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Ms.Gowthami B vs The State Of Karnataka By
2025 Latest Caselaw 11619 Kant

Citation : 2025 Latest Caselaw 11619 Kant
Judgement Date : 19 December, 2025

[Cites 25, Cited by 0]

Karnataka High Court

Ms.Gowthami B vs The State Of Karnataka By on 19 December, 2025

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 19TH DAY OF DECEMBER, 2025

                       PRESENT

       THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

                          AND

          THE HON'BLE MR. JUSTICE RAJESH RAI K

         WRIT APPEAL NO.207 OF 2025 (LB-RES)
                         C/W
        WRIT PETITION NO.19571 OF 2025 (LB-RES)
        WRIT PETITION NO.20174 OF 2025 (LB-RES)
        WRIT PETITION NO.4557 OF 2025 (LB-RES)

IN WA NO.207/2025:

BETWEEN:

SMT. VEENA T
AGED ABOUT 34 YEARS
W/O KUMARA SWAMY R
PRESIDENT
THIPPASANDRA GRAMA PANCHAYAT
RASTE PALY VILLAGE,
TALEKERE DHAKALE
BAGINAGERE POST,
MAGADI TALUK,
RAMANAGARA DISTRICT 562 131.
                                           ...APPELLANT

(BY SRI. ANDANAPPA GURAPPA BALLOLLI, ADVOCATE)

AND:

1.    STATE OF KARNATAKA
      BY IT'S SECRETARY
      REVENUE DEPARTMENT
      DEPARTMENT OF PANCHAYAT RAJ
      AND RURAL DEVELOPMENT
      DR. B. R. AMBEDKAR VEEDHI
      M.S. BUILDING,
                            2




     BANGALORE 560001.

2.   THE ASSISTANT COMMISSIONER
     RAMANAGARA SUB-DIVISION
     RAMANAGAR TALUK
     ADMINISTRATIVE OFFICE
     1ST FLOOR,
     B M ROAD,
     RAMANAGAR.

3.   THE THIPPSANDRA GRAM PANCHAYATH
     REP. BY PANHAYATH DEVELOPMENT OFFICER
     THIPPASANDRA VILLAGE
     MAGADI TALUK
     RAMNAGAR DIST.

4.   JAYAMMA
     AGED ABOUT 65 YEARS
     W/O LATE NAGARAJU
     MEMBER OF GRAMA PANCHAYATH
     TIPPASANDRA POST
     TIPPASANDRA HOBLI
     MAGADI TALUK
     RAMANAGAR.

5.   GANGAMMA
     AGED ABOUT 60 YEARS
     W/O LATE RANGASWAMY
     MEMBER OF GRAMA PANCHAYATH
     THIGARALA PLAYA
     TIPPASANDRA POST
     TIPPASANDRA HOBLI
     MAGADI TALUK
     RAMANAGAR DISTRICT.

6.   GANGADHAR T B
     AGED ABOUT 40 YEARS
     S/O G BETTAYA
     MEMBER OF GRAMA PANCHAYATH
     TALAKERE DODDA
     MUDEGERE POST
     TIPPASANDRA HOBLI
     MAGADI TALUK
                            3




     RAMANAGAR DISTRICT.

7.   PRAKASH
     AGED ABOUT 50 YEARS
     S/O NAGAACHAR
     MEMBER OF GRAMA PANCHAYATH
     TIPPASANDRA
     TIPPASANDRA POST
     TIPPASANDRA HOBLI
     MAGADI TALUK,
     RAMANAGAR DISTRICT.

8.   RAGHU
     AGED ABOUT 42 YEARS
     S/O VENKATARAMANNA SHETTY
     MEMBER OF GRAMA PANCHAYATH
     TIPPASANDRA
     TIPPASANDRA POST
     TIPPASANDRA HOBLI
     MAGADI TALUK,
     RAMANAGAR DISTRICT.

9.   RATHANAMMA
     AGED ABOUT 60 YEARS
     W/O JAYARAMMAYAH
     MEMBER OF GRAMA PANCHAYATH
     RASTHE PLAYA
     BAGINGERI POST
     THIGARALA PLAYA
     TIPPESANDRA HOBLI
     MAGADI TALUK,
     RAMANAGAR DISTRICT.

10 . RAMESH J S
     AGED ABOUT 55 YEARS
     S/O LATE NARAYANAPPA,
     MEMBER OF GRAMA PANCHAYATH
     GUDDAGOWRAPLAYA,
     BAGINGERI POST,
     TIPPESANDRA HOBLI,
     MAGADI TALUK,
     RAMANAGAR DISTRICT.
                            4




11.   RAJU
      AGED ABOUT 55 YEARS
      S/O LATE YALLALLAKAYA
      MEMBER OF GRAMA PANCHAYATH
      BAGINGERI,
      BAGINGERI POST
      TIPPESANDRA HOBLI,
      MAGADI TALUK
      RAMANAGAR DISTRICT.

12.   RAJESH B.
      AGED ABOUT 44 YEARS,
      S/O BETTAYA,
      MEMBER OF GRAMA PANCHAYATH
      GIGAGULURSANKIGATTA POST
      TIPPESANDRA HOBLI
      MAGADI TALUK
      RAMANAGAR DISTRICT.

13.   VENKATALAKSHAMMA
      AGED ABOUT 60 YEARS,
      W/O YERAYANNA
      MEMBER OF GRAMA PANCHAYATH
      BAGINGERI POST,
      TIPPESANDRA HOBLI,
      MAGADI TALUK
      RAMANAGAR DISTRICT.

14.   SWARASWATHAMMA K.H.,
      AGED ABOUT 40 YEARS
      W/O MANJUNATH P.D.
      MEMBER OF GRAMA PANCHAYATH
      PALAYADHAHALLIBISKUR POST,
      TIPPESANDRA HOBLI,
      MAGADI TALUK,
      RAMANAGAR DISTRICT.

15.   HUCAHEGOWDA
      AGED ABOUT 55 YEARS,
      S/O DASEGOWDA
      MEMBER OF GRAMA PANCHAYATH
      ANNESHASTRE PALYA
      TIPPESANDRA POST
                              5




    TIPPESANDRA HOBLI
    MAGADI TALUK
    RAMANAGAR DISTRICT.
                                              ...RESPONDENTS

(BY SMT. PRATIMA HONNAPURA, AAG A/W
SMT. MAMATHA SHETTY, AGA FOR R1 & R2;
R3 - SD;
SRI. CHANDRASHEKAR L., ADV. FOR R4 - R10;
R11, R12, R13, R14 & R15 - SD, UNREPRESENTED)

       THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, PRAYING TO ISSUE A SET ASIDE

WRIT IMPUGNED ORDER PASSED BY THE SINGLE JUDGE IN

WRIT    PETITION   NO.35255/2024   (LB-RES)   ORDER   DATED

31.01.2025 HON'BLE HIGH COURT OF KARNATAKA, BENGALURU

AND ETC.


IN WP NO.19571/2025:

BETWEEN:

SMT. RATHNAMMA
W/O SRI SHIVANNA,
AGED ABOUT 56 YEARS,
PRESIDENT,
ANNEGERE GRAM PANCHAYATH,
R/AT ANEGERE VILLAGE AND POST,
PANCHANAHALLI HOBLI,
KADUR TALUK - 577 182.
CHICKMAGALUR DIST.
                                                ...PETITIONER

(BY SRI. A.M.MAHESHWARAPPA, ADVOCATE)
                              6




AND:

1.     THE STATE OF KARNATAKA
       DEPARTMENT OF PANCHAYATRAJ
       AND RURAL DEVELOMENT,
       M S BUILDING,
       BANGALORE 560 001.

       REPRESENTED BY ITS PRINCIPAL SECRETARY.

2.     THE DEPUTY COMMISSIONER
       CHICKMAGALUR DISTRICT.
       CHICKMAGALUR - 577 101.

3.     THE ASST. COMMISSIONER
       TARIKERE SUB-DIVISION,
       TARIKERE 577 228.
       CHICKMAGALURU DISTRICT.

4.     SRI DEVALA NAIK
       S/O SRI SEVA NAIK
       AGED ABOUT 53 YEARS

5.     SRI MANJUNATHA A G
       S/O B V GUTHYAPPA
       AGED ABOUT 55 YEARS

6.     SMT. M. SOWBHAGYA
       W/O SRI NANJEGOWDA
       AGED ABOUT 50 YEARS

       ALL ARE R/AT ANEGERE VILLAGE AND POST,
       PANCHANAHALLI HOBLI,
       KADUR TALUK - 577 182.
       CHICKMAGALUR DIST.

7.     SMT. LATHA M. S.
       W/O SRI HARISH
       AGED ABOUT 36 YEARS
                              7




8.     SMT. BHAGYAMMA
       W/O SRI DHARMASHEKARAPPA
       AGED ABOUT 47 YEARS

9.     SMT. POORNIMA A P
       W/O SRI PREM KUMAR
       AGED ABOUT 38 YEARS

10 .   SRI NATARAJ M D
       S/O SRI DHARMASHEKARAPPA
       AGED ABOUT 40 YEARS

       ALL ARE R/AT MUTHANEGERE VIL. AND PO,
       PANCHANAHALLI HOBLI,
       KADUR TALUK - 577 182.
       CHICKMAGALUR DIST.

11 .   SRI RAMESH NAIK M D
       S/O SRI DEVALA NAIK,
       AGED ABOUT 32 YEARS
       R/AT M L THANDYA VILLAGE,
       MUTHANEGERE POST
       PANCHANAHALLI HOBLI,
       KADUR TALUK - 577 182.
       CHICKMAGALUR DIST.

12 .   SRI N T MALLIKARJUN
       S/O SRI THAMMAYYAPPA,
       AGED ABOUT 43 YEARS,
       R/AT NARAYANAPURA VILLAGE,
       ANEGERE POST,
       PANCHANAHALLI HOBLI,
       KADUR TALUK - 577 182.
       CHICKMAGALUR DIST.

13 .   SMT. H K SAVITHA
       W/O SRI RAVI KUMAR,
       AGED ABOUT 40 YEARS,
       R/AT DEVARA HOSAHALLI VILLAGE,
       ANEGERE POST,
       PANCHANAHALLI HOBLI,
       KADUR TALUK - 577 182.
       CHICKMAGALUR DIST.
                              8




      RESPONDENT NO.4 TO 13 ARE
      PRESENT MEMBERS OF
      ANEGERE GRAM PANCHAYATH,
      KADUR TALUK.


14.   THE PANCHAYATH DEVELOPMENT OFFICER
      ANEGERE PANCHAYATH
      KADUR TALUK - 577 182.
      CHICKMAGALUR DIST.
                                        ...RESPONDENTS


(BY SMT. PRATIMA HONNAPURA, AAG A/W
SMT. MAMATHA SHETTY, AGA FOR R1 & R3;
SRI. ASHOK N. NAYAK, ADV. FOR R14;

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227

OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER

OF    MEETING    NOTICE   FORM-2,    VIDE   NO.ALN-GRAPAN-

AVISHWASA-01/2025-26,     DATED     24.06.2025    ISSUED   BY

RESPONDENT NO.3 PRODUCED AS AT ANNEXURE-K TO THE

WRIT PETITION.


IN WP NO.20174/2025:

BETWEEN:

MR.SIDDANNA
S/O LATE MARANAYAKA
AGED ABOUT 51 YEARS
R/AT NO.08,
MADAMUTTENAHALLI
HUCHHAVVANAHALLI,
JAGALUR TALUK
DAVANAGERE 577 528.
                                                 ...PETITIONER
                             9




(BY SRI. P.P.HEGDE, SR. COUNSEL FOR
     SRI. VENKATESH SOMAREDDI, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY,
       DEPARTMENT OF RURAL DEVELOPMENT
       AND PANCHAYAT RAJ, 3RD GATE,
       3RD FLOOR,
       M S BUILDING,
       BANGALORE-560 001.

2.     ASSISTANT COMMISSIONER
       DAVANGERE SUB DIVISION
       DAVANGERE DISTRICT 577 528.

3.     ANABURU GRAM PANCHAYAT
       REPRESENTED BY PANCHAYAT
       DEVELOPMENT OFFICER
       ANABUR,
       JAGALUR TALUK
       DAVANGERE 577 528.

4.     MR.MALLIKARJUNA
       S/O BASAVARAJAPPA,
       AGED MAJOR,
       R/O KANANAKATTE VILLAGE
       JAGALUR TALUK,
       DAVANAGERE DISTRICT-577 528.

5.     MR. SIDDAPPA H
       S/O BIN HANUMANTHAPPA,
       AGED MAJOR,
       R/O JYOTHIPURA,
       JAGALUR TALUK,
       DAVANAGERE DISTRICT- 577 528.

6.     MR. M. M. NAGARAJ,
       FATHER NAME NOT NONE,
       AGED MAJOR,
       R/O JYOTIPURA.
                             10




       JAGALUR TALUK,
       DAVANAGERE DISTRICT-577 528.

7.     MR. SHIVANNA,
       FATHER NAME NOT NONE,
       AGED MAJOR,
       R/O HANUMAVVANAGTHI VILLAGE,
       JAGALUR TALUK,
       DAVANAGERE DISTRICT-577 528.

8.     MR. KRISHNA NAYAK
       S/O GOPYANAYAK,
       AGED MAJOR,
       R/O GANDHINAGAR,
       JAGALUR TALUK,
       DAVANAGERE DISTRICT-577 528.

9.     MR. BHORAPPA,
       FATHER NAME NOT NONE,
       AGED MAJOR,
       R/O DODDABOMMANAHALLI,
       JAGALUR TALUK,
       DAVANAGERE DISTRICT-577 528.

10 .   MRS. KAMALA
       W/O DODDARAPPA
       AGED MAJOR,
       R/O ANBUR GOLLARAHATTI,
       JAGALUR TALUK,
       DAVANAGERE DISTRICT-577 528.

11 .   MRS.SHIVAMMA W/O JOGAPPA,
       AGED MAJOR,
       R/O ANBUR GOLLARAHATTI,
       JAGALUR TALUK,
       DAVANAGERE DISTRICT - 577528.

12 .   MRS.SHIVALINGAMMA
       W/O CHITHAPPA,
       AGED MAJOR,
       R/O ANABUR GOLLARAHATTI,
       JAGALUR TALUK,
                             11




       DAVANAGERE DISTRICT-577528.

13 .   MRS. VANAJAKSHAMMA
       W/O SHARANAPPA,
       AGED MAJOR,
       R/O DODDABOMMANAHALLI,
       JAGALUR TALUK,
       DAVANAGERE DISTRICT - 577528.

14 .   MRS.AKKAMMA
       W/O MALLESHA,
       AGED MAJOR,
       R/O THIMMALAPURA J
       AGALUR TALUK,
       DAVANAGERE DISTRICT-577528.

15 .   MRS. SANNAGAMMA
       W/O HANUMANTHAPPA,
       AGED MAJOR,
       R/O JAGALUR TALUK,
       DAVANAGERE DISTRICT - 577528.

16 .   MRS. NARAMMA,
       FATHER NAME NOT NONE,
       AGED MAJOR,
       R/O JAGALUR TALUK,
       DAVANGERE DISTRICT-577528.

17 .   MR. SOMASHEKAR B.L.,
       FATHER NAME NOT NONE,
       AGED MAJOR,
       R/O ANBUR JAGALUR TALUK,
       DAVANGERE DISTRICT - 577528.

18 .   MRS. JYOTHI
       W/O RAVI,
       AGED MAJOR,
       R/O JYOTHIPURA JAGALUR TALUK,
       DAVANGERE DISTRICT-577528.


19 .   MRS.MEENAKSHI BAI
                               12




       W/O PEEKANAIKA,
       AGED MAJOR,
       R/O BATAGARANAHALLI,
       JAGALUR TALUK,
       DAVANGERE DISTRICT-577528.

20 .   MRS. SOPHIA KAUSAR
       W/O NOORUDDIN,
       AGED MAJOR,
       R/O GOGUDDU VILLAGE,
       JAGALUR TALUK,
       DAVANAGERE DISTRICT-577528.
                                            ...RESPONDENTS


(BY SMT. PRATIMA HONNAPURA, AAG A/W
SMT. MAMATHA SHETTY, AGA FOR R1 & R2;
SRI. N.K.JAGADEESHWARA, ADV. FOR R3;
V/C/O DT:9.7.25, NOTICE TO R4 TO R20 WAS DEFERRED)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227

OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE

DATED 23-06-2025 ISSUED BY ASSISTANT COMMISSIONER,

TARIKERE      SUBDIVISION,    TARIKERE/RESPONDENT     NO.2

BEARING NO. ELECTION:CR/26/2025-26 WHEREBY THE SECOND

RESPONDENT HAS CONVENED MEETING ON 11.07.2025 AT

11.00AM TO CONSIDER THE NO-CONFIDENCE MOTION MOVED

AGAINST THE PETITIONER/PRESIDENT OF NAGENAHALLI GRAMA

PANCHAYAT,      VIDE   ANNEXURE-A    AND    ALL   FURTHER

PROCEEDINGS PURSUANT TO THE NOTICE.
                              13




IN WP NO.4557/2025:

BETWEEN:

MS. GOWTHAMI B
D/O LATE BALEGOWDA B.K.
AGED ABOUT 36 YEARS,
R/A BALEGOWDANAPALYA,
KOTTAGERE HOBLI,
KUNIGAL TALUK,
TUMKUR 572 130.
                                          ...PETITIONER

(BY SRI. SADANAND G. SHASTRI, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA, BY
       BY DEPARTMENT OF RURAL DEVELOPMENT AND
       PANCHAYAT RAJ,
       REPRESENTED BY PRINCIPAL SECRETARY,
       M.S. BUILDING,
       3RD FLOOR,
       3RD GATE,
       BENGALURU,
       KARNATAKA-560 001.

2.     THE ASSISTANT COMMISSIONER,
       FIRST FLOOR,
       MINIVIDHANA SOUDHA,
       TUMAKURU - 572101.

3.     KOTTAGERE GRAM PANCHAYAT
       REPRESENTED BY PANCHAYAT DEVELOPMENT OFFICER,
       KUNIGAL TALUK,
       TUMAKURU - 572130.

4.     SMT. CHIKKATAYAMMA,
       W/O KRISHNAPPA L.,
       AGED MAJOR,
       KOTTAGEREPALYA,
       KOTTEGERE POST,
       KUNIGAL TALUK,
                             14




     TUMAKURU 572130.

5.   SMT. HANUMAMMA
     W/O CHENNAPPA,
     AGED MAJOR,
     KOTTAGEREPALYA,
     KOTTEGERE POST,
      KUNIGAL TALUK,
     TUMAKURU-572130.

6.   SHRI. CHELUVAMURTHY,
     AGED MAJOR,
     S/O CHALUVAYYA,
     KODIHALLI PALYA,
     BHAKTARAHALLI POST,
     KUNIGAL TALUK,
     TUMAKURU-572130.


7.   SRI. MURTHY,
     S/O LATE MUDALAGIRAYYA,
     AGED MAJOR,
     HOSAHALLI,
     KOTTEGERE POST,
     KUNIGAL TALUK,
     TUMAKURU-572130.

8.   SRI. RAJIV,
     S/O RANGASWAMAYYA,
     AGED MAJOR,
     MESTRIRAMANNANAPALYA,
     HOSAHALLI,
     KUNIGAL TALUK,
     TUMAKURU-572130.

9.   SRI. PARAMESH,
     S/O LATE LINGAPPA,
     AGED MAJOR,
     MAAVINAKATTEPALYA,
     KUNIGAL TALUK,
     TUMAKURU-572130.
                                 15




10 .   SMT. SAROJAMMA
       W/O LATE HUCHAPPA,
       AGED MAJOR,
       KODIHALLIPALYA
       BHAKTARAHALLI POST,
       KUNIGAL TALUK,
       TUMAKURU-572120.

11 .   SRI. MOHAN KUMAR,
       S/O, NARAYANAPPA,
       AGED MAJOR,
       KOTTAGERE,
       KOTTAGERE POST,
       KUNIGAL TALUK,
       TUMAKURU-572130.

12 .   SMT. JYOTHI
       W/O RAVI
       AGED MAJOR,
       KOTTAGERE,
       KOTTAGERE POST
       KUNIGAL TALUK,
       TUMAKURU-572130.

13 .   SMT. APNA KHAN,
       W/O ARIF ULLA KHAN,
       AGED MAJOR,
       KOTTAGERE,
       KOTTAGERE POST,
       KUNIGAL TALUK,
       TUMAKURU-572130.

14 .   SMT. SUJATHA
       W/O LATE NARAYANA,
       AGED MAJOR,
       NEELATHAHALLI,
       BIDANAGERE POST,
       KUNIGAL TALUK,
       TUMAKURU-572130.

15 .   SRI. N.N. CHINNIGAPPA,
       S/O, LATE NANJAPPA
       AGED MAJOR,
                                     16




       NEELATHAHALLI,
       BIDANAGERE POST,
       KUNIGAL TALUK,
       TUMAKURU-572130.

16 .   SRI. PUTTASIDDAMMA
       W/O SHIVANNA N
       AGED MAJOR,
       NEELATHAHALLI,
       BIDANAGERE POST,
       KUNIGAL TALUK,
       TUMAKURU-572130.
                                                   ...RESPONDENTS

(BY SMT. PRAMODHINI KISHAN, AGA FOR R1 & R2;
SRI. V.RAJAIAH, ADV. FOR R4 TO R6, C/R8, R11, C/R15 & R16)


       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A

WRIT    IN    THE    NATURE    OF    CERTIORARI    QUASHING    THE

IMPUGNED       NOTICE   DATED       30/01/2025    AT   ANNEXURE-A

BEARING NO.ELN(KU) CR:48/24-25 BY THE RESPONDENT NO.2.


       THESE WRIT APPEAL AND WRIT PETITONS HAVING BEEN

HEARD AND RESERVED FOR JUDGMENT ON 14.11.2025 AND

05.12.2025     AND    COMING    ON       FOR   PRONOUNCEMENT   OF

JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE

FOLLOWING:


CORAM:       HON'BLE MRS. JUSTICE ANU SIVARAMAN
             and
             HON'BLE MR. JUSTICE RAJESH RAI K
                                    17




                        CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Writ Appeal No.207/2025 is filed against the order

dated 31.01.2025 passed by the learned Single Judge in

Writ Petition No.35255/2024 (LB-RES).

Writ Petition No.19571/2025 is filed seeking to quash

the meeting notice given in Form-II, vide No.ALN-GraPan-

Avishwasa-01/2025-26, dated 24.06.2025 issued by

respondent No.3 at Annexure 'K' to the Writ Petition.

Writ Petition No.20174/2024 is filed seeking to quash

the Notice dated 23.06.2025 issued by Assistant

Commissioner, Davanagere Sub-Division, Davanagere-

respondent No.2 bearing No.Election:CR/26/2025-26

whereby respondent no. 2 has convened meeting on

11.07.2025 at 11.00 a.m. to consider the no-confidence

motion moved against the petitioner/President of

Nagenahalli Grama Panchayat, vide Annexure 'A' and all

further proceedings pursuant to the notice.

Writ Petition 4557/2025 is preferred seeking to quash

the impugned notice dated 30.01.2025 bearing No.ELN(KU)

CR.48/24-25 issued by respondent no.2.

2. We have heard Shri. P.P. Hegde, learned senior

counsel as instructed by Shri. Venkatesh Somareddi, learned

Advocate appearing for the petitioner in

W.P.No.20174/2025, Shri. A.M.Maheshwarappa, learned

counsel appearing for the petitioner in W.P.No.19571/2025

and Shri. Andanappa Gurappa Ballolli, the learned counsel

appearing for the appellant in W.A.No.207/2025. Shri.

Sadanand G. Shastri, learned counsel appearing for the

petitioner in W.P. No.4557/2025.

Shri. Chandrashekar L, learned counsel appearing for

respondents No.4 to 10 in W.A.No.207/2025, Shri. Ashok N.

Nayak, learned counsel appearing for respondent No.14 in

W.P.No.19571/2025 and Shri. N.K.Jagadeeshwara, learned

counsel appearing for respondent No.3 in

W.P.No.20174/2025. Shri V. Rajaiah, learned counsel for

respondents No.4 to 6, Caveator/respondent No.8, 11

Caveator/respondent No.15 and 16 in W.P.No.4557/2025.

Smt. Pratima Honnapura, learned Additional Advocate

General along with Smt. Mamatha Shetty, learned Additional

Government Advocate appearing for the State in Writ Appeal

No.207/2025, W.P.No.19571/2025 and 20174/2025. Smt.

Pramodhini Kishan, learned Additional Government Advocate

appearing for respondents No.1 and 2 in W.P.No.4557/2025.

3. These writ petitions have been placed before us

for consideration on account of Reference Order dated

28.02.2025 in Writ Petition No.4557/2025, Reference Order

dated 05.03.2025 in Writ Appeal No.207/2025 the Reference

Order dated 10.07.2025 in Writ Petitions No.19571/2025

and 20174/2025. The reference has been made on account

of the difference of opinion expressed in three judgments of

learned Single Judges of this Court.

4. On a conjoint reading of the orders of Reference,

we notice that these four questions have been placed for our

consideration:-

(i) Whether the requirement of giving "not less than fifteen clear days' notice" under Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama

Panchayat) Rules, 1994, is to be construed as mandatory or directory?

(ii) Whether the statutory phrase "give a notice of not less than fifteen clear days" refers to the date of dispatch of notice or the date of its actual delivery to the members?

(iii) Whether both the date of receipt of notice and the date of meeting are to be excluded in computing the "15 clear days" notice period and whether non-

exclusion of these dates would invalidate the proceedings?

(iv) To what extent can substantial compliance with procedural requirements under the Panchayat Raj Rules validate a no-confidence motion, particularly when requisitions or notices deviate from the prescribed form or timeline?

5. It is due to the divergence of opinion of the

learned Single Judges of this Court in:-

• Sri Venkataram & Another. v. Assistant Commissioner, Kolar reported in ILR 2009 KAR 4078;

• Smt. Geeta K.V. v. The State of Karnataka and Others, by Order dated 01.07.2022 passed in Writ Petition No.12724 of 2022 (LB-ELE);

• Mrs. Bhagyamma v. State of Karnataka & Ors. by order dated 01.02.2024 passed in W.P. No. 30979/2024; and

• Smt. Sharadabai v. The State of Karnataka and others by order dated 31.05.2022 passed in W.P.No.101890/2022.

6. The learned Single Judge has also considered the

decisions in Abdul Razak v. The Assistant

Commissioner, Davanager Sub-Division, Davanagere

& Ors., reported in 2004 SCC OnLine Kar 505. The

judgment of the Full Bench in C. Puttaswamy v. Smt.

Prema, etc. reported in 1992 SCC OnLine KAR 74, has

also been referred.

7. In the decision of a learned Single Judge of this

Court in Sri Venkataram's case (supra), it is held that

giving of 15 days clear notice in Form II as provided in Rule

3(2) of the Karnataka Gram Swaraj and Panchayat Raja

(Motion of No-Confidence against Adhyaksha and

Upadhyaksha of Grama Panchayat) Rules, 1994 ('1994

Rules' for short) is only directory in nature and that violation

of the said provisions does not vitiate the proceeding. It

was held that the date of receipt of notice is not the

determining factor but the date of giving of notice is to be

considered for reckoning the period of notice.

8. In Writ Petition No.12724/2022, the learned

Single Judge, after referring to the full-bench decision in C.

Puttaswamy's case (Supra), it is held that the 15 days

clear notice required for the conduct of a no-confidence

motion is mandatory. However, it was further held that the

15 clear days are to be reckoned from the date of service of

the notice on members of the Panchayat.

9. However, in Writ Petition No.30979/2024, the

learned Single Judge on 01.02.2025, held as follows:-

"13. Surely, it is not the intention of the legislature that wayward members should be allowed to adopt means that would frustrate the right of members to express their want of confidence in the Adhyaksha or the Upadhakshya and the Rule should be interpreted in a manner which fulfils the objective of the legislature and not in a manner which destroys its basic intent.

14. It is to be stated here that the only limitation prescribed under Rule 3(2) is that the meeting would have to be convened within 30 days of the requisition having been received by the Assistant Commissioner. There is no requirement in the Rule that the members

are required to be served first, before a date for the meeting is fixed."

10. In Writ Petition No.101890/2022, the learned

Single Judge held that the Rule requires 15 clear days of

notice, that is, excluding the date on which the notice is sent

and the date of the no-confidence motion. It is on account

of the difference in opinion that the present cases have been

referred to this Bench.

11. The learned senior counsel appearing for the

petitioner in W.P.No.20174/2025 contends that that the

mandatory statutory requirement of "15 clear days" notice

under Rule 3(2) has not been complied with. The notice

dated 23.06.2025 was served on the petitioner on

28.06.2025, whereas the meeting was fixed for 01.07.2025,

which does not satisfy the requirement of 15 clear days

between the date of receipt of notice and the date of the

meeting. Form-I was not furnished along with the notice.

Form-I was subsequently served on the petitioner's wife on

01.07.2025, which does not amount to valid service.

12. It is further contended that the Assistant

Commissioner acted in haste and without application of

mind, as the mandatory waiting period of 10 days from the

date of receipt of the members' requisition was not

observed. The impugned notice also fails to disclose the

allegations or grounds for the No Confidence Motion, thereby

violating principles of natural justice.

13. It is further submitted that no notice of intention

to hold the meeting was served on the President as required

under Section 52 of the Karnataka Gram Swaraj and

Panchayat Raj Act, 1993 ('Panchayat Raj Act' for short), and

that Form No.1 itself is invalid, rendering all subsequent

proceedings void ab initio.

14. The learned senior counsel appearing for the

petitioner in W.P.No.20174/2025 has relied on the following

decisions:-

• Sangappa v. The Assistant Commissioner, Bijapur District & Anr., reported in ILR 2004 KAR 1102;

• Jai Charan Lal Anal v. State of U.P. & Ors., reported in 1967 SCC OnLine SC 288;

• Smt. Roopa v. The State of Karnataka, reported in ILR 2019 KAR 1373;

• Smt. Hanamavva v. The Assistant Commissioner, Bagalkot & Ors., reported in ILR 2022 KAR 4953.

• National Insurance Company Limited v. Pranay Sethi and Others, reported in (2017) 16 SCC 680;

• State of Uttar Pradesh and Others v. Ajay Kumar Sharma and Another, reported in (2016) 15 SCC 289; and

• R. Muniswamy v. The State of Karnataka and Others, by Order dated 23.11.2018 passed in Writ Petition No.52364/2018 (LB-ELE).

15. The learned counsel appearing for the appellant in

W.A.No.207/2025 submitted that the appellant was served

notice dated 19.12.2024 on 24.12.2024 and the date for the

special meeting was fixed on 07.01.2025. As the meeting

convened on 07.01.2025 was adjourned, the learned Single

Judge re-fixed the meeting date for the no-confidence

motion as 10.02.2025 at 11:00 am, under Rule 3(2) of the

1994 Rules. It is contended that the learned Single Judge

has committed a jurisdictional error because it is the

Assistant Commissioner who is empowered to fix the date,

time and place of the special meeting. The Court cannot

substitute its own date in place of the statutory authority.

16. It is further contended that the Assistant

Commissioner has failed to comply with the directions of the

learned Single Judge regarding issuance of notice to the

members who were not present before the Court. The

learned Single Judge had observed that fresh notice was not

required for those who were present before the Court but

must be issued to those who were absent. However, the

Assistant Commissioner did not serve notice upon the

absent members. This procedural irregularity further vitiates

convening of the special meeting, rendering the proposed

meeting date of 10.02.2025, as illegal.

17. It is also further contended that under the threat

and influence of the Panchayat member, the appellant had

to tender her resignation on 12.12.2024. Although, she

withdrew the resignation within ten days on 20.12.2024 and

the Assistant Commissioner acknowledged the withdrawal,

this fact was not considered by the learned Single Judge.

18. The learned counsel appearing for the petitioner

in W.P.No.19571/2025 has raised similar contentions

relating to violation of Section 49 of the Panchayat Raj Act.

It is further contended that the date of receipt of notice is

uncertain making computation of 15 clear days impossible.

19. The learned counsel for the petitioner in

W.P.No.4557/2025 contends that a No-Confidence Motion

had been initiated against the petitioner through a notice

dated 30.01.2025, which was allegedly served on her by

way of affixture on 13.02.2025. The meeting to consider the

No-Confidence Motion had been fixed on 21.02.2025 at

11:00 am. It is contended that the notice was not properly

served and that mandatory statutory requirements under

Section 49 of the Panchayat Raj Act and Rule 3(2) of the

1994 Rules have not been complied with. It is further

contended that the contents of the No-Confidence Motion,

including the names of the signatories and the date of

submission, were not disclosed to the petitioner.

20. The learned Additional Advocate General

appearing for the respondents/State, on the other hand,

contended that what is contemplated is the dispatch of

notice which is the only step which can be ascertained with

certainty. It is contended that in the light of the language of

the provision, the "15 days time" will have to be considered

from the date on which the notice is dispatched in

accordance with the Section and the Rule. It is contended

that since the date of receipt is open to interpretation and

cannot be clearly ascertained by the Authority, it cannot be

relied upon for calculating the 15 days period.

21. It is further contended that the requirement of

giving "not less than fifteen clear days' notice" under Rule

3(2) of the Rules, 1994 must be construed as mandatory,

because the procedure implements a statutory right granted

to members under Section 49 of the Panchayat Raj Act. The

Rules are framed under a delegated power conferred by

Section 49 of the Panchayat Raj Act, which deals with the

removal of an elected office bearer. Since the rule

prescribes the mechanism for exercising this statutory right,

strict adherence to the procedural requirement of Rule 3(1)

and Rule 3(2) of the 1994 Rules, is necessary. Therefore, it

is contended that notice must be issued strictly in

accordance with the Rules 1994.

22. It is further contended that although the rule is

mandatory, the question of compliance must be assessed

through the prism of whether substantial prejudice has been

caused. The learned AAG contended that any minor shortfall

in clear-day computation is only a procedural irregularity

cured by Section 57(2) of the Panchayat Raj Act, and the

proceedings cannot be invalidated unless the Adhyaksha

proves actual prejudice. If the purpose behind the rule

providing adequate opportunity to the elected head is

satisfied, minor computational or technical irregularities will

not invalidate the meeting.

23. It is further contended that, for the purpose of

computing the fifteen clear days' notice period, the operative

date is the date of dispatch or issuance of the notice by the

competent authority and not the date of actual receipt by

the members. Once the notice is dispatched with proper

addressing and postage, the statutory requirement of

"giving notice" is fulfilled. Delivery is only a procedural step,

and the process begins at issuance.

24. The learned Additional Advocate General

appearing for the respondents relied on the following

citations:-

• Geetha Pandit Rao & Anr. v. The State of Karnataka & Ors., by order dated 30.11.2020 passed in W.P.No.7717/2020 and W.P.No.226494/2020;

• Smt. Chinnamma v. The State of Karnataka & Anr., by order dated 01.02.2025 passed in W.P.No.31799/2024 c/w. W.P.No.32470/2024;

• Smt. Savitri v. The State of Karnataka & Ors., by order dated 18.02.2025 passed in W.A.No.200026/2025 c/w. W.A.No.200029/2025;

• T. Nagaraju v. Asst. Commissioner & Ors., by order dated 11.09.2019 passed in W.P.No.4355/2019 along with connected matters;

• Sri Dilipa B.T. & Ors. v. The State of Karnataka & Ors., by order dated 23.07.2025 passed in W.P.No.20789/2025;

• K.Narasimhiah v. H.C. Singri Gowda & Ors., reported in 1964 SCC OnLine SC 278; and

• Gouri Shankar v. Asst. Commissioner, by order dated 08.01.2014 passed in W.P.No.100123/2014.

25. We have considered the contentions advanced. A

Full-Bench of this Court in C. Puttaswamy's case (supra)

was considering the provisions of Section 47(3) of the

Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal

Panchayat and Nyaya Panchayats, Act 1983 ('1983 Act' for

short). The provision was almost identical to Rule 3(2) of the

1994 Rules. Section 47(3) of the 1983 Act provided the

Assistant Commissioner shall give to the members a notice

of "not less than 15 clear days" of such meeting in such

manner as may be prescribed. Relying on the judgments of

the Apex Court in K.Narasimhaiah v. H.C. Singri Gowda

reported in AIR 1966 SC 330 and Sharif-ud-Din v. Abdul

Gani Lone reported in (1980) 1 SCC 403, the Full Bench

held that Section 47 of 1983 Act is a complete code in itself

deliberately provided by the legislature, having regard to the

importance of the elective office of the Pradhan and Upa-

pradhan. The question referred was therefore answered thus

at paragraph No.18, which reads as follows:-

"18. The provision under S. 47(3) of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, requiring the Assistant Commissioner to give to members

of a Mandal Panchayat notice of a meeting for consideration of a motion of no-confidence against the Pradhan or Upa-pradhan "of not less than 15 clear days of such meeting" is mandatory."

26. From a clear reading of the said judgment of the

Full Bench and the judgments of the Apex Court which are

relied on therein, we are clear in our mind that the

provisions of Section 49 of the Panchayat Raj Act and Rule 3

of 1994 Rules are mandatory in nature. We are of the

opinion that the fourth question raised in this reference also

stands answered by the Full Bench judgment.

27. There is no requirement for us to consider the

said issues afresh. In the light of the finding of the Full

Court, we are bound by the same and we answer the

reference holding that the not less than 15 clear days notice

under Rule 3(2) of the 1994 Rules is to be construed as

mandatory. The fourth question posed is also answered

holding that the provisions of the Rules require strict

compliance.

28. We are also of the opinion that the clear days

notice as provided in the Rules has to be computed

excluding the day of giving notice and the day on which the

no-confidence motion is to be held. This is clearly so in view

of Section 9 of the General Clauses Act, 1897 and the

decision of the Apex Court in Jai Charan Lal Anal's case

(supra), which held as follows:-

"4. x x x x Since the notice was despatched on the 17th and presumably reached the next day the learned counsel excludes the date of receipt of the notice and the date of the meeting and says that seven days did not intervene. In our judgment this is an erroneous reading of the sub-section. The sub-section says that the District Magistrate shall send the notice not less than seven clear days before the date of the meeting and the word "send"

shows that the critical date is the date of the despatch of the notice. As the notice was sent on the 17th and the meeting was to be called on the 25th, it is obvious that seven clear days did intervene and there was no breach of this part of the section."

29. Therefore, the only question which needs our

consideration in this batch of writ petitions and writ appeal

is:

Whether the phrase give a notice of not less than 15 clear days refers to the date of dispatch of

notice or the date of its actual delivery to the members?

30. To consider this question, the relevant provisions

of law require to be considered. Section 49 of the Panchayat

Raj Act reads as follows:-

"49. Motion of no-confidence against Adhyaksha or Upadhyaksha of Grama Panchayat.- [(1)] Every Adhyaksha or Upadhyaksha of Grama Panchayat shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of not less than two thirds of the total number of members of the Grama Panchayat at a meeting specially convened for the purpose in accordance with the procedure as may be prescribed:

Provided that no such resolution shall be moved unless notice of the resolution is signed by not less than [one-half] of the total number of members and at least ten days notice has been given of the intention to move the resolution:

[Provided further that no resolution expressing want of confidence against an Adhyaksha or Upadhyaksha, shall be moved [within the first [fifteen months]] from the date of his election:

Provided also that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by a Grama Panchayat a similar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, [six

months] from the date of the decision of the Grama Panchayat.]"

Rule 3 of the Rules, 1994 reads as follows:-

" 3. Motion of No-confidence.- (1) A written notice of intention to make the motion under the proviso to Section 49 shall be in Form- I Signed by [not less than specified in Section 49(1)] of the total number of members together with a copy of the proposed motion shall be delivered in person [specified under sub-section (2) of Section 49, the allied particular allegations with notice enlisted in written witnesses and evidences submitted in person] by any two of the members signing the notice to the Assistant Commissioner.

(2) The Assistant Commissioner shall thereafter convene a meeting for the consideration of the said motion at the office of the Grama Panchayath on the date appointed by him which shall not be later than thirty days from the date on which the notice under sub-rule (1) was delivered to him. He shall give to the members a notice of not less than fifteen clear days of such meeting in Form II: [The Assistant Commissioner shall make sure that the allegations delivered are specific in the attached list of notice to prepare a report within seven days in respect of Taluk Panchayat Executive Officer]:

Provided that where the holding of such meeting is stayed by an order of a Court, the Assistant Commissioner shall adjourn the said meeting and shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay, after giving to the members,

after giving to the memebers a notice of not less than fifteen clear days of such adjourned meeting.

(3) A notice is Form II shall be given to every member including the Adhyaksha and Upadhyaksha.-

(a) by delivering or tendering the said notice to such member; or

(b) if such member is not found, by leaving such notice at his last known place of residence or business within the Grama Panchayat or by giving or tendering the same to some adult member or servant of his family; or

(c) by registered posts; or

(d) if none of the means aforesaid be available, by affixing such notice on some conspicuous part of the house, if any, in which the member is known to have last resided or carried on business within the Grama Panchayat.

(4) The quorum for such meeting shall be two thirds of the total number of members of the Grama Panchayat. The Assistant Commissioner shall preside at such meeting.

(5) Save as otherwise provided in the Act or these rules, a meeting convened for the purpose of considering a motion under sub-rule (2) shall not for any reason be adjourned.

(6) If there is no quorum, within one hour after the time appointed for the meeting, the meeting shall

stand dissolved and the notice given under sub-rule (1) shall lapse.

(7) As soon as the meeting convened and sub-

rule (2) commences the Assistant Commissioner shall read to the member of the Grama Panchayat, the motion for the consideration of which the meeting has been convened and shall put it to vote without any debate.

(8) The Assistant Commissioner shall not speak on the merits of the motion and he shall not be entitled to vote thereon.

(9) If the motion is carried by a majority of not less than two thirds of the total number of members of the Grama Panchayat, the Adhyaksha or Upadhayksha, as the case may be, shall forthwith cease to function as such and the Assistant Commissioner shall, as soon as may be, notify such cessation on the notice board of the office of the Grama Panchayat and also inform the Adhyaksha or Upadhyaksha, as the case may be, regarding such cessation, if he is not present at the meeting.

(10) After the cessation is notified under sub-rule (9) the Adhyaksha or Upadhyaksha as the case may be shall, immediately hand over all documents, moneys or other properties of the Grama Panchayat in his custody to the Secretary of the Grama Panchayat.

(11) The election to the office of Adhyaksha or Upadhyaksha shall not be held until the notification under sub-rule (9) removing the Adhyaksha or Upadhyaksha, as the case may be, is published.

FORM II [See Rule 3(2)] NOTICE Sub: No-Confidence Motion against Adhyaksha or Upadhyaksh of ......... Grama Panchayt - reg.

A meeting to consider the No-Confidence Motion Against the Adhyaksha or Upadhyaksha of .......... Grama Panchayat will be held on ........... (week day) the .......... day (date) of ............. (Month) 19 ........... (Year) at ................ (time) in the office of the said Grama Panchayat.

You are therefore requested to attend the said meeting on the date and at the place and time mentioned above.

Assistant Commissioner To,

Sri/Smt....................."

31. The learned Single Judge in the reference order

has referred to these provisions and has also noticed that

the entire exercise of accepting the notice in Form I

submitted by the required number of members to the

issuance of notice to individual members and the holding of

the no-confidence motion have all to be completed within a

period of 30 days, failing which, the meeting for the no-

confidence motion cannot be held. The intention of providing

15 clear days notice to the members is only to see that the

members have the required time to know that a no-

confidence motion is being moved, so that the presence of

the maximum number of members at the motion. The

procedure of issuance of notice cannot be a pedantic

exercise to defeat a no-confidence motion being conducted

at all. No hyper technicalities can be pleaded in the matter

of conducting grass root level administration at the basic

level of democratic Governance. If the Adhyaksha or the

Upadhyaksha of a Panchayat has lost the confidence of the

majority of the members constituting the Panchayat, then a

no-confidence motion is liable to be moved within the time

as provided in the rules.

32. In Gita Pandit Rao's case (supra), the learned

Single Judge of this Court by judgment dated 30.11.2020,

considering the decisions of the Division Bench as well as

the Full Bench of this Court and the decision in M.

Muniappa v. State of Karnataka reported in ILR 1998

Karnataka 3989, held that the relevant date for

consideration of the notice of no-confidence motion would be

the date of issuance of notice of motion by the Competent

Authority and not the date of receipt of such notice by the

members of the Panchayat. This conclusion was reached

after interpreting the decisions including Bench decisions of

this Court on the point. Paragraph No.61 of the judgment in

Gita Pandit Rao's case (supra), reads as follows.:-

"61. In order to answer the averments made by the petitioners with regard to amendment to Rule 3(2) of the Rules, 2020, the interpretation of calculating the requisite number of days for issuing Form-II was considered by this Court in the case of GOURI SHANKAR (supra) wherein this Court, while dealing with Section 47 of the Panchayat Raj Act, held as follows:

"Procedure prescribed under Rule 3 is to effectuate the purpose and intent of substantive law namely, Section 49 of Karnataka Panchayat Raj Act, and even considering the fact that Full Bench of this Court has held compliance of Rule 3 is mandatory, when facts on hand are examined, it would clearly indicate that the notice of meeting-Annexure-A dated 23.12.2013 for considering no-confidence motion meeting is proposed to be held on 10.01.2014 and merely because petitioner has received said notice on 29.12.2013 and thereby there is shortfall of 15 days notice, would not be a ground to interfere by this Court in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. It is not the receipt of notice but the date of dispatch of meeting notice which would be a factor which requires to be considered for examining as to whether there is infraction of Rule 3(2)."

33. It is to be borne in mind that the word used in the

Rule is "give" notice. Notice can be given to each member

by the four means stated in Rule 3(3) of 1994 Rules. Giving

a notice by registered post involves the act of sending the

notice and the recipient receiving the notice. However,

when the word 'give' is used in a context where the entire

exercise under the Rule is required to be completed in a

time bound manner, the provision cannot be interpreted in a

manner that will defeat the very purpose of the provision.

In all other modes of service under Rule 3(3) of 1994 Rules,

that is, tender of notice to the member, leaving it at his last

known place of residence and affixture, the act of giving

notice is complete once the act is done, regardless of

whether the member actually receives the notice.

34. We also notice that the question of each member

of the Panchayat receiving the notice sent by registered post

is not something which can be ascertained with any degree

of certainty. If the receipt of notice sent by registered post

by each member of the Panchayat is to be taken into

account, the conduct of a no-confidence motion can easily

be defeated by some members evading notice, so that the

statutory period of 30 days from the date of notice given by

the required number of members, is defeated and the no-

confidence motion cannot be moved. This cannot be the

intention of the statute. However, to say that the date of the

notice is to be taken into account is also fraught with

difficulties because the Assistant Commissioner, who is

entrusted with the sending of the notice can date the notice

or even pre-date it, but delay the sending of the notice to

the members to defeat proper attendance at the no-

confidence motion.

35. Having considered the contentions advanced and

the provisions of the rules and the decisions on the point, we

are clearly of the opinion that the only date which can be

certainly relied on as the starting point for the 15 clear days

notice is the date on which the notice is dispatched to the

members of the Panchayat by the designated authority by

the method prescribed by law.

36. It is the date of dispatch of the notice under Rule

3(2) of the 1994 Rules in Form II that starts the clock for

counting the '15 clear days'. Therefore, the '15 clear days'

under Rule 3(2) of the Rules 1994 has to be computed from

the date of dispatch of the notice by excluding the said day

as well as the day on which the 'No-confidence motion' is

held. We answer the reference accordingly. Accordingly, the

Writ Appeal No.207/2025 fails.

37. In the above view of the matter, we answer the

reference as follows:-

(i) The requirement of giving not less than 15 clear

days notice under Rule 3(2) of the 1994 Rules is

mandatory in nature.

(ii) The statutory phrase "give" notice of not less

than 15 clear days refers to the date of dispatch

of notice and not the date of its actual delivery to

members.

(iii) The date of dispatch of the notice and the date of

meeting are to be excluded in computing the 15

clear days notice period.

(iv) Strict compliance with the prescribed procedure is

required to validate a no-confidence motion and

the form of notice and the timeline are to be

adhered to.

38. We have considered the facts of the cases in the

light of the answers to the reference. Since the primary

contention urged in these cases is with regard to the non-

availability of 15 clear days notice from the date of receipt of

the notice by the members to the date of convening of the

Special General Meeting, we are of the opinion that the writ

appeal and the writ petitions cannot succeed.

39. The starting point for notice to the members

under Rule 3(2) of 1994 Rules is the date of dispatch of the

notice. The reference is answered as above.

40. In the result:-

           (i)    Writ   Appeal          No.207/2025,    is

                  dismissed.

           (ii)   Writ       Petitions     No.20174/2025,

                  19571/2025       and    4557/2025,    are

                  dismissed.





Pending interlocutory applications shall stand disposed

of in all the matters.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(RAJESH RAI K) JUDGE

cp*

 
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