Shankargouda S/O Bhimaray And Ors vs The State Of Karnataka And Ors
2022 Latest Caselaw 8966 Kant

                             1      W.P.No.201373/2022


           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

        DATED THIS THE 16TH DAY OF JUNE, 2022

                         BEFORE

     THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

      WRIT PETITION No.201373/2022 (LB-ELE)


BETWEEN:

1.     Shankargouda S/o Bhimaray,
       Age: 38 years, Occ: President of
       Gram Panchayat Kachapura,
       Tq: Yadrami, Dist: Kalaburagi.

2.     Shantagouda S/o Keshavaraya,
       Age: 33 years, Occ: Member of
       Gram Panchayat Kachapura,
       Tq: Yadrami, Dist: Kalaburagi

3.     Abbasabi W/o Mahaboob,
       Age: 37 years, Occ: Member of
       Gram Panchayat Kachapura,
       Tq: Yadrami, Dist: Kalaburagi
                                          ... Petitioners
(By Smt. Hema L. Kulakarni, Advocate)

AND:

1.     The State of Karnataka
       Department of Panchayat Raj
       Vidhan Soudha, Bangalore-560001.
       By its Secretary.
                             2      W.P.No.201373/2022


2.   The Deputy Commissioner,
     Kalaburagi,
     Dist: Kalaburagi-584101.

3.   The Assistant Commissioner,
     Kalaburagi,
     Dist: Kalaburagi-584101.

4.   The Gram Panchayat
     Kachapura, Tq: Yadrami,
     Dist: Kalaburagi-585325.
     Represented by PDO

5.   The Election Officer / Designated Officer,
     Gram Panchayat Kachapura,
     Tq: Yadrami, Dist: Kalaburagi-585325.

6.   Smt. Suvarna W/o Devindra Chakari,
     Age: 28 years, Occ: Vice President of
     Gram Panchayat Kachapura,
     Tq: Yadrami, Dist: Kalaburagi-585325.

7.   Smt. Parvati W/o doddappa Dori,
     Age: 28 years, Occ: Member of
     Gram Panchayat Kachapura,
     Tq: Yadrami, Dist: Kalaburagi-585325.

8.   Smt. Chandamma W/o Mahantappa Naikodi,
     Age: 58 years, Occ: Member of
     Gram Panchayat Kachapura,
     Tq: Yadrami, Dist: Kalaburagi-585325.

9.   Smt. Roopa W/o Parusharam,
     Age: 23 years, Occ: Member of
     Gram Panchayat Kachapura,
     Tq: Yadrami, Dist: Kalaburagi-585325.
                                3       W.P.No.201373/2022


10.   Madivalappa S/o Yamanappa Ankalagi,
      Age: 31 years, Occ: Member of
      Gram Panchayat Kachapura,
      Tq: Yadrami, Dist: Kalaburagi-585325.

11.   Kashappa S/o Bhimaraya Myageri,
      Age: 36 years, Occ: Member of
      Gram Panchayat Kachapura,
      Tq: Yadrami, Dist: Kalaburagi-585325.
                                         ... Respondents

(By Sri. Sharanabasappa M.Patil, HCGP for R1 to R3)

      This Writ Petition is filed under Articles 226 & 227
of the Constitution of India praying to call for the
records and issue a writ of certiorari quashing the
impugned notice issued by the respondent No.3 dated
03.06.2022     bearing     No.PÀA/ZÀÄ£ÁªÀu/É 39/2022-23 at
Annexure-C and etc.

      This petition coming on for Preliminary hearing this
day, the Court made the following:

                        ORDER

The petitioners, who are the members of the fourth

respondent - Gram Panchayat have preferred this writ

petition with a prayer to quash the notice vide

Annexure-C dated 03.06.2022 issued by the third

respondent.

2. Heard the learned counsel for the petitioners

and the learned High Court Government Pleader

appearing for respondent No.1 to 3.

3. The learned counsel for the petitioners

submits that on the basis of the requisition dated

30.05.2022 submitted by respondent Nos.6 to 11, the

Assistant Commissioner has issued the impugned

meeting notice on 03.06.2022, which would go to show

that he has not waited for a period of ten days as

provided under Section 49 of the Karnataka Gram

Swaraj And Panchayat Raj Act, 1993 before issuing the

impugned notice.

4. Per contra, learned High Court Government

Pleader appearing for respondent Nos.1 to 3 submits

that the Division Bench of this Court in the case of M.

Puttegouda and Another vs. The Assistant

Commissioner, Mysore Sub-Division, Mysore

reported in 2002(1) Kar. L.J. 16 has held that the

Assistant Commissioner is not required to wait for expiry

of ten days before issuing the notice for convening the

meeting and therefore, no fault can be found in the

impugned notice.

5. Having regard to the said submission, I am of

the considered view that the aforesaid judgment of the

Division Bench of this Court is squarely applicable to the

facts of this case and no fault can be found in the notice

impugned issued by the Assistant Commissioner without

waiting for expiry of ten days from the date of receipt of

requisition from respondent Nos.6 to 11. Therefore, I

find no merit in this writ petition. Accordingly, the same

is dismissed.

Sd/-

JUDGE

Srt CT-SMP