- 1 - HC-KAR NC: 2025:KHC-D:11598 WP No. 106534 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106534 OF 2025 (LB-RES) BETWEEN: SMT. PARVATEVVA JALIHAL W/O. NINGAPPA JALIHAL, AGED ABOUT 63 YEARS, OCCUPATION: PRESIDENT, R/O. MORAB VILLAGE, NAVALGUND TALUK, DHARWAD DISTRICT-580112. &PETITIONER (BY SRI. SUNILKUMAR BANGARI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, 3RD GATE, 3RD FLOOR, M.S. BUILDING, BENGALURU 3 560 001. 2. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER, DHARWAD DISTRICT, F223+M6J, UB HILLS, MALMADDI, DHARWAD 3 580007. 3. THE PANCHAYAT DEVELOPMENT OFFICER [PDO] MORAB GRAM PANCHAYAT, MORAB VILLAGE, NAVALGUND TALUK, DHARWAD DISTRICT 3 580 112. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11598 WP No. 106534 of 2025 4. SMT. KASTURI HUBBALLI W/O. RAJU HUBBALLI, AGED ABOUT 42 YEARS, OCCUPATION: MEMBER, 5. SMT. KALAVATHI NEGINAHAAL W/O. MADIVALAPPA NEGINAHAAL, AGED ABOUT 55 YEARS, OCCUPATION: MEMBER, 6. SRI. NAGARAJ METI S/O. NINGAPPA METI, AGED ABOUT 30 YEARS, OCCUPATION: MEMBER, 7. SRI SHIVAYOGI MANAMI S/O. SHIDDAPPA MANAMI, AGED ABOUT 38 YEARS, OCCUPATION: MEMBER, 8. SRI ASHOK HOOLI S/O. GADIGEPPA HOOLI, AGED ABOUT 49 YEARS, OCCUPATION: MEMBER, 9. SMT. SHOBHA AMMINABHAVI W/O. AYYAPPA AMMINABHAVI, AGED ABOUT 45 YEARS, OCCUPATION: MEMBER, 10. SRI. GURUNATHGOUDA PATIL S/O. BASANGOUDA PATIL, AGED ABOUT 38 YEARS, OCCUPATION: MEMBER, 11. SMT. RENUKA HAVERI W/O. SHIVAPPA HAVERI, AGED ABOUT 45 YEARS, OCCUPATION: MEMBER, - 3 - HC-KAR NC: 2025:KHC-D:11598 WP No. 106534 of 2025 12. SMT. SHASHIKALA GURANAVAR W/O. VITTAL GURANAVAR, AGED ABOUT 44 YEARS, OCCUPATION: MEMBER, 13. SRI. MOHAMED BIJAPUR S/O. BABASABH BIJAPUR, AGED ABOUT 29 YEARS, OCCUPATION: MEMBER, 14. SMT. MALLAVVA BYALYAL W/O. TOPANNA BYALYAL, AGED ABOUT 60 YEARS, OCCUPATION: MEMBER, 15. SMT. MANJULA MADIWALAR W/O. HANUMANTHAPPA MADIWALAR, AGED ABOUT 45 YEARS, OCCUPATION: MEMBER, 16. SMT. RAJESHWARI BANDIWAD W/O. MAHESH BANDIWAD, AGED ABOUT 46 YEARS, OCCUPATION: MEMBER, 17. SRI. BASAVARAJ KERIMANI S/O. JAYAPPA KERIMANI, AGED ABOUT 53 YEARS, OCCUPATION: MEMBER, 18. SMT. NEELAVVA BETASOOR W/O. SHIVANAND BETASOOR, AGED ABOUT 48 YEARS, OCCUPATION: MEMBER, 19. SMT. GIRIJAVVA MADIWALAR W/O. MAHANTESH MADIWALAR, AGED ABOUT 55 YEARS, OCCUPATION: MEMBER, - 4 - HC-KAR NC: 2025:KHC-D:11598 WP No. 106534 of 2025 20. SRI. YOGAPPA GOLANAYKAR S/O. BHARAMANAYAK GOLANAYKAR, AGED ABOUT 49 YEARS, OCCUPATION: MEMBER, RESPONDENT NO. 4 to 20 ARE RESIDENT OF MORAB VILLAGE, NAVALGUND TALUK, DHARWAD DISTRICT 3 580 112. &RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 AND R2; NOTICE TO R3 TO R20 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED NOTICE OF MOTION FOR NO CONFIDENCE MOVED AGAINST THE PETITIONER VIDE IMPUGNED NOTICE DATED 26/08/2025 (SERVED ON 29/08/2025 AT ABOUT 9.00PM) VIDES NOTICE BEARING REFERENCE NO.CHUNAVANE/A.A.SU./ CR.31/2025-26 ISSUED BY THE RESPONDENT NO.2 PRODUCED VIDE ANNEXURE-D. II. PASS SUCH OTHER WRIT OR ORDER OR ORDERS AS THIS HON9BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 and 2. Notice to respondent Nos.3 to 20 is dispensed with in view of the proposed order to be passed. - 5 - HC-KAR NC: 2025:KHC-D:11598 WP No. 106534 of 2025 2. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari to quash the impugned notice of motion for no confidence moved against the petitioner vide impugned notice dated 26/08/2025 (served on 29/08/2025 at about 9.00pm) vides notice bearing reference no. Chunavane/A.A.Su./CR.31/2025-2 issued by the respondent no.2 produced vide Annexure-D. ii. Pass such other writ or order or orders as this Hon9ble Court deems fit in the circumstances of the case, in the interest of justice and equity. 3. The short grievance of the petitioner is that, while issuing the notice convening the meeting to consider the motion of no-confidence, the Assistant Commissioner has not provided 15 clear days notice in terms of Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994. 4. A perusal of Annexure-D indicates that, notice is dated 26.08.2025 and the meeting is proposed to be held on 12.09.2025, which notice has been served on - 6 - HC-KAR NC: 2025:KHC-D:11598 WP No. 106534 of 2025 the petitioner only on 29.08.2025. Thus there being no clear 15 days notice, learned AGA would submit that the Assistant Commissioner will not pursue the notice dated 26.08.2025 at Annexure-D, but would issue a fresh notice in compliance with the applicable laws. 5. The said submission of the learned AGA will answer the grievance petitioner. In view of the said submission, notice dated 26.08.2025 not being relied upon by the Assistant Commissioner, the question of the same being required to be quashed does not arise. 6. Placing the said submission of the learned counsel for the learned AJA, the petitioner stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 21