- 1 - HC-KAR NC: 2025:KHC:39876 WP No. 27352 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO.27352 OF 2025 (LB-RES) BETWEEN: SMT.FARHANAAZ M W/O LATE MR HAAROON MIRZA AGED ABOUT 38 YEARS PRESIDENT OF KAREKATTE GRAMA PANCHAYTHI R/AT: KAREKATTE VILLAGE CHANNAGIRI TALULK DAVANAGERE 577544 …PETITIONER (BY SRI.SATYANAND B S, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ 3RD FLOOR, M S BUILDING 3RD GATE, AMBEDKAR VEEDHI BENGALURU, KARNATAKA - 560 001 BY ITS PRINCIPAL SECRETARY 2. THE ASSISTANT COMMISSIONER HONNALI SUB DIVISION, HONNALI DAVANAGERE - 577217 3. KAREKALLU GRAMA PANCHAYATHI KAREKALLU VILLAGE, SANTHEBENNUR - 2 HOBLI, CHANNAGIRI TALUK Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39876 WP No. 27352 of 2025 DAVANAGERE - 577 544 BY ITS PANCHAYATH DEVELOPMENT OFFICER …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, ADVOCATE FOR R.1 AND R.2; SRI.N.R.JAGADEESWARA, ADVOCATE FOR R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED NOTICE BEARING NO.CHUNAVANE CR/52/2025-26 DATED 25/08/2025 ISSUED BY THE 2ND RESPONDENT, AS PER ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged the impugned Notice bearing No.CHUNAVANE CR/52/2025-26 dated 25.08.2025 issued by respondent No.2 to consider a 'No-Confidence Motion' against her. 2. The petitioner is the President of Karekatte Grama Panchayat. The members of respondent No.3 submitted a representation before respondent No.2 expressing lack of confidence in the petitioner and requested him to convene a - 3 - HC-KAR NC: 2025:KHC:39876 WP No. 27352 of 2025 meeting to consider a 'No-Confidence Motion' against the petitioner. 3. Respondent No.2 issued a notice dated 25.08.2025 proposing a meeting on 09.09.2025. The petitioner contends that notice of the 'No-Confidence Motion' was served on 03.09.2025 and therefore, there was no 15 days clear notice to the petitioner. The petitioner is, therefore, before this Court challenging the meeting held on 09.09.2025 and prays for quashing the impugned notice dated 25.08.2025 issued by respondent No.2 as per Annexure-A. 4. In terms of an order dated 09.09.2025, this Court has held that the result of the 'No-Confidence Motion' scheduled on 09.09.2025 would not be given effect to without the leave of the Court. It is now stated by the learned counsel for the petitioner that despite the order dated 09.09.2025, a 'No-Confidence Motion' was given effect to and the petitioner is removed from the post of the President of the Panchayat and the Vice President is now officiating in his post. 5. The learned counsel for the petitioner submits that under Rule 3(2) of the Karnataka Panchayat Raj (Motion of - 4 - HC-KAR NC: 2025:KHC:39876 WP No. 27352 of 2025 No-Confidence Against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short, 'the Rules, 1994'), respondent No.2 ought to have served notice of 'No-Confidence Motion' by giving 15 days clear notice. He contends that the notice was served on 03.09.2025 and the meeting was scheduled on 09.09.2025 and therefore, it was in clear violation of Rule 3(2) of the Rules, 1994. He further contends that though this Court had held that the proceedings of the meeting dated 09.09.2025 shall not be given effect to without the leave of the Court, the Vice President of the Panchayat has taken over as the President of the Panchayat. He, therefore, prays that the position of the petitioner as the President of the Panchayat be restored. 6. Learned counsel for respondent No.3 submits that the notice of 'No-Confidence Motion' was served on the petitioner on 03.09.2025. He, however, submits that the notice is in compliance with Rule 3(3) of the Rules, 1994. He contends that in similar circumstances, a Co-ordinate Bench of this Court in W.P.No.31799/2024 c/w W.P.No.32470/2024 had held that the Rules, 1994 does not contemplate 15 days clear notice from the date on which the members are served. He, therefore, - 5 - HC-KAR NC: 2025:KHC:39876 WP No. 27352 of 2025 contends that the service of notice on the petitioner is just and proper and does not warrant any interference. He contends by inadvertence the Vice President of the Panchayat had taken over as the President of the Panchayat. 7. The learned AGA reiterated the submissions of the learned counsel for respondent No.3 and submitted that the petitioner is not prejudiced by not complying with Rule 3 of the Rules, 1994 and therefore, submits that the 'No-Confidence Motion' may be given effect to. 8. I have considered the submissions of the learned counsel for the petitioner, learned AGA for respondent No.2 and the learned counsel for respondent No.3. 9. The members of the Panchayath had submitted a representation on 22.08.2025 in Form I expressing No Confidence in the petitioner. The respondent No.2 issued a notice dated 25.08.2025 and served a copy of the notice to the petitioner on 03.09.2025 indicating that a meeting is scheduled on 09.09.2025. The relevant portion of Rule 3 of the Rules, 1994 is extracted below. - 6 - HC-KAR NC: 2025:KHC:39876 WP No. 27352 of 2025 "3. Motion of No-Confidence - (1) A written notice of intention to make the motion under the proviso to Section 49 shall be in Form I signed by 1(not less than specified in Section 49(1)) of the total number of members together with a copy of the proposed motion shall be delivered in person 2 (xxxxx) by any two of the members signing the notice to the Assistant Commissioner. (2) 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 3(x x x x x): 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 giving to the members, a notice of not less than fifteen clear days of such adjourned meeting. (3) A notice is Form II shall be given to every member including the Adhyaksha and Upadhyaksha:- (a) by delivering or tendering the said notice to such member; or (b) If such member is not found, by leaving such notice at his last known place of resident or business within the Grama Panchayat or by - 7 - HC-KAR NC: 2025:KHC:39876 WP No. 27352 of 2025 giving or tendering the same to some adult member or servant of his family; or (c) by registered posts; or (d) If none of the means aforesaid be available, by affixing such notice on some conspicuous part of the house, if any, in which the member is known to have last resided or carried on business within the Grama panchayat. (4) The quorum for such meeting shall be two thirds of the total number of members of the Grama Panchayat. The Assistant Commissioner shall preside at such meeting. Explanation.- For determination of two third of total number of members under this sub-rule any fraction arrived at shall be construed as one. (5) Save or otherwise provided in the Act or these rules, a meeting convened for the purpose of considering a motion under sub-rule (2) shall not for any reason be adjourned. (6) If there is no quorum, within one hour after the time appointed for the meeting, the meeting shall stand dissolved and the notice given under sub- rule (1) shall lapse. (7) xxx (8) xxx (9) xxx (10) xxx (11) xxx" Under Rule 3(2) of the Rules, 1994, it is incumbent upon the respondent No.2 to serve notice in Form II to every member including the Adhyaksha and Upadhyaksha and such - 8 - HC-KAR NC: 2025:KHC:39876 WP No. 27352 of 2025 notice should be not less than 15 clear days prior to such meeting as prescribed under Rule 3(2) of the Rules, 1994. 10. The purpose of granting 15 days notice is to put the President of the Panchayat on notice about the intended motion, so that he could take necessary steps to convince the Members to vote against the 'No-Confidence Motion'. Under the circumstances, in the instant case, there was no proper service of notice of the 'No-Confidence Motion' against the petitioner. Therefore, the impugned notice issued to the petitioner dated 25.08.2025 proposing to convene a meeting on 09.09.2025 is liable to be quashed. 11. Though this Court had specifically directed that the proceedings of the meeting dated 09.09.2025 shall not be given effect to without the leave of the Court, yet Vice President of the Panchayat has taken over the post of the President of the Panchayat that too without the leave of the court. Therefore, respondent Nos.2 and 3 are bound to restore the position of the petitioner as the President of the Panchayath. - 9 - HC-KAR NC: 2025:KHC:39876 WP No. 27352 of 2025 12. In view of the above, this Court has passed the following; ORDER (i) The petition is allowed. (ii) The impugned notice dated 25.08.2025 issued by the respondent No.2 as per Annexure-A is hereby quashed. (iii) Respondent Nos.2 and 3 are directed to immediately restore the position of the petitioner as the President of the Panchayath. (iv) It is open for respondent No.2 to fix a fresh date to convene a meeting of the members of the Panchayath to consider the No- Confidence Motion. (v) It is needless to mention that if the petitioner fails or avoids to receive the notice, respondent No.2 may take steps as provided under Rule 3(3) of Rules, 1994 to serve the notice. It is also open for respondent No.2 to serve the notice to the petitioner through WhatsApp or any other known means of communication. - 10 - HC-KAR NC: 2025:KHC:39876 WP No. 27352 of 2025 In view of disposal of the writ petition, I.A.Nos.1/2025 and 2/2025 stand disposed off. Sd/- (R. NATARAJ) JUDGE NBM List No.: 1 Sl No.: 23