Karnataka High Court
Sheela W/O Baburao vs The State Of Karnataka And Ors on 31 May, 2022
Bench: S.Vishwajith Shetty
1 W.P.No.201140/2022
C/W W.P.No.201177/2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION No.201140/2022 (LB-ELE)
C/W
WRIT PETITION No.201177/2022 (LB-ELE)
W.P.201140/2022
BETWEEN
SHEELA W/O BABURAO
AGED ABOUT 38 YEARS,
OCC. PRESIDENT OF GRAM PANCHAYAT DAKULGI
R/O 236 DAKULGI, TQ HUMNABAD AND
DIST: BIDAR 585415
...PETITIONER
(BY SRI JAIRAJ K. BUKKA, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
REP. BY ITS PRL. SECRETARY
DEPT. OF PANCHAYAT RAJ
M. S. BUILDING, BANGALORE 02
2 . THE DEPUTY COMMISSIONER
BIDAR 585401
2 W.P.No.201140/2022
C/W W.P.No.201177/2022
3 . THE ASSISTANT COMMISSIONER
BASAWAKALYAN,
TQ: BASAWAKALYAN AND
DIST: BIDAR 85401
4 . THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT BIDAR,
BIDAR 585401
5 . THE EXECUTIVE OFFICER
TALUK PANCHAYAT HUMNABAD,
TQ: HUMNABAD,
DIST: BIDAR 585401
6 . THE PANCHAYAT DEVELOPMENT OFFICER
DAKULGI, TQ: HUMNABAD
AND DIST: BIDAR 585421
7 . PARAMMA W/O VAIJINATH
AGED 65 YEARS,
OCC. VICE PRESIDENT AND
MEMBER GRAM PANCHAYAT DAKULGI
R/O SINDBANDGI
TQ: HUMNABAD, DIST: BIDAR 585415
8 . UMA W/O AMRESH
AGED 32 YEARS,
OCC MEMEBER GRAM PANCHAYAT
DAKULGI, R/O ATIWAL,
TQ. HUMNABAD
DIST. BIDAR 585415
9 . SYED ZULFEKHAR S/O SYED NURUDDIN
AGED. 53 YEARS,
OCC. MEMEBER GRAM PANCHAYAT
DAKULGI , R/O ATIWAL,
3 W.P.No.201140/2022
C/W W.P.No.201177/2022
TQ. HUMNABAD
DIST. BIDAR 585415
10 . MALASHREE W/O SATISH
AGED. 30 YEARS,
OCC. MEMEBER GRAM PANCHAYAT
DAKULGI, R/O SINDBANDGI/2
TQ. HUMNABAD
DIST. BIDAR 585415
11 . NAGENDRA S/O ARJUN
AGED. 26 YEARS,
OCC. MEMEBER GRAM PANCHAYAT
DAKULGI, R/O SINDBANDGI/2
TQ. HUMNABAD
DIST. BIDAR 585415
12 . YANKAPPA S/O BHIMANNA
AGE. 48 YEAR,
OCC. MEMEBER GRAM PANCHAYAT
DAKULGI, R/O SINDBANDGI/1
TQ. HUMNABAD
DIST. BIDAR 585415
13 . KAREEMSAB S/O MOULANA SAB
AGED 55 YEARS,
OCC. MEMEBER GRAM PANCHAYAT
DAKULGI, R/O SINDBANDGI/2
TQ. HUMNABAD
DIST. BIDAR 585415
14 . RAJAPPA S/O MARUTI
AGED 45 YEARS,
OCC. MEMBER GRAM PANCHAYAT
DAKULGI, R/O. HILALPUR/2
TQ. HUMNABAD,
4 W.P.No.201140/2022
C/W W.P.No.201177/2022
DIST. BIDAR 585415
15 . SANTOSH S/O MARUTI
AGED. 42 YEARS.
OCC. MEMBER GRAM PANCHAYAT
DAKULGI, T/O. HILALPUR/1
TQ. HUMNABAD
DIST. BIDAR 585415
16 . NARSAMMA W/O ARJUN
AGED. 54 YEARS,
OCC. MEMBER GRAM PANCHAYAT
DAKULGI, R/O. HILALPUR/2
TQ. HUMNABAD
DIST. BIDAR 585415
17 . SUJATA W/O MOHAN
AGED 30 YEARS,
OCC. MEMBER GRAM PANCHAYAT
DAKULGI, R/O. HILALPUR
TQ. HUMNABAD
DIST. BIDAR 585415
18 . FIRDOUS BEGUM W/O MAJEED
AGED. 45 YEARS,
OCC. MEMBER GRAM PANCHAYAT
DAKULGI, R/O. HILALPUR
TQ. HUMNABAD
DIST. BIDAR 585415
19 . ZAHIDA BEE W/O MASTANSAB
AGED 55 YEARS,
OCC. MEMBER GRAM PANCHAYAT
DAKULGI, T/O. DAKULGI/2
TQ. HUMNABAD
DIST. BIDAR 585415
5 W.P.No.201140/2022
C/W W.P.No.201177/2022
20 . RABIYA BEE W/O KHUSRSHIDMIYA
AGED. 56 YEARS,
OCC. MEMBER GRAM PANCHAYAT
DAKULGI , R/O. DAKULGI/1
TQ. HUMNABAD
DIST. BIDAR 585415
21 . ERAMMA W/O VAIJINATH
AGED 50 YEARS,
OCC. MEMBER GRAM PANCHAYAT
DAKULGI, R/O. AMEERABAD
TQ. HUMNABAD
DIST. BIDAR 585415
22 . MD SHAFI S/O YOUSUF MIYA
AGED 45 YEARS,
OCC. MEMBER GRAM PANCHAYAT
DAKULGI, R/O. DAKULGI/2
TQ. HUMNABAD
DIST. BIDAR 585415
...RESPONDENTS
(BY SRI SHIVAPUTRA S. UDBALKAR AND
SRI PREETAM DEULGAONDAR, ADVOCATES FOR R8,
R21, R9, R20, R11, R12, R10, R22, R19, R13, R14, R11,
R17, R16, R15 AND R7;
SRI BHOJEGOUDA T. KOLLER, AGA FOR R1 TO R6)
THIS WRIT PETITION FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO ISSUE A WRIT OF CERTIORARI AND TO QUASH THE
IMPUGNED NOTICE UNDER NAMUNA-2 PASSED BY THE
3RD RESPONDENT VIDE ¸ÀASÉå. PÀA/ZÀÄ£ÁªÀu/É ¹Dgï-14/2022-23
¢£ÁAPÀ: 11.05.2022 WHICH IS AT ANNEXURE - E1, IN THE
INTEREST OF JUSTICE AND EQUITY ETC.
6 W.P.No.201140/2022
C/W W.P.No.201177/2022
W.P.NO.201177/2022
BETWEEN
1 . SHIVAKANTAMMA W/O SHIVARAJ
AGE. 28 YEARS,
OCC. MEMBER GRAM PANCHAYAT,
DAKULAGI GP, R/O SHINDBANDGI,
TQ. HUMNABAD, DIST. BIDAR-585415.
2 . SUBHASH S/O RAMANNA
AGE. 35 YEARS,
OCC. MEMBER GRAM PANCHAYAT,
DAKULAGI GP, AMEERABAD,
TQ. HUMNABAD,
DIST. BIDAR-545415.
3 . MALLAPPA S/O KALLAPPA
AGE. 55 YEARS,
OCC. AGRICULTURE AND MEMBER GRAM
PANCHAYAT, DAKULAGI GP,
TQ. HUMNABAD,
DIST. BIDAR-545415
...PETITIONERS
(BY SRI JAIRAJ K. BUKKA, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
REP. BY ITS PRL. SECRETARY,
DEPT. OF PANCHAYAT RAJ,
MS BUILDING, BENGALURU-02.
2 . THE DEPUTY COMMISSIONER
BIDAR-585401.
7 W.P.No.201140/2022
C/W W.P.No.201177/2022
3 . THE ASSISTANT COMMISSIONER
BASAVAKALYAN,
TQ. BASAVAKALYAN AND
DIST. BIDAR-585401.
4 . THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT BIDAR,
BIDAR-585401.
5 . THE EXECUTIVE OFFICER
TALUKA PANCHAYAT HUMNABAD,
TQ. HUMNABAD AND
DIST. BIDAR-585401.
6 . THE PANCHAYAT DEVELOPMENT OFFICER
DAKULGI, TQ. HUMNABAD AND
DIST. BIDAR-585421.
7 . PARAMMA W/O VAIJINATH
AGED 65 YEARS,
OCC. VICE PRESIDENT AND
MEMBER GRAM PANCHAYAT DAKULGI,
R/O. SINDBANDGI, TQ. HUMNABAD,
DIST. BIDAR-585415.
8 . UMA W/O AMRESH
AGED 32 YEARS,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. ATIWAL, TQ. HUMNABAD,
DIST. BIDAR-585415.
9 . SYED ZULFEKHAR S/O SYED NURUDDIN
AGED. 53 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. ATIWAL, TQ. HUMNABAD,
DIST. BIDAR-585415
8 W.P.No.201140/2022
C/W W.P.No.201177/2022
10 . MALASHREE W/O SATISH
AGED. 30 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. SINDBANDGI, TQ. HUMNABAD,
DIST. BIDAR-585415.
11 . NAGENDRA S/O ARJUN
AGED. 26 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. SINDBANDGI, TQ. HUMNABAD,
DIST. BIDAR-585415.
12 . YANKAPPA S/O BHIMANNA
AGED. 48 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. SINDBANDGI, TQ. HUMNABAD,
DIST. BIDAR-585415.
13 . KAREEMSAB S/O MOULANA SAB
AGED. 55 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. SINDBANDGI, TQ. HUMNABAD,
DIST. BIDAR-585415.
14 . RAJAPPA S/O MARUTI
AGED. 45 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. SINDBANDGI, TQ. HUMNABAD,
DIST. BIDAR-585415.
15 . SANTOSH S/O MARUTI
AGED. 42 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. HILAPUR/1, TQ. HUMNABAD,
DIST. BIDAR-585415.
9 W.P.No.201140/2022
C/W W.P.No.201177/2022
16 . NARSAMMA W/O ARJUN
AGED. 54 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. HILAPUR, TQ. HUMNABAD,
DIST. BIDAR-585415.
17 . SUJATA W/O MOHAN
AGED. 30 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. HILAPUR, TQ. HUMNABAD,
DIST. BIDAR-585415.
18 . FIRDOUS BEGUM W/O MAJEED
AGED. 45 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. HILALPUR, TQ. HUMNABAD,
DIST. BIDAR-585415.
19 . ZAHIDABEE W/O MASTANSAB
AGED. 55 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. DAKULGI, TQ. HUMNABAD,
DIST. BIDAR-585415.
20 . RABIYABEE W/O KHURSHIDMIYA
AGED. 56 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. DAKULGI, TQ. HUMNABAD,
DIST. BIDAR-585415.
21 . ERAMMA W/O VAIJINATH
AGED. 50 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. AMEERABAD, TQ. HUMNABAD,
DIST. BIDAR-585415.
10 W.P.No.201140/2022
C/W W.P.No.201177/2022
22 . MD SHAFI S/O YOUSUF MIYA
AGED. 45 YEAR,
OCC. MEMBER GRAM PANCHAYAT DAKULGI,
R/O. DAKULGI, TQ. HUMNABAD,
DIST. BIDAR-585415.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 TO
R6)
THIS WRIT PETITION FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO ISSUE A WRIT OF CERTIORARI AND TO QUASH THE
IMPUGNED NOTICE UNDER NAMUNA-2 PASSED BY THE
3RD RESPONDENT VIDE ¸ÀASÉå. PÀA/ZÀÄ£ÁªÀu/É ¹Dgï-14/2022-23
ON DATED 11.05.2022 ANNEXURE-F IN THE INTEREST
OF JUSTICE AND EQUITY ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
These two writ petitions have been filed by the
President/Adhyaksha and also the Members of the
Dakulgi Gram Panchayat, Humnabad challenging No
Confidence Motion notice dated 11.05.2022, wherein,
the Assistant Commissioner has fixed the date of
C/W W.P.No.201177/2022
meeting on 02.06.2022 on the requisition/representation
of respondent Nos.7 to 22.
2. Respondent Nos.7 to 22, who are the elected
Members of Dakulgi Gram Panchayat, Humnabad have
given a representation on 05.05.2022 with a prayer to
fix a meeting for the purpose of moving No Confidence
Motion against the Adhyaksha of the Gram Panchayat.
After receipt of such representation, the impugned
notice dated 11.05.2022 as per Annexure-F has been
issued by the Assistant Commissioner in Form No.2 and
the copy of the same along with copy of the
representation submitted by respondent Nos.7 to 22 has
been served on the petitioners as well as on the other
Members of the Gram Panchayat.
3. Being aggrieved by the same, the petitioners
have filed the present writ petitions.
C/W W.P.No.201177/2022
4. The learned counsel for the petitioners
submits that the representation has not been signed by
respondent Nos.7 to 22 and on the other hand, it is their
respective spouses, who have signed the same. It is
also submitted that there is no ten days notice to the
Assistant Commissioner and therefore, the impugned
meeting notice is bad in law. He also submits that the
representation has been submitted on 05.05.2022,
whereas, the meeting notice is dated 11.05.2022, which
is much earlier to expiry of ten days. Therefore, he
submits that the impugned notice cannot be sustained.
5. Per contra, learned Additional Government
Advocate appearing for respondent Nos.1 to 6 and
learned counsel appearing for private respondents have
opposed the writ petitions and have contended that the
writ petitions are required to be dismissed.
C/W W.P.No.201177/2022
6. I have considered the arguments advanced
by the learned counsel for the parties and perused the
material on record.
7. The contention of the learned counsel for the
petitioners is that respondent Nos.7 to 22 have moved
the representation for No Confidence Motion meeting on
05.05.2022, but, they have not signed the
representation. There is no merit in the said submission
since the said respondents have entered caveat in
W.P.No.201140/2022 and have denied the said
submission made by the learned counsel for the
petitioners. The very fact that they have entered caveat
to oppose the writ petition filed by the Adhyaksha would
go to show that they have moved a representation as
against Adhyaksha. Further, it is settled position of law
that from the date of receipt of the representation from
the requisite number of Members, the Assistant
Commissioner without awaiting for lapse of ten days can
C/W W.P.No.201177/2022
always issue a notice, fixing the date of No Confidence
Motion. All that is mandated is clear fifteen days notice
is required to be given to the Members from the date of
the notice in Form No.2 and such requirement of law has
been complied in the case on hand.
8. The Division Bench of this Court in the
judgment reported in 2002(1) Kar. L.J. 16 (DB) in the
case of M. Puttegouda and Another vs. The
Assistant Commissioner, Mysore Sub-Division,
Mysore has held that the Assistant Commissioner, who
is in receipt of a notice from the Members under Sub-
Rule 1 Rule 3 of the Karnataka Panchayat Raj (Motion of
No-confidence against Adhyaksha and Upadhyaksha)
Rules, 1994, is not required to wait till expiry of ten
days from the date of receipt of such notice for issuing
notice of fifteen days to members for convening special
meeting of Gram Panchayat for considering the motion.
Therefore, the submission of learned counsel for the
C/W W.P.No.201177/2022
petitioners that the Assistant Commissioner would not
have issued the notice without awaiting lapse of ten
days from the date of receipt of representation from the
Members is liable to be rejected.
9. It is settled principle of law that in a
democracy set up, the will of the majority is the
determining test. In the meeting that is scheduled to
be held on 02.06.2022, if only the minimum 2/3rd of the
Members expresses no confidence as against the
Adhyaksha and passes a resolution, he is deemed to
have vacated his office. It is always open for the
Adhyaksha to gain the confidence of the majority of the
elected members on the date of meeting, failing which
he has to face the consequences. On technical grounds,
it is not open for him to question the notice of meeting
of no confidence. Further, the meeting of no confidence
is scheduled to be held on 02.06.2022 and at this
belated stage, it is not open for this Court to consider
C/W W.P.No.201177/2022
the grievance of the Adhyaksha and the Members who
have been set up by the Adhyaksha on technical
grounds and stall the no confidence motion meeting
which is scheduled to be held on 02.06.2022. Under
these circumstances, I am of the opinion that the writ
petitions are devoid of any merit and accordingly, the
same are dismissed.
Sd/-
JUDGE
Srt
