gram Panchayat of Jamakhandi taluk. She was elected in the reservation category of Pravarag-A. Subsequently she was elected as a President of Maigur Gram Panchayat for the 2nd term by resolution dated 31.07.2023. Subsequently, she has been discharging her duty sincerely without any complaints. - 5 - HC-KAR NC: 2025:KHC-D:8238 WP No. 104153 of 2025 3. This being the facts of the case, respondent Nos.4 to 17 submitted Form-I to respondent No.3 with an intention to move no confidence motion against the petitioner without there being any valid reason. According to the petitioner, this notice to move no confidence motion is made with a motive of malafide intention. It is the contention of the learned counsel for the petitioner that notice so issued for conducting no confidence against the petitioner is against the Rules of Karnataka Gram Swaraj and Panchayat Rat (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994. It is further contended that as per the Rules, 1994, there is requirement of clear 15 days notice from the date of receipt of the notice till the date of no confidence motion/meeting. In the present facts of the case, notice of no confidence motion was served upon the petitioner on 24.06.2025 and no confidence motion was scheduled to be held on 07.07.2025. Therefore, there is no clear 15 days of notice from the period for issuance of notice till - 6 - HC-KAR NC: 2025:KHC-D:8238 WP No. 104153 of 2025 conducting of no confidence motion against the petitioner. On these grounds, learned counsel for the petitioner contends that the said notice is bad in law and is in non compliance of Rules, 1994 stated herein supra. Hence, the same requires to be quashed. 4. Per contra, learned AGA representing the State and the learned counsel for respondent Nos.4 to 17 sustains the issuance of notice and contends that there is no illegality or violation of any of the Rules and hence seeks to dismiss the petition. 5. I have heard the learned counsel for the petitioner, learned AGA for the respondent State and the learned counsel representing respondent Nos.4 to 17 and perused the facts of the case and the date of issuance of notice and the date for conducting of no confidence motion. 6. There is no dispute with regard to Rule 3(2) of the Rules, 1994. Learned counsel has relied on the judgment of the Coordinate Bench of this Court in - 7 - HC-KAR NC: 2025:KHC-D:8238 WP No. 104153 of 2025 W.P.No.12724/2022 which squarely covers the dispute of the present case. The said judgment is referred to a Full Bench of this Court in the case of C.Puttaswamy Vs.Smt.Prema reported in AIR 1992 KAR 356, in paragraph 7 it is held as under: “7. A full Bench of this Court in the case of C. Puttaswamy, etc. vs. Smt. Prema, etc reported in MANU/KA/0051/1992: AIR 1992 KAR 356 had held that the procedural requirements for considering a motion of no confidence is mandatory and are to be strictly followed. In the present case, the notice dated 16th June, 2022, convening a meeting on 05th July, 2022, was served personally on the petitioner on 20th June, 2022. Rule 3(2) of the Rules of 1994 reads as follows: The Assistant Commissioner shall thereafter convene a meeting for the consideration of the said motion at the office of the Grama Panchayat on the date appointed by him which shall not be later than thirty days from the date on which the notice under sub-rule (1) was delivered to him. He shall give to the members a notice of not less than fifteen clear days of such meeting in Form II (The Assistant Commissioner shall make sure that the allegations delivered are specific in the attached list of notice to prepare a report within seven days in respect of Taluk Panchayat Execute Officer). Provided that where the holding of such meeting is stayed by an order of a Court, the Assistant Commissioner shall adjourn the said meeting and shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay, after a giving to the members, after giving to the members a notice of not less than fifteen clear days of such adjourned meeting." - 8 - HC-KAR NC: 2025:KHC-D:8238 WP No. 104153 of 2025 7. Accordingly, I pass the following: ORDER i. Petition is allowed. ii. The impugned notice in Form No.II bearing No.Chunavane/E-710302/2025 dated 21.06.2025 issued by respondent No.2- Assistant Commissioner is hereby quashed. iii. Respondent No.2 is at liberty to initiate fresh action in accordance with law but however he shall follow the procedure laid down under the Karnataka Gram Swaraj and Panchayat Rat (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 61