- 1 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 20789 OF 2025 (LB-RES) C/W WRIT PETITION NO. 18813 OF 2025 (LB-RES) IN WP No. 20789/2025 BETWEEN: 1. SRI DILIPA B T S/O LATE THIMMEGOWDA B.G AGED ABOUT 35 YEARS R/AT BYRAPATNA VILLAGE MALURU HOBLI CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160. 2. SRI. RAJU S S/O LATE NATAIAH AGED ABOUT 55 YEARS R/AT BYRAPATNA VILLAGE MALURU HOBLI CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160. 3. SMT. RASHMI W/O SIDDARAJU AGED ABOUT 32 YEARS R/AT BYRAPATNA VILLAGE Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 MALURU HOBLI CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160 4. SRI. M.V MURALIDHAR S/O VENKATESH AGED ABOUT 40 YEARS R/AT DODDAMALURU VILLAGE MALURU HOBLI CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160 5. SMT. SUSHEELAMMA, W/O LATE RACHAIAH AGED ABOUT 50 YEARS R/AT BYRAPATNA VILLAGE MALURU VILLAGE CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160 6. SRI. MAHESH B.N, S/O NARAYANAGOWDA AGED ABOUT 55 YEARS R/AT BYRAPATNA VILLAGE MALURU VILLAGE CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160 7. SRI. H. PRAKASH, S/O LATE EBRAIAH AGED ABOUT 56 YEARS R/AT DODDAMALURU VILLAGE MALURU HOBLL CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160 - 3 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 8. SMT. MEENAKSHI, W/O B.S.KRISHNA AGED ABOUT 48 YEARS R/AT BYRAPATNA VILLAGE MALURU VILLAGE CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160 9. SMT. SUSHEELA W/O VENKATESH AGED ABOUT 42 YEARS R/AT DODDAMALURU VILLAGE MALURU HOBLI CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160 10. SRI. VENKATESH, S/O CHIKKEGOWDA AGED ABOUT 50 YEARS R/AT KOTAMARANAHALLI VILLAGE MALURU HOBLI CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160 11. SMT. SUSHMASHREE, W/O RAJESH KUMAR M.D AGED ABOUT 35 YEARS R/AT DODDAMALURU VILLAGE MALURU HOBLI CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160 …PETITIONERS (BY SRI.VARUN JAYKUMAR PATIL., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU-560001 2. THE ASSISTANT COMMISSIONER RAMANAGAR SUB DIVISION RAMANAGAR DISTRICT 3. MALURU GRAM PANCHAYAT, MALUR HOBLI CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160. REPRESENTED BY ITS CEO 4. SRI. CHETHAN KUMAR B.P, S/O BOREGOWDA AGED ABOUT 32 YEARS R/AT BYRAPATNA VILLAGE MALURU VILLAGE CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT-562160. …RESPONDENTS (BY SRI.H K KENCHEGOWDA., AGA FOR R1 & R2 SRI M S DEVARAJU., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED PRAYING TO QUASH THE IMPUGNED COMMUNICATION BEARING NO.ELN/CR/86/2024- 25 DATED 03.07.2025 PASSED BY THE R2 VIDE ANNEXURE -G - 5 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 AND DIRECTING THE R2 TO PROCEED WITH THE MEETING DATED 18.07.2025 AS PER ANNEXURE-F ETC IN WP NO. 18813/2025 BETWEEN: 1. SRI CHETHAN KUMAR B P S/O SRI BOREGOWDA AGED ABOUT 32 YEARS RESIDING AT BYRAPATNA VILLAGE CHANNAPATNA TALUK BENGALURU SOUTH DISTRICT ...PETITIONER (BY SRI. THILAKRAJ S.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF PANCHAYATHRAJ RURAL DIVISION VIDHANA SOUDHA BENGALURU-560001 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION RAMANAGARA BENGALURU SOUTH DISTRICT- 562159 3. THE PANCHAYATH DEVELOPMENT OFFICER MALUR VILLAGE PANCHAYATH, CHANNAPATNA TALUK, RAMANAGARA, - 6 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 BENGALURU SOUTH DISTRICT-562160 4. SRI MAHESH B N S/O SRI NARAYANAGOWDA, AGED ABOUT 55 YEARS, RESIDING AT BYRAPATNA VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT-562160 5. SMT. NAGAMMA W/O SRI HOMBALAIAH, AGED ABOUT 42 YEARS, RESIDING AT KOTAMARANAHALLI VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, RAMANGARA, BENGALURU SOUTH DISTRICT-562160 6. SRI RAJU S/O LATE NADAIAH, AGED ABOUT 55 YEARS, RESIDING AT MALURU HOBLI, CHANNAPATNA TALUK, RAMANAGARA, BENGALURU SOUTH DISTRICT-562160 7. SMT. SUSHMASHREE W/O SRI RAJESH KUMAR M D, AGED ABOUT 35 YEARS RESIDING AT DODDA MALURU VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, RAMANAGARA, BENGALURU SOUTH DISTRICT-562160 - 7 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 8. SMT. RASHMI W/O SRI SIDDARAJU, AGED ABOUT 32 YEARS, RESIDING AT BYRAPATNA VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT-562160 9. SRI DILEEP B T S/O LATE THIMMEGOWDA B G AGED ABOUT 35 YEARS, RESIDING AT BYRAPATNA VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT-562160 10. SMT. SUSHEELA W/O VENKATESH, AGED ABOUT 42 YEARS, RESIDING AT DODDAMALURU VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT-562160 11. SMT. SUSHEELAMMA W/O LATE RACHAIAH, AGED ABOUT 50 YEARS, RESIDING AT BYRAPATNA VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT-562160 - 8 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 12. SMT. MEENAKSHI W/O B S RACHAIAH, AGED ABOUT 50 YEARS, RESIDING AT BYRAPATNA VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT-562160 13. SRI. VENKATESH S/O CHIKKEGOWDA, AGED ABOUT 48 YEARS, RESIDING AT KOTAMARENAHALLI VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT-562160 14. SRI M V MURALIDHARA S/O SRI VENKATESH, AGED ABOUT 40 YEARS, RESIDING AT DODDAMALURU VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT-562160 ...RESPONDENTS (BY SRI.H K KENCHEGOWDA, AGA FOR R1 & R2 SRI M S DEVARAJU, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED PRAYING TO QUASH THE MOTION OF NO CONFIDENCE PLACED AT THE HANDS OF THE R2 BY THE R4 TO 14 DATED 03.06.2025 AS PER ANNEXURE-B AND GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS IN PURSUANCE TO THE MOTION OF NO CONFIDENCE PLACED AT THE HANDS OF THE R2 BY - 9 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 THE R4 TO 14 DATED 03.06.2022 AS PER ANNEXURE-B, PENDING DISPOSAL OF THIS WRIT PETITION. THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition filed in WP.No.18813/2025 is by the Adhyaksha, who is subjected to no confidence motion. In the said petition, the Petitioner/Adhyaksha has questioned the proposed motion of no confidence dated 03.06.2025. This court stayed the said meeting vide interim order dated 30.06.2025. 2. This Court, while granting interim relief in W.P. No. 18813/2025 by staying the meeting scheduled on 03.06.2025, observed that the Assistant Commissioner had acted contrary to the procedure prescribed under Rule 3(2) of the Karnataka Grama Swaraj and Panchayatraj (Motion of No Confidence Against the Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994. The Rule - 10 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 mandates that a clear 15 days’ notice must be given prior to convening such a meeting. Since this mandatory requirement had not been complied with, the proposed meeting dated 03.06.2025 was stayed by this Court. Following the said interim order, the elected members of the Gram Panchayat submitted a fresh requisition for a no confidence motion, as evidenced by Annexure-D in W.P. No. 20789/2025, filed by the same members who had earlier initiated the motion. 3. It is unfortunate that Respondent No.2 – the Assistant Commissioner has misinterpreted the interim order passed in W.P. No. 18813/2025 and has consequently deferred the meeting that was scheduled on 18.07.2025. Aggrieved by this action, the members of the Gram Panchayat have approached this Court again in W.P. No. 20789/2025. 4. Upon a closer examination of the conduct of the Assistant Commissioner in both writ petitions, it prima - 11 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 facie appears that either the Assistant Commissioner lacks proper understanding of the procedure laid down under Rule 3 of the 1994 Rules, or that the actions are deliberate and influenced by extraneous considerations. Both possibilities appear to be plausible in the present case. 5. The learned Senior Counsel appearing for the Adhyaksha in W.P. No. 18813/2025 contends that since the motion of no confidence was initially scheduled for 03.06.2025, the 30-day statutory outer limit under the Rules expired on 02.07.2025. On this ground, he submits that W.P. No. 18813/2025 has become infructuous. 6. Recording the said submission, W.P. No. 18813/2025 stands disposed of as having become infructuous. 7. Insofar as W.P. No. 20789/2025 is concerned, this Court notes that the requisition for the no confidence motion was submitted by the Gram Panchayat members on 24.06.2025. Therefore, the 30-day period prescribed - 12 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 under the Rules would expire on 24.07.2025. The action of Respondent No.2/Assistant Commissioner in deferring the meeting is manifestly arbitrary and is based on an erroneous understanding of the interim order passed in W.P. No. 18813/2025. The stay order in the earlier petition pertained only to the requisition dated 03.06.2025. Realizing that the outer limit of 30 days was likely to be exhausted in respect of that requisition, the members appear to have submitted a fresh requisition on 24.06.2025. Upon receipt of the said requisition, the Assistant Commissioner was duty-bound to act in accordance with Rule 3 of the 1994 Rules. As per Rule 3(1), members desiring to move a no confidence motion against the Adhyaksha or Upadhyaksha must submit a written notice in Form No.1, signed by not less than the number of members specified in Section 49(1) of the Act. Thereafter, under Rule 3(2), the Assistant Commissioner is mandated to issue a notice giving a clear 15 days’ time and schedule a meeting for consideration of the no - 13 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 confidence motion. The failure to follow this procedure vitiates the action of Respondent No.2. 8. The procedure prescribed under Rule 3(1) and Rule 3(2) of the Karnataka Grama Swaraj and Panchayatraj (Motion of No Confidence Against the Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 is mandatory in nature and must be followed in its true spirit. However, in the present case, the Assistant Commissioner has failed to comply with the statutory requirements on both occasions first, while scheduling the meeting dated 03.06.2025, and again while dealing with the subsequent requisition dated 24.06.2025. It is evident that, due to this repeated non-compliance, the Adhyaksha has been the ultimate beneficiary, having effectively avoided the no confidence motions initiated against him by the elected members. The arbitrary conduct of Respondent No.2 – the Assistant Commissioner has had the effect of frustrating the democratic process envisaged under the Act and the Rules. The elected members who had lost - 14 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 confidence in the Adhyaksha were thus denied an opportunity to test that loss of confidence through a lawful and time-bound democratic mechanism. This Court is of the opinion that the conduct of the Assistant Commissioner, which has twice resulted in the no confidence motion being rendered infructuous, warrants a detailed inquiry. This is a fit case where the Deputy Commissioner is directed to hold an enquiry into the actions of Respondent No.2 for his failure to discharge his duties in accordance with Rule 3 of the 1994 Rules and for defeating the democratic will of the elected members of the Panchayat. 9. It is also unfortunate to note that due to the erroneous deferral of the no confidence meeting by way of the impugned endorsement dated 03.07.2025 (produced at Annexure-G), even the second attempt to convene a valid meeting has now become infructuous. This failure is squarely attributable to the inaction and misinterpretation of the Rules by the Assistant Commissioner. The statutory - 15 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 outer limit of 30 days from the date of the second requisition has now lapsed, once again preventing the motion from being put to vote. Such repeated administrative lapses undermine the spirit of democratic governance at the grassroots level. 10. Be that as it may, this Court deems it necessary to issue a clear and categorical direction to the 2nd Respondent – the Assistant Commissioner to ensure that no further irregularities are committed in processing any future requisitions for a no confidence motion. In the event the members of the Gram Panchayat submit a fresh requisition, strictly in accordance with Rule 3(1) of the 1994 Rules, it is incumbent upon the Assistant Commissioner to act without delay, bias, or influence of vested interests. The Assistant Commissioner shall scrupulously adhere to the mandate of Rule 3(2) and ensure that a clear 15 days’ notice is issued, and that the meeting is conducted in a transparent, fair, and democratic manner. Any deviation from the procedure - 16 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 would amount to deliberate subversion of the statutory safeguards granted to the elected representatives of Gram Panchayat. 11. With these observations and directions, the writ petitions stand disposed of. However, liberty is reserved to the members of the Gram Panchayat to initiate a fresh requisition for moving a no confidence motion, if they so desire, in accordance with law. 12. A copy of this order shall be forwarded to the Deputy Commissioner concerned, who shall independently examine the conduct of Respondent No.2 – the Assistant Commissioner – in relation to the failure to adhere to the mandatory procedure prescribed under Rule 3 of the Karnataka Grama Swaraj and Panchayatraj (Motion of No Confidence Against the Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994. The Deputy Commissioner shall, after due verification of the relevant records and - 17 - HC-KAR NC: 2025:KHC:27986 WP No. 20789 of 2025 C/W WP No. 18813 of 2025 circumstances, initiate appropriate proceedings and take necessary action, if warranted, in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE RJ List No.: 1 Sl No.: 28