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2025 DAILYLAW 57526 (KAR)

SRI KRISHNASWAMY T P v. THE STATE OF KARNATAKA

WP/22563/2025 · 2025-08-11

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31189 WP No. 22563 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.22563 OF 2025 (LB-RES) BETWEEN: 1. SRI KRISHNASWAMY T P S/O PAPANNA, AGED ABOUT 51 YEARS, R/AT THAGGAHALLI POST, SUB-DIVISION, MADDUR, MANDYA DISTRICT-571 425 PRESIDENT OF THAGGAHALLI GRAMA PACHAYATH, THAGGAHALLI, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT. …PETITIONER (BY SRI. ANAND P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, PANCHAYATH RAJ DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THAGGAHALLI GRAMA PANCHAYATH, REPTD BY ITS PANCHAYATH DEVELOPMENT OFFICER THAGGAHALLI, KOPPA HOBLI, MADDUR TALUK, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31189 WP No. 22563 of 2025 MANDYA DISTRICT-571 425. 3. THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA-573 201. 4. SRI MANJUNATHA M.B. S/O M.C. BILIGOWDA, AGED ABOUT 38 YEARS, R/AT MOODYA VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 5. SMT. SUNANDAMMA, W/O CHIKKAPUTTAIAH AGED ABOUT 55 YEARS, R/AT MOODYA VILLAGE, KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 6. SRI VIJAY S. GOWDA, S/O LATE SHIVANNAGOWDA, AGED ABOUT 32 YEARS, R/AT ARAGINAMELE VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 7. SRI. SIDDEGOWDA, S/O KEMPEGOWDA, AGED ABOUT 67 YEARS, R/AT CHIKKANAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. - 3 - HC-KAR NC: 2025:KHC:31189 WP No. 22563 of 2025 8. SMT. ROOPA, W/O RAMAKRISHNA AGED ABOUT 36 YEARS, R/AT THAGGAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 9. SRI. SUNIL KUMAR L S/O LAKSHMANA, AGED ABOUT 35 YEARS, R/AT THAGGAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDVA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 10. SMT. RADHA GOVINDA, W/O B.C. GOVINDA, AGED ABOUT 33 YEARS, R/AT THAGGAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 11. SRI. PUTTASWAMY, S/O NARASINGACHAR, AGED ABOUT 60 YEARS, R/AT SINGONAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 12. SMT. VARALAKSHMI, S/O SHEKAR, AGED ABOUT 34 YEARS, R/AT CHIKKONAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. - 4 - HC-KAR NC: 2025:KHC:31189 WP No. 22563 of 2025 13. SMT. MANJULA, S/O SHIVALINGAIAH, AGED ABOUT 52 YEARS, R/AT CHIKKONAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 14. SMT. LALITHAMMA, W/O VENKATESH, AGED ABOUT 51 YEARS, R/AT THAGGAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 15. SMT. SAVITHA, W/O SRINIVAS, AGED ABOUT 46 YEARS, R/AT. HARALAKERE VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 16. SRI RAMADAS H.M. S/O CHIKKONU, AGED ABOUT 55 YEARS, R/AT HARALAKERE VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. 17. SMT. ARATHI, W/O ERANNA, AGED ABOUT 37 YEARS, R/AT HARALAKERE VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 425 MEMBER, THAGGAHALLI GRAMA PANCHAYATH. - 5 - HC-KAR NC: 2025:KHC:31189 WP No. 22563 of 2025 …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG ALONGWITH SRI H.K. KENCHEGOWDA, AGA FOR R.1 AND R.3; SRI B.J. SOMAYAJI, ADVOCATE FOR R.2. SRI BASAVARAJU P., ADVOCATE FOR R.4 TO R.13; NOTICE TO R.14 TO R.17 DISPENSED WITH.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE ISSUED BY THE RESPONDENT NO.3 DATED 10-07-2025 BEARING NO.E.L.N..36/2025-26 PRODUCED AT ANNEXURE-D AND ALL SUBSEQUENT PROCEEDINGS ARISING THERE FROM, ETC. THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 6 - HC-KAR NC: 2025:KHC:31189 WP No. 22563 of 2025 ORAL ORDER 1. The petitioner was the President of respondent No.2 - Thaggahalli Gram Panchayat. Certain members of Gram Panchayat made a request on 26.06.2025 to the jurisdictional Assistant Commissioner to convene a meeting of No Confidence against the petitioner. The same was convened on 08.07.2025. The said meeting was challenged by way of W.P.No.19725/2025 wherein the following order has been passed:- ORDER "(i) Writ petition is allowed in part; (ii) The impugned notice dated 27.06.2025 issued by the respondent No.3 vide Annexure-A and the impugned request letter dated 26.06.2025 made by respondent Nos.4 to 13 are hereby quashed; (iii) The respondent No.3/Assistant Commissioner shall re-do the process of No-confidence Motion strictly adhering to the mandate provided under Rule 3(2) of the Karnataka Grama Swaraj and Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994." - 7 - HC-KAR NC: 2025:KHC:31189 WP No. 22563 of 2025 2. Subsequent to the order passed in W.P.No.19725/2025, again a request has been made to the Assistant Commissioner to initiate 'no confidence motion' against the petitioner herein and a notice was issued on 10.07.2025 fixing the date of meeting to discuss the motion of no confidence against the petitioner on 29.07.2025. The present writ petition is filed on the ground that subsequent to the order passed in W.P.No.19725/2025, the Members of the Gram Panchayat were required to request the Assistant Commissioner once again, which they have not done. But the Assistant Commissioner has convened a meeting based on the earlier request itself which was made on 26.06.2025 which has been set aside by this Court. On the said ground, it is prayed that the present No Confidence Motion moved against the petitioner herein be also set aside. 3. The third respondent - Assistant Commissioner has filed an affidavit dated 11.08.2025 wherein in paragraph No.5, he has submitted as under:- "5. I further submit that at the time of filing the above Writ Petition, the Petitioner has enclosed only the earlier requisition dated 26.06.2025. It is alleged by the - 8 - HC-KAR NC: 2025:KHC:31189 WP No. 22563 of 2025 Petitioner that I have issued the impugned Meeting Notice dated 10.07.2025 at Annexure-D, based on the earlier requisition dated 26.06.2025 which is false and incorrect. Based on the requisition (fresh) dated 10.07.2025, the impugned notice at Annexure-D has been issued and accordingly, meeting was conducted on 29.07.2025. As per the Interim Order dated 28.07.2025 passed by this Hon'ble Court, results were not announced and awaiting for further orders of this Hon'ble Court in this regard." 4. The learned AAG appearing for respondent Nos.1 and 3, upon instructions, submits that, subsequent to the passing of the order in W.P.No.19725/2025, a fresh request was made by respondent Nos.4 to 13 for convening a meeting to discuss the motion of no confidence against the petitioner and based upon the same, the meeting has been convened on 29.07.2025. 5. In the light of the submission made by the learned AAG, I do not see any illegality in the manner in which 'no confidence motion' has been moved against the petitioner herein. 6. For the said reason, the writ petition is hereby dismissed. - 9 - HC-KAR NC: 2025:KHC:31189 WP No. 22563 of 2025 7. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 42