Karnataka High Court
Smt. Gangavva W/O. Siddappa Kurabar vs The State Of Karnataka on 1 February, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:2048
WP No. 100676 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.100676 OF 2025 (LB-ELE)
BETWEEN:
SMT. MULABAI @ BHARATI W/O. ASHOK PATIL
AGE. 55 YEARS, OCC. AGRICULTURE AND
VICE-PRESIDENT, GRAM PANCHAYAT,
CHAPAGAON, R/O.CHAPAGAON,
TQ. KHANAPUR, DIST. BELAGAVI-591120.
...PETITIONER
(BY SRI. R.M.HIREMATH AND
SRI SUJEET S.HIREMATH., ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
R/BY IT'S SECRETARY RURAL DEVELOPMENT
AND PANCHAYAT RAJ DEPARTMENT,
M.S. BUILDING, 3RD FLOOR, BENGALURU-560001.
ASHPAK
KASHIMSA
MALAGALADINNI
2. THE ASSISTANT COMMISSIONER,
Location: HIGH BELAGAVI SUB-DIVISION, BELAGAVI,
COURT OF
KARNATAKA DIST. BELAGAVI-590001.
DHARWAD
BENCH
3. GRAM PANCHAYAT,
CHAPAGAON, TQ. KHANAPUR,
DIST. BELAGAVI-591120, R/BY ITS
PANCHAYAT DEVELOPMENT OFFICER.
PIN-591120.
4. SHRI. MARUTI S/O. PUNNAPPA CHOPADE,
AGE. 38 YEARS, OCC. AGRICULTURE AND
GP MEMBER, R/O. H. NO.78, CHAPAGAON,
TQ. KHANAPUR, DIST. BELAGAVI-591120.
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NC: 2025:KHC-D:2048
WP No. 100676 of 2025
5. SMT. LAXMI W/O. HANAMANT MADAR
AGE. 46 YEARS, OCC. AGRICULTURE AND
GP MEMBER, R/O. CHAPAGAON,
TQ. KHANAPUR, DIST. BELAGAVI-591120.
6. SHRI. NAGARAJ S/O. BASVANNEPPA YALLURKAR
AGE. 41 YEARS, OCC. AGRICULTURE AND
GP MEMBER, R/O. CHAPAGAON,
TQ. KHANAPUR, DIST. BELAGAVI-591120.
7. SMT. DEMAVVA W/O. PIRAJI MADAR,
AGE. 44 YEARS, OCC. AGRICULTURE AND
GP MEMBER, R/O. BASAVESHWAR GALLI,
CHAPAGAON, TQ. KHANAPUR,
DIST. BELAGAVI-591120.
8. SHRI. NAJEER S/O. DADASAHEB SANADI
AGE. 50 YEARS, OCC. AGRICULTURE AND
GP MEMBER, R/O. H. NO.255, CHAPAGAON,
TQ. KHANAPUR, DIST. BELAGAVI-591120.
9. SMT. SNEHAL W/O. SAYAJI PATIL
AGE. 35 YEARS, OCC. AGRICULTURE AND
GP MEMBER, R/O. H. NO.76, CHAPAGAON,
TQ. KHANAPUR, DIST. BELAGAVI-591120.
...RESPONDENTS
(BY SRI. V.S.KALASURMATH, AGA FOR R1 AND R2;
SRI. V.SHIVARAJ HIREMATH, ADVOCATE FOR R3;
SRI. DEEPAK KULKARNI, ADVOCATE FOR R4 TO R9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING
ANNEXURE-D, THE IMPUGNED NOTICE DATED. 20-01-2025 BEARING
NO. CHUNAVANE/GRA.PAM/VIVA-02/2024-25 ISSUED BY
RESPONDENT NO.2 TO THE PETITIONER SHCEDULING THE DATE
AND TIME OF MEETING FOR NO CONFIDENCE MOTION AS 05-02-
2025 AT 11.00AM; AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 100676 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the
following reliefs:
a. Issue a Writ of Certiorari or any other Writ or order
quashing Annexure-D, the impugned notice dated.
20-01-2025 bearing no. ZÀÄ£ÁªÀu/É UÁæ.¥ÀA/«ªÀ-02/2024-
25 issued by Respondent no.2 to the Petitioner
shceduling the date and time of meeting for No
Confidence Motion as 05-02-2025 at 11.00AM.
b. Issue any other Writ/Order or direction deemed fit
and proper, in the interest of justice and equity.
2. The petitioner is aggrieved by the impugned notice
dated 20.01.2025 issued by the respondent No.2 -
Assistant Commissioner fixing the meeting to
consider the No-Confidence Motion on 05.02.2025 at
11.00 a.m.
3. The submission of Sri.R.M.Hiremath and Sri. Sujeet
S.Hiremath, learned counsels for the petitioner is
that, the alleged requisition submitted by the
members of the Grama Panchayat has been received
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by the Panchayat Development Officer (PDO) who
has thereafter forwarded the same to the Assistant
Commissioner and this he submits is contrary to
Sub-rule (1) of Rule 3 of the Karnataka Panchayat
Raj (Motion of No-Confidence Against Adhyaksha
And Upadhyaksha of Grama Panchayat) Rules, 1994
and in that regard he relies upon a decision of the
Co-ordinate Bench of this Court in Sangan Gowda
N. Biradaar and Anr. vs. Principal Secretary of
Panchayath Karnataka Gate-3 and Ors in WP
No.203171 of 2024 dated 26.11.2024. His
submission is that the said judgment would be
equally applicable to the present matter and the
notice issued by the Assistant Commissioner would
have to be quashed.
4. Sri. V. S. Kalsurmath, learned AGA appearing for the
State would however contend that no prejudice
would be caused to the petitioner if the requisition
notice is received by the PDO and forwarded to the
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Assistant Commissioner in as much as the PDO has
only identified the signatories to the requisition
notice and the PDO has not taken any action or
passed any order. He thus, submits that there is no
mandatory provision, which has been violated by the
PDO, the notice having been issued by the Assistant
Commissioner who is the authorized officer cannot
be faulted with.
5. Heard Sri. Sri.R.M.Hiremath and Sujeet S.Hiremath,
learned counsels for the petitioner, Sri.V.S.
Kalsurmath, learned AGA for respondents No.1 and
2, Sri. V.Shivaraj Hiremath, learned counsel for
respondent No.3 and Sri. Deepak Kulkarni, learned
counsel for respondents No.4 to 9. Perused papers.
6. The aspect of whether the PDO could affix any
writing, signature or seal on a requisition notice has
been dealt with by the co-ordinate Bench of this
Court in Sangan Gowda N. Biradaar's
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case(supra). The said judgment having attained
finality, the same not having been challenged and no
judgment having been placed on record contra to
what has been dealt by the Co-ordinate Bench, the
submission made by the learned AGA cannot be
looked into dehors the judgment of the Co-ordinate
Bench.
7. In view thereof, the Co-ordinate Bench having
categorically held that there cannot be any writing
affixed on a requisition notice, calling for a meeting
to consider the No Confidence Motion, I am of the
considered opinion that in the present case the
requisition notice containing the seal and signature
of the PDO is not sustainable and as such the
judgment in Sangan Gowda N. Biradaar's case
(supra) is applicable to the present case.
8. In that view of the matter, I pass the following:
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ORDER
i. The Writ petition is allowed.
ii. A certiorari is issued, the impugned no-
confidence meeting notice dated 20.01.2025
bearing No.ZÀÄ£ÁªÀu/É UÁæ.¥ÀA/«ªÀ-02/2024-25 at
Annexure-D, passed by respondent No.2, is
quashed.
iii. Liberty is reserved to respondents No.4 to 9 to
submit a fresh/new representation directly to
respondent No.2-Assistant Commissioner
without involving the Panchayat Development
Officer, such requisition to be submitted as held
by this Court in Sangan Gowda N. Biradaar's
case.
iv. In the event of such a representation being
submitted by respondents No.4 to 9,
respondent No.2-Assistant Commissioner shall
receive the same and proceed further in
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accordance with law without reference to
Section 49 (B-i) including its proviso to the
Karnataka Gram Swaraj and Panchayat Raj Act,
1993.
v. The Principal Secretary, Panchayat Raj and
Rural Development Department is also directed
to take disciplinary action against the concerned
Panchayat Development Officer - respondent
No.3 for acting in violation of order dated
26.11.2024 passed in WP No.203171 of 2024.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
AM
