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2025 DAILYLAW 70445 (KAR)

J. PAPALINGA v. STATE OF KARNATAKA

WP/11476/2025 · 2025-10-31

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43673 WP No. 11476 of 2025 C/W WP No. 10035 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 11476 OF 2025 (LB-RES) C/W WRIT PETITION NO. 10035 OF 2025 (LB-RES) IN WP No. 11476/2025: BETWEEN: J. PAPALINGA S/O. LATE JAGALURAPPA, AGED ABOUT 47 YEARS, COUNCILOR OF 18TH WARD, PATTANA PANCHAYATIH, JAGALUR, R/O. IMAM BADAVANE, JAGALUR TOWN, DAVANGERE DISTRICT - 570 002. …PETITIONER (BY SRI. PAVAN KUMAR G., ADVOCATE) AND: 1. STATE OF KARNATAKA R/P BY SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER DAVANAGERE SUB DIVISION, DAVANAGERE - 577 002. 3. THE JAGALURU TOWN PANCHAYATH R/P BY CHIEF OFFICER JAGLURU, DAVANAGERE DIST - 577 528. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43673 WP No. 11476 of 2025 C/W WP No. 10035 of 2025 4. K.S.NAVEEN KUMAR KRISHNA NAYAKA B N AGED ABOUT 49 YEARS, PRESIDENT, JAGALURU TOWN PANCHAYATH, R/O NO.37, KRISHNA BADAVANE, JAGLUR TOWN, DAVANAGERE DIST - 577 528. …RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R1 AND R2; SRI. MAHESH R. UPPIN, ADVOCATE FOR R3; SRI. D.C.PARAMESHWARAIAH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATION DTD. 05.04.2025 VIDE ANNX-E AND QUASH OF PUBLISHING THE RESULT OF THE NO CONFIDENCE MOTION IN PRESS MEDIA BY WAY OF NEWS PAPER DTD. 06.04.2025 IN KANNADA DAILY PRAJAVANI BY THE R-2 VIDE ANNX-F AND ETC., IN WP NO. 10035/2025 BETWEEN: K S NAVEEN KUMAR S/O KRISHNA NAYAKA B N., AGED ABOUT 49 YEARS, PRESIDENT, JAGALURU TOWN PANCHAYATH, R/O NO.37, KRISHNA BADAVANE, JAGLUR TOWN, DAVANAGERE DIST - 577 528. ...PETITIONER (BY SRI. PARAMESWARAIAH D.C., ADVOCATE) AND: 1. STATE OF KARNATAKA R/P BY SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, - 3 - HC-KAR NC: 2025:KHC:43673 WP No. 11476 of 2025 C/W WP No. 10035 of 2025 BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER DAVANAGERE SUB DIVISION, DAVANAGERE - 577 002. 3. THE JAGALURU TOWN PANCHAYATH R/P BY CHIEF OFFICER, JAGLURU, DAVANAGERE DIST - 577 528. 4. SMT. G.B.LOKAMMA W/O OBANNA, AGED ABOUT 35 YEARS, TOWN PANCHAYATH MEMBER, JAGALURU, DAVANAGERE DIST - 577 528. 5. SMT. NIRMALA KUMARI W/O HANUMANTHAPPA H, AGED ABOUT 33 YEARS, TOWN PANCHAYATH MEMBER, JAGALURU, DAVANAGERE DIST - 577 528. 6. SMT. B. SAROJAMMA W/O HANUMANTHAPPA M AGED ABOUT 54 YEARS, TOWN PANCHAYATH MEMBER, JAGALURU, DAVANAGERE DISTRICT - 577 528. 7. SRI. DEVARAJ AGED ABOUT 36 YEARS S/O. MALLAPPA, TOWN PANCHAYATH MEMBER, JAGALURU, DAVANAGERE DIST - 577 528. 8. SMT. T.LALITA W/O P.M.SHIVANNA AGED ABOUT 50 YEARS, TOWN PANCHAYATH MEMBER, JAGALURU, DAVANAGERE DIST - 577 528. 9. SRI. PAPALINGA S/O JAGALURAPPA, - 4 - HC-KAR NC: 2025:KHC:43673 WP No. 11476 of 2025 C/W WP No. 10035 of 2025 AGED ABOUT 46 YEARS, TOWN PANCHAYATH MEMBER, JAGALURU, DAVANAGERE DIST - 577 528. ...RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R1 & R2; R3, R4, R5, R7, R8, R9 ARE SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE NO.CHUNAVANE:CR:84/2024-25 DTD. 26.03.2025 ISSUED BY THE R-2 ASSISTANT COMMISSIONER DAVANAGERE SUB DIVISION VIDE ANNX-C TO THE WP AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner in W.P.No.11476/2025 has sought for a writ in the nature of mandamus to consider his representation dated 05.04.2025 to postpone the meeting scheduled on 05.04.2025 and fix a fresh date for a meeting. He has also challenged the result of the meeting held on 05.04.2025 which was published in Prajavani, a Kannada daily on 06.04.2025 which reported that the meeting dated 05.04.2025 was not held due to lack of quorum. He has sought for a direction to hold a fresh meeting. - 5 - HC-KAR NC: 2025:KHC:43673 WP No. 11476 of 2025 C/W WP No. 10035 of 2025 2. It appears from Annexure-G filed along with I.A.No.1/2025 that though the meeting scheduled on 05.04.2025 was held, there was no quorum and therefore, the meeting stood cancelled. Consequently, no business was transacted on 05.04.2025. The grievance of the petitioner is that the respondent No.2 must have fixed a fresh date when there was no quorum. However, in the representation dated 05.04.2025, the petitioner and other members have claimed that notices were not issued to the Members of Legislative Assembly and the Members of Parliament. If that be so, the respondent No.2 was justified in not adjourning the meeting. 3. The petitioner in W.P.No.10035/2025 had also challenged the notice of meeting of the members of the Town Panchayat held on 05.04.2025 and this Court while considering the petition, had granted an interim order permitting the motion of no confidence to be proceeded with, but directed that the result of such motion shall not be given effect to, and the same shall be subject to result of this writ petition. - 6 - HC-KAR NC: 2025:KHC:43673 WP No. 11476 of 2025 C/W WP No. 10035 of 2025 4. Now, that the no confidence motion was not carried in the meeting held on 05.04.2025 for want of quorum, both these writ petitions have become infructuous. 5. Consequently, both these writ petitions are dismissed as having become infructuous. 6. It is however open for the members to move a fresh motion of no confidence in accordance with law, if they are so advised. 7. In view of dismissal of main petitions, pending interlocutory applications if any, do not survive for consideration and same stand rejected. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 18