Karnataka High Court
Rachappa vs The State Of Karnataka And Ors on 15 June, 2022
Bench: S.Vishwajith Shetty
1 W.P.No.201331/2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION NO.201331/2022 (LB-ELE)
BETWEEN:
Sri Rachappa S/o Sharanappa Kamatagi,
Aged about 47 years, Occ: Agriculture/
Adhyaksha, Manoor Gram Panchayat,
R/o. H.No.193, Near Mallikarjun Temple,
Manoor Village, Tq: Sindagi,
Dist: Vijaypur-586120.
... Petitioner
(By Sri S.S.Mamadapur, Advocate)
AND:
1. The State of Karnataka,
Rep. by its Secretary,
Department of Panchayataraj and
Rural Development, M.S.Building,
Bangalore-560001.
2. The Assistant Commissioner,
Indi Sub-Division,
Tq: Indi-586209.
3. The Panchayat Development Officer,
Manoor Gram Panchayat,
Manoor, Tq: Sindagi,
Dist: Vijaypur-586120.
2 W.P.No.201331/2022
4. Smt. Padmavati W/o Devendra Hosmani,
Age: Major, Occ: Household work,
R/o. Bommanjogi, Tq: Sindagi,
Dist: Vijaypur-586120.
5. Sri. Anandkumar S/o. Lakkappa Bhajantri,
Age: Major, Occ: Agriculture,
R/o. Manoor, Tq: Sindagi,
Dist: Vijaypur-586120.
6. Smt. Shantabai W/o Sharanappa Bhajantri,
Age: Major, Occ: Household work,
R/o. Manoor, Tq: Sindagi,
Dist: Vijaypur-586120.
7. Sri. Ambanna S/o Dharamanna Anegundi,
Age: Major, Occ: Agriculture,
R/o. Manoor, Tq: Sindagi,
Dist: Vijaypur-586120.
8. Smt. Geeta W/o Shivayogi Hosmani,
Age: Major, Occ: Household work,
R/o. Manoor, Tq: Sindagi,
Dist: Vijaypur-586120.
9. Sri. Shivaputra S/o Kallappa Hirlakond,
Age: Major, Occ: Agriculture,
R/o. Manoor, Tq: Sindagi,
Dist: Vijaypur-586120.
10. Smt. Laxmibai W/o Shankrappa Naduvinamani,
Age: Major, Occ: Household work,
R/o. Manoor, Tq: Sindagi,
Dist: Vijaypur-586120.
11. Sri. Anil S/o. Bheemsingh Naik,
Age: Major, Occ: Agriculture,
R/o. Manoor, Tq: Sindagi,
Dist: Vijaypur-586120.
3 W.P.No.201331/2022
12. Smt. Surekha W/o Vijaykumar Naik,
Age: Major, Occ: Household work,
R/o. Manoor, Tq: Sindagi,
Dist: Vijaypur-586120.
13. Sri. Vasant S/o Lesu Rathod,
Age: Major, Occ: Agriculture,
R/o. Manoor, Tq: Sindagi,
Dist: Vijaypur-586120.
14. Sri. Abbasali S/o Imamsab Bagwan,
Age: Major, Occ: Agriculture,
R/o. Devoor, Tq: Sindagi,
Dist: Vijaypur-586120.
15. Sri. Kalmesh S/o Gurulingappagouda Bagali,
Age: Major, Occ: Agriculture,
R/o. Devoor, Tq: Sindagi,
Dist: Vijaypur-586120.
16. Smt. Bouramma W/o Chandappa Basavareddy,
Age: Major, Occ: Household work,
R/o. Devoor, Tq: Sindagi,
Dist: Vijaypur-586120.
17. Smt. Laxmibai W/o Sanganagouda Biradar,
Age: Major, Occ: Household work,
R/o. Devoor, Tq: Sindagi,
Dist: Vijaypur-586120.
18. Sri. Mallesh S/o Hoovappa Madar,
Age: Major, Occ: Agriculture,
R/o. Devoor, Tq: Sindagi,
Dist: Vijaypur-586120.
19. Smt. Bharati W/o Tippanna,
Age: Major, Occ: Household work,
R/o. Devoor, Tq: Sindagi,
Dist: Vijaypur-586120.
4 W.P.No.201331/2022
20. Sri. Suresh S/o Ramesh Nayak,
Age: Major, Occ: Agriculture,
R/o. Devoor, Tq: Sindagi,
Dist: Vijaypur-586120.
21. Smt. Shobha W/o Santosh Rathod,
Age: Major, Occ: Household work,
R/o. Devoor, Tq: Sindagi,
Dist: Vijaypur-586120.
22. Smt. Walabai W/o Kesu Rathod,
Age: Major, Occ: Household work,
R/o. Devoor, Tq: Sindagi,
Dist: Vijaypur-586120.
23. Smt. Shantabai W/o Revu Pawar,
Age: Major, Occ: Household work,
R/o. Devoor, Tq: Sindagi,
Dist: Vijaypur-586120.
24. Sri. Ganesh S/o Malkappa Khajapur,
Age: Major, Occ: Agriculture,
R/o. Bommanjogi, Tq: Sindagi,
Dist: Vijaypur-586120.
25. Smt. Rangamma W/o Arjun Solapur,
Age: Major, Occ: Household work,
R/o. Bommanjogi, Tq: Sindagi,
Dist: Vijaypur-586120.
26. Sri. Ningappa S/o Dyavappa Biradar,
Age: Major, Occ: Agriculture,
R/o. Bommanjogi, Tq: Sindagi,
Dist: Vijaypur-586120.
27. Sri. Basavaraj S/o Siddalingappa Kadakol,
Age: Major, Occ: Agriculture,
R/o. Bommanjogi, Tq: Sindagi,
Dist: Vijaypur-586120.
5 W.P.No.201331/2022
28. Smt. Saraswati W/o Tulajaram Hotkar,
Age: Major, Occ: Household work,
R/o. Bommanjogi, Tq: Sindagi,
Dist: Vijaypur-586120.
29. Smt. Sridevi W/o Mahantesh Pawar,
Age: Major, Occ: Household work,
R/o. Bommanjogi, Tq: Sindagi,
Dist: Vijaypur-586120.
30. Smt. Sridevi W/o Kamsingh Chavan,
Age: Major, Occ: Household work,
R/o. Bommanjogi, Tq: Sindagi,
Dist: Vijaypur-586120.
31. Sri. Shantu S/o Sevu Rathod,
Age: Major, Occ: Agriculture,
R/o. Bommanjogi, Tq: Sindagi,
Dist: Vijaypur-586120.
32. Smt. Parubai W/o Bheemu Naik,
Age: Major, Occ: Household work,
R/o. Bommanjogi, Tq: Sindagi,
Dist: Vijaypur-586120.
... Respondents
(Sri M.G. Bhrungimath & Sri. M.R.Angadi, Advocate for C/R-
13 and 20;
Sri Sharanabasappa M.Patil, HCGP for R1 & R2)
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to issue a writ of certiorari
or order or any other direction in the nature of a writ
quashing the notice bearing No.UÁæ¥ÀA:ZÀÄ£ÁªÀu:É C«:¹Dgï:
01:2022-23 dated 30.05.2022 as per Annexure-C issued by
respondent-2 and etc.
6 W.P.No.201331/2022
This petition coming on for Preliminary Hearing this
day, the Court made the following:
ORDER
The petitioner who is the Adhyaksha of Manoor
Grampanchayat, Sindagi Taluk, Vijayapura District has filed
the instant writ petition with a prayer to quash the meeting
notice dated 30.05.2022 issued by the respondent No.2 in
compliance under Rule 3(2) of the of the Karnataka
Panchayat Raj (Motion of No-confidence against Adhyaksha
and Upadhyaksha) Rules, 1994 in Form No.2 fixing the date
of no confidence motion meeting on 16.06.2022.
2. Heard the learned counsel for the petitioner,
learned counsel for the caveator as well as learned High
Court Government Pleader appearing for respondents No.1
and 2.
3. It is the case of the petitioner that he was elected
as Adhyaskha of Manoor Grampanchayat and he has been
discharging his duties without there being any complaint.
When the matter stood thus, out of 30 elected
Grampanchayat Members, 22 of them had submitted a
requisition before the second respondent-Assistant
Commissioner under Rule 3(1) of the of the Karnataka
Panchayat Raj (Motion of No-confidence against Adhyaksha
and Upadhyaksha) Rules, 1994 for fixing the date of meeting
for moving no confidence motion against the petitioner.
Based on the said requisition, the second respondent has
issued the impugned notice on 30.05.2022, fixing the date of
meeting for moving no confidence motion on 16.06.2022.
Being aggrieved by the same, the petitioner is before this
court.
4. Learned counsel for the petitioner submits that
the requisition submitted by the Members is not in
compliance of Rule 3(1) of the of the Karnataka Panchayat
Raj (Motion of No-confidence against Adhyaksha and
Upadhyaksha) Rules, 1994. He also submits that though the
meeting notice is dated 30.05.2022, the same was only
dispatched on 31.05.2022 and was received by the petitioner
on 04.06.2022 and therefore there is no clear 15 days notice
to the petitioner.
5. Per contra, learned counsel appearing for the
caveator as well as learned High Court Government Pleader
opposes the petition on the ground that the writ petition filed
by the Adhyaksha cannot be maintained in view of the
judgment of this Court in the case of Abdul Razak vs.
Assistant Commissioner, Davangere1. They also submits
that this Court in the case of Gouri Shankar vs. The
Assistant Commissioner and others2 has held that the
date of dispatch of notice has to be take into consideration
and not the date of receipt for compliance of the requirement
of Rule 3(2) of the of the Karnataka Panchayat Raj (Motion of
No-confidence against Adhyaksha and Upadhyaksha) Rules,
1994.
6. I have given my anxious consideration to the
arguments advanced by the learned counsel for both the
parties.
7. The Coordinate Bench of this Court in the case of
Abdul Razak (supra) has held that a writ petition filed by
2005(1) Kar.L.J 230
Writ Petition No.100123/2014 dtd. 08.01.2014
the Adhyaksha challenging the validity of the notice on the
ground of procedural irregularities alleging improper service
without the copy of the proposed no confidence motion etc.
need not be entertained by this Court and any irregularity in
the notice need not be enquired by this Court in exercise of
its extraordinary power under Article 226 of the Constitution
of India.
8. It has been held in the said case that any
irregularity, assuming that it is there, it is not one which is
required to be examined at the instance of a person like the
'Adhyaksha' who obviously does not envy the situation of
facing no-confidence motion and is eager to have the same
quashed by calling in aid technicalities. It is a settled
principle of law that in a democratic set up the will of
majority is required to prevail.
9. It is undisputed fact that, out of 30 Members, 22
Members have signed the requisition which has been
submitted to the Assistant Commissioner. Under the
circumstances, I find merit in the contentions urged by the
learned counsel appearing on behalf of the respondents that
the writ petition filed by the Adhyaksha need not be
entertained.
10. In the case of Gouri Shankar (supra) the
Coordinate Bench of this Court has held that for the purpose
of compliance of Rule 3(2) of the of the of the Karnataka
Panchayat Raj (Motion of No-confidence against Adhyaksha
and Upadhyaksha) Rules, 1994, the date of dispatch of the
meeting notice is the relevant factor and not the date of
receipt of said notice.
11. Under the circumstances, I find no merit in the
contention urged by the learned counsel for the petitioner in
support of the prayer made by him in the writ petition which
has been filed by the Adhyaksha as against whom the no
confidence motion is now moved. Therefore, I decline to
entertain the writ petition and accordingly the same is
dismissed.
Sd/-
JUDGE
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