- 1 - NC: 2025:KHC-D:7171 WP No. 103096 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO. 103096 OF 2025 (LB-ELE) BETWEEN: SRI A M GANGADHARAYYA S/O KOTTRABASAYYA AGE. 57 YEARS, OCC. AGRICULTURIST AND BUSINESS, R/O. HANASI, HAGRI BOMMANAHALLI VIJAYANAGAR-583135 …PETITIONER (BY SRI. JAGADISH PATIL & SRI. SAJID GOODWALA, ADVOCATES) AND: 1. THE ASSISTANT COMMISSIONER HOSAPETE, VIJAYANAGAR-583201 2. THE PANCHAYAT DEVELOPMENT OFFICER HAGRI BOMMANAHALLAI VIJAYANAGAR-583135 3. SHAKUNTALA W/O RAMESHA, AGE: 45 YEARS, OCC: HOUSE WIFE, R/O: # WARD 2, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 4. HK CHANDRAPPA S/O MARIYAMMA, AGE: 48 YEARS, OCC: AGRICULTURE R/O: KALLAHALLI, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:7171 WP No. 103096 of 2025 5. SHARDAMMA W/O PARAMESHWARAPPA AGE: 34 YEARS, OCC: HOUSE WIFE, R/O: KALLAHALLI, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 6. N. HASEN SHARIF S/O N. ALLABAKSHI SAB AGE: 43 YEARS, OCC: AGRICULTURE, R/O: # 62 WARD 1, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 7. VIJAYALAKSHMI U. W/O U. SIDDESH AGE: 50 YEARS, OCC: HOUSE WIFE, R/O: # 388, WARD 1, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 8. V. VEERESH S/O KOTRAPPA AGE: 40 YEARS, OCC: AGRICULTURE, R/O: # 269, H B HALLI, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 9. PALTHYA GANGYA NAIK S/O PREMA NAIK AGE: 68 YEARS, OCC: AGRICULTURE, R/O: KALLAHALLI THANDA, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 10. YALLAMMA W/O KARIYAPPA AGE: 66 YEARS, OCC: HOUSE WIFE, R/O: HB HALLI, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 11. KOTRESHAPPA S/O CHANDRAPPA AGE: 55 YEARS, OCC: AGRICULTURE R/O: 29, KANAVINAYAKANA HALLI, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 - 3 - NC: 2025:KHC-D:7171 WP No. 103096 of 2025 12. G. SHASHIKALA W/O G. PRAKASHA AGE: 32 YEARS, OCC: AGRICULTURE, R/O: # 99/2, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 13. V. CHANNAMMA W/O PARASHURAMA AGE: 39 YEARS, OCC: HOUSE WIFE, R/O: KANAVINAYAKANA HALLI, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 14. NINGAMMA W/O BELADERI HANUMANTHAPPA AGE: 46 YEARS, OCC: HOUSE WIFE, R/O: KALLAHALLI, H B HALLI, HANASI, HAGARIBOMMANAHALLI, DIST: VIJAYANAGAR 583135 …RESPONDENTS (BY SRI. MALA B. BHUTE, AGA FOR R1, SRI. H.N. GULARADDI, ADVOCATE FOR C/R3-R14) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICE DATED 28/04/2025 BEARING NO. SUM/KUM/GRAPAM/CHUNAVANE/49/2024- 25 ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-C, WITH RESPECT TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT - 4 - NC: 2025:KHC-D:7171 WP No. 103096 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Though the matter is listed for preliminary hearing, with the consent of the learned counsels appearing for the parties, the writ petition is taken up for final disposal. 2. Heard learned counsel Sri. Sajid Goodwala for Sri.Jagadish Patil, learned counsel for the petitioner, learned Additional Government Advocate Smt.Mala B. Bhute for respondents No.1 and 2 and learned counsel Sri. H.N. Gularaddi for respondents No.3 to 14 and perused the writ petition papers. 3. Learned counsel for the petitioner submits that the petitioner is before this Court questioning No-confidence notice dated 28.04.2025 at Annexure-C only on the ground that as required under Rule 3 of Gram Swaraj and Panchayat Raj, (Motion of no-confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994, there is no clear 15 days notice. Further, learned counsel would submit that, notice is dated 28.04.2025, fixing the date of meeting - 5 - NC: 2025:KHC-D:7171 WP No. 103096 of 2025 of no-confidence as 12.05.2025 at 11.00 a.m. Thus, he submits that there is no clear 15 days notice. 4. However, on the other hand, learned counsels appearing for respondents are not in a position to demonstrate as to how Annexure-C, Notice dated 28.04.2025 would comply Rule 3 of 1994 Rules. 5. On hearing the learned counsels for the parties and on perusal on the entire writ petition papers, I am of the view that Annexure-C-notice dated 28.04.2025 issued by the first respondent-Assistance Commissioner is contrary to Rule 3 of 1994 Rules. The notice is dated 28.04.2025 fixing the date of meeting as 12.05.2025 at 11.00 a.m. The meeting is scheduled on the 15th day from the date of notice. There is no 15 clear days notice as required under Rule 3 of 1994 Rules. 6. In the light of the above, the following: ORDER i. Writ petition is allowed. - 6 - NC: 2025:KHC-D:7171 WP No. 103096 of 2025 ii. Annexure-C bearing No.Sum/Kum/GraPam/ Chunavane/49/2024-25 dated 28.04.2025, notice of no-confidence stands quashed. Sd/- (S G PANDIT) JUDGE RKM CT-MCK List No.: 1 Sl No.: 12