- 1 - NC: 2025:KHC-K:1599-DB WA No. 200052 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.200052 OF 2025 (LB-ELE) BETWEEN: SMT. SANGEETA W/O NAGESH KAMBALE, AGED ABOUT 38 YEARS, OCC: PRESIDENT, GRAM PANCHYATH ATANOOR R/O ATANOOR VILLAGE TQ. AFZALPUR, DIST. KALABURGI- 585301 …APPELLANT (BY SRI R.S. KADGANCHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDING BENGALOORU-560001 2. THE DEPUTY COMMISSIONER KALABURGI-585101 3. THE ASSISTANT COMMISSIONER KALABURGI-585102 4. THE EXECUTIVE OFFICER TALUKA PANCHAYAT, Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1599-DB WA No. 200052 of 2025 KALABURGI-585102 5. GRAM PANCHAYAT, ATANOOR REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER TQ. AFZALPUR, DIST. KALABURGI-585 301 6. SMT. BISMILLA W/O AYUB PATEL, AGED ABOUT 32 YEARS, OCC: MEMBER AND VP OF GRAM PANCHYATH, ATANOOR. 7. SMT. SANTOSHKUMARI W/O MALLIKARJUN KHARGE, AGED ABOUT 45 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE. 8. SRI MALIKAPPA S/O NINGAPPA PUJARI, AGED ABOUT 35 YEARS, OCC: MEMBER, GRAM PANCHYATH ATANOOR VILLAGE. 9. SMT. SHOBHA W/O GURU PATIL, AGED ABOUT 45 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE. 10. SRI IRANNA GOUDA S/O SHIRAGAPPA GOUDA, AGED ABOUT 34 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE 11. SMT. JAYASHREE W/O SIDHARAM UPPIN, AGED ABOUT 33 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE. 12. SRI SHIVANINGAYYA S/O IRAYYA SUGAIGOLA, AGED ABOUT 35 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE. 13. SRI RAFEEQ S/O MAHIBOOB SAB DADEDAR, AGED ABOUT 34 YEARS, OCC: MEMBER, - 3 - NC: 2025:KHC-K:1599-DB WA No. 200052 of 2025 GRAM PANCHYATH, ATANOOR VILLAGE. 14. SMT. NAGAMMA W/O SHARANAPPA SUTAR, AGED ABOUT 52 YEARS, OCC: MEMBER, GRAM PANCHYATH, ATANOOR VILLAGE. 15. SMT. PARVATI W/O JAGANATH GOLASAR, AGED 32 YRS, OCC: MEMBER, GRAM PANCHAYAT ATANOOR VILLAGE. 16. SRI SHARANAPPA S/O IRANNA JAMADAR, AGED 55 YRS, OCC: MEMBER, GRAM PANCHAYAT, ATANOOR VILLAGE. 17. SMT. BHORAMMA W/O NAGENDRA HALAKARTI, AGED 34 YRS, OCC: MEMBER, GRAM PANCHAYAT ATANOOR VILLAGE. 18. SRI ASIF ALI S/O KHAJABAI NADAF, AGED 35 YRS, OCC: MEMBER, GRAM PANCHAYAT ATANOOR VILLAGE. 19. SMT. SHARIFA BEE W/O BHASHA PATEL, AGED 46 YRS, OCC: MEMBER GRAM PANCHAYAT ATANOOR VILLAGE . RESPONDENT NO 6 TO 19 ALL R/O ATANOOR VILLAGE, TQ. AFZALPUR. DIST- KALABURGI-585301. …RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R3; SRI RAVI B. PATIL, ADVOCATE FOR R6 TO R19) - 4 - NC: 2025:KHC-K:1599-DB WA No. 200052 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE ABOVE WRIT APPEAL AND SET ASIDE THE FINAL ORDER IN WRIT PETITION NO.200516/2025 DATED 27.02.2025 PASSED BY LEARNED SINGLE JUDGE FOR THE REASONS AND GROUNDS MENTIONED HEREIN ABOVE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the order of the learned Single Judge dated 27.02.2025 passed in W.P.No.200516/2025. This Court on 04.03.2025 has passed the following order: “Sri. R. S. Kadaganchi, learned counsel for the appellant submits that he has filed application I.A.No.1/2025 seeking for dispensation of production of copy of the order of learned Single Judge dated 27.02.2025 passed in W.P.No.200516/2025 and he submits that the order copy of learned single judge is not yet released and therefore, it is not available to - 5 - NC: 2025:KHC-K:1599-DB WA No. 200052 of 2025 him. It is further submitted that the learned single judge has proceeded to reject the writ petition without appreciating the various contentions urged by the appellant about the mandate of Rule 3(1) of Karnataka Gram Swaraj and Panchayat Raj (Motion Of No-Confidence Against Adhyaksha And Upadhyaksha Of Grama Panchayat) Rules, 1994 (herein after referred to as the ‘Rules 1994’). It is further submitted that the Assistant Commissioner, to whom the motion of no confidence is moved has made an endorsement at Annexure-F that “This was submitted in my presence to me on 10th February 2025”. This endorsement is not sufficient to meet the requirement of Rule 3(1) of Rules, 1994, which mandate that a written notice of intention to make the motion under the provision of Section 49 should be in Form No.1, singed by 1/3rd members of the total number of members together with the copy of the proposed motion, which shall be delivered in person as specified under sub-section (2) of Section 49 by atleast 2 members. The said endorsement of the Assistant Commissioner does not indicate that the submission of motion of the members is consist of two members. In support of his contentions, he has placed reliance on the judgment of learned single judge in the case of Smt. Manjula B. R. V/s State of Karnataka and others in W.P.No.14224/2022 dated 20.07.2022 and the decision of the full Bench - 6 - NC: 2025:KHC-K:1599-DB WA No. 200052 of 2025 in the case of C. Puttaswamy, etc. V/s Smt. Prema, etc reported in AIR 1992 KAR 356. Thus, he submits that the relevant rules are mandatory in nature and any variation from the same would vitiate the entire process. Hence, he seeks to stay the entire proceedings before the Assistant Commissioner. Per contra, Sri. Ravi B Patil, learned counsel for caveat respondent Nos.13, 16 and 18 submits that the majority of the members have moved the no confidence motion and the appellant cannot shy away from the proceedings by adopting these tactics and he opposes the interim prayer. Learned Additional Government Advocate submits that he would secure instruction from the Assistant Commissioner and make submission. This matter requires detailed consideration. It appears from the records that the authority has not followed the mandate of Rule 3(1) of Rule, 1994. Hence, there shall be an interim order of stay of the order of learned single judge dated 27.02.2025 in W.P.No.200516/2025 and there shall be stay of proceedings of no confidence dated 05.03.2025 to be held at 11:30 a.m. pertaining to Atnoor Gram Panchayat till next date of hearing. Learned Additional Government Advocate is directed to secure original records and make submission. List this matter on 12.03.2025.” - 7 - NC: 2025:KHC-K:1599-DB WA No. 200052 of 2025 2. Learned counsel appearing for the contesting respondents i.e., respondent Nos.6 to 19, who claim to have moved the ‘no confidence motion’, filed a memo for disposal of the writ appeal stating that the purpose of moving ‘no confidence motion’ has become infructuous in view of the interim order dated 04.03.2025. It is submitted that respondent Nos.6 to 19 seek the leave of the Court to move a fresh ‘no confidence motion’ in accordance with law. 3. In view of the said submission, the writ appeal is disposed off as having become infructuous with liberty to the Members of respondent No.5 - Gram Panchayat to move a fresh ‘no confidence motion’ in accordance with law. With the aforesaid liberty, the writ appeal is disposed off. It is made clear that this Court has not expressed any opinion on the merits of the earlier ‘no confidence motion’. - 8 - NC: 2025:KHC-K:1599-DB WA No. 200052 of 2025 In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and they stand disposed of. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE SWK List No.: 1 Sl No.: 16 CT:SI