- 1 - NC: 2025:KHC-K:1410 WP No.200588 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.200588 OF 2025 (LB-ELE) BETWEEN: SMT. SIDDAMMA W/O ANJAINEYYA, AGE: 53, MEMBER AND PRESIDENT (SC-W) SHAKAWADI GRAM PANCHAYAT, TALUK AND DISTRICT RAICHUR, R/O: KUDLOOR, TALUK AND DISTRICT RAICHUR- 584 135. …PETITIONER (BY SRI S.S.HALALLI, ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, RAICHUR – 584 101. 2. THE ASSISTANT COMMISSIONER, RAICHUR SUB-DIVISION, RAICHUR - 584 101. 3. THE EXECUTIVE OFFICER, TALUK PANCHAYAT, RAICHUR – 584 101. 4. PANCHAYAT DEVELOPMENT OFFICER (PDO) SHAKAWADI GRAM PANCHAYAT, TALUK AND DISTRICT, RAICHUR -584 135. Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1410 WP No.200588 of 2025 5. SMT. JAYAMMA W/O NAGESH, MEMBER, SHAKAWADI GRAM PANCHAYAT, R/O: SHAKAWADI, TALUK AND DISTRICT, RAICHUR – 584 135. 6. SMT. GURULINGAMMA BUKKA W/O NAGARAJ BUKKA, MEMBER, SHAKAWADI GRAM PANCHAYAT, R/O: SHAKAWADI, TALUK AND DISTRICT, RAICHUR – 584 135. 7. THIMMAPPA KEREKATTE S/O BHIMMANNA KEREKATTE, MEMBER, SHAKAWADI GRAM PANCHAYAT, R/O: SHAKAWADI, TALUK AND DISTRICT, RAICHUR – 584 135. 8. MALLESH PUJARI S/O ANJAINEYYA PUJARI, MEMBER AND VICE-PRESEIDENT, SHAKAWADI GRAM PANCHAYAT, R/O: SHAKAWADI, TALUK AND DISTRICT, RAICHUR – 584 135. 9. SMT. SHARDAMMA W/O RAMMAPPA, MEMBER, SHAKAWADI GRAM PANCHAYAT, R/O: KUDLUR, TALUK AND DISTRICT, RAICHUR – 584 135. 10. SMT. LAKSHMI W/O SRINIVAS, MEMBER, SHAKAWADI GRAM PANCHAYAT, R/O: PALKAMDODDI, POST: KATLATKUR TALUK AND DISTRICT, RAICHUR – 584 135. 11. PRANESH S/O HANUMANTHA, MEMBER, SHAKAWADI GRAM PANCHAYAT, R/O: PALKAMDODDI, POST: KATLATKUR, - 3 - NC: 2025:KHC-K:1410 WP No.200588 of 2025 TALUK AND DISTRICT, RAICHUR - 584 135. 12. MAHBOOB S/O GUDSAB, MEMBER, SHAKAWADI GRAM PANCHAYAT, R/O: KUDLUR, TALUK AND DISTRICT, RAICHUR – 584 135. 13. HANUMANTHA S/O HUSSAINAPPA, MEMBER, SHAKAWADI GRAM PANCHAYAT, SANKANUR, TALUK AND DISTRICT, RAICHUR – 584 135. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, A.G.A. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR OTHER ORDER IN THE LIKE NATURE, QUASHING THE NOTICE DATED 14-02-2025 VIDE NO.REVENUE/ELECTION/2024-25 ANNEXURE-D ISSUED BY THE SECOND RESPONDENT ASSISTANT COMMISSIONER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARINT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner. The petitioner is assailing the notice dated 14.02.2025, marked at Annexure-D, issued by the Assistant Commissioner, who fixed the date to decide on the No Confidence Motion, based on a requisition made by respondent Nos.5 to 13. - 4 - NC: 2025:KHC-K:1410 WP No.200588 of 2025 2. Learned counsel for the petitioner who submits that all the respondents indulged in corruption and misappropriated the funds of the Panchayath and petitioner objected to the same and for this reason, respondents 5 to 13 have ganged up together and moved a requisition to express no confidence against the petitioner. 3. After going through to the records, it is noticed that, the basic requirement to requisition the No Confidence Motion is met and notices are issued by following the procedure prescribed. Whether the petitioner can be subjected to No confidence Motion and what is the intention of the respondent Nos.5 to 13 in moving the No Confidence Motion against the petitioner has to be discussed in the very meeting fixed, for the purpose. Hence, this Court does not interfere with the notice. 4. However, few things are observed here merely because the writ petition is not entertained it does not mean that the petitioner has to be removed from the office of Adhayksha. Whether the petitioner has to be removed or not is to be decided in the meeting scheduled. In case, the respondent Nos.5 to 13 have misappropriated the funds of - 5 - NC: 2025:KHC-K:1410 WP No.200588 of 2025 Panchayath, the petitioner is at liberty to take appropriate action as available under law, despite dismissal of the petition. 5. With these observations, this writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM List No.: 2 Sl No.: 17