Karnataka High Court
Sri Suresh S/O. Tirakappa Sorad vs The State Of Karnataka on 25 January, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC-D:1513
WP No. 100224 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 25TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.100224 OF 2025 (LB-RES)
BETWEEN:
SRI. SURESH S/O. TIRAKAPPA SORAD,
AGE ABOUT 50 YEARS, OCC: PRESIDENT,
KUNUMELLIHALLI, GRAM PANCHAYATH,
R/O. KUNUMELLIHALLI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
...PETITIONER
(BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
RURAL DEVELOPMENT AND
PANCHYATH RAJ DEPARTMENT,
ASHPAK 3RD FLOOR, M.S. BUILDING,
KASHIMSA
MALAGALADINNI BENGALURU-560001.
Location: HIGH
COURT OF 2. THE ASSISTANT COMMISSIONER,
KARNATAKA
DHARWAD SAVANUR, HAVERI DISTRICT-581118.
BENCH
3. SMT. NIRMALA W/O. SHEKAPPA BHAJANTRI,
AGE ABOUT 30 YEARS, OCC: MEMBER,
KUNUMELLIHALLI, GRAM PANCHAYATH,
R/O. MELLAGATTI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
4. SRI. PARASHURAM S/O. GUDDAPPA JUNJANNAVAR,
AGE ABOUT 37 YEARS, OCC: MEMBER,
KUNUMELLIHALLI, GRAM PANCHAYATH,
R/O. KUNUMELLIHALLI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
-2-
NC: 2025:KHC-D:1513
WP No. 100224 of 2025
5. SMT. PUSHPA W/O. CHIKAPPA DASAR,
AGE: 38 YEARS, OCC: MEMBER,
KUNUMELLIHALLI, GRAM PANCHAYATH,
R/O. KUNUMELLIHALLI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
6. SRI. YELLAPPA S/O. NAGAAPPA GUDDAPPANAVAR,
AGE: 40 YEARS, OCC: MEMBER,
KUNUMELLIHALLI, GRAM PANCHAYATH,
R/O. MANNANGI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
7. SRI. RAJKUMAR S/O. HEGGAAPPA KADDIYAVAR,
AGE: 39 YEARS, OCC: MEMBER,
KUNUMELLIHALLI, GRAM PANCHAYATH,
R/O. MANNANGI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
8. SMT. CHANDRAKALA
W/O. BASAVARAJ KAMMAR,
AGE: ABOUT 35 YEARS, OCC: MEMBER,
KUNUMELLIHALLI, GRAM PANCHAYATH,
R/O. MANNANGI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
9. SMT. GEETHA W/O. CHANDRAGOUDA GALIGOUDRA,
AGE: ABOUT 36 YEARS, OCC: MEMBER,
KUNUMELLIHALLI, GRAM PANCHAYATH,
R/O. MANNANGI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
10. SRI. NINGAPPA S/O. VEERAPPA CHIGALLI,
AGE: ABOUT 35 YEARS, OCC: MEMBER,
KUNUMELLIHALLI, GRAM PANCHAYATH,
R/O. MELLAGATTI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
11. SMT. HUVAKKA W/O. HANUMANTHAPPA PALLED,
AGE: ABOUT 57 YEARS, OCC: MEMBER,
KUNUMELLIHALLI, GRAM PANCHAYATH,
R/O. MELLAGATTI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
12. SRI. SANGANAGOUDA S/O. RUDRAGOUDA HOMBARADI,
AGE: ABOUT 39 YEARS, OCC: MEMBER,
KUNUMELLIHALLI, GRAM PANCHAYATH,
-3-
NC: 2025:KHC-D:1513
WP No. 100224 of 2025
R/O. MELLAGATTI VILLAGE,
TQ: SAVANUR, DISTRICT: HAVERI-581110.
...RESPONDENTS
(BY SRI. V.S. KALASURMATH, AGA FOR R1-R2;
SRI. CHETAN MUNNOLI, ADVOCATE FOR R3-R12)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI AND QUASH THE IMPUGNED
NOTICE.NO.CHUNAVANE/A.V/VAHI-08/2024-25 DATED 21/12/2024
ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-E, AND ISSUE
WRIT OF CERTIORARI AND QUASH THE IMPUGNED
REPRESENTATION DATED 17/12/2024 GIVEN BY THE RESPONDENT
NO.3 TO 12 TO RESPONDENT NO.2 VIDE ANNEXURE-D AND ISSUE
ANY OTHER WRIT OR DIRECTION AS DEEMED FIT BY THIS HON'BLE
COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND TO
MEET THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the
following reliefs:
i. Issue writ of certiorari and quash the impugned
notice.No.Chunavane/A.V/VaHi-08/2024-25
dated 21/12/2024 issued by the Respondent
No.2 vide Annexure-E.
ii. Issue writ of certiorari and quash the impugned
representation dated 17/12/2024 given by the
respondent No.3 to 12 to respondent No.2 vide
Annexure-D; and
iii. Issue any other writ or direction as deemed fit
by this Hon'ble court in the facts and
circumstances of the case and to meet the ends
of justice and equity.
NC: 2025:KHC-D:1513
2. The contention of the petitioner is that Assistant
Commissioner has accepted the requisition notice
issued under sub-Rule (2) of Rule 3 of The
Karnataka Gram Swaraj and Panchayat Raj
(Motion of No-confidence against Adhyaksha and
Upadhyaksha of Grama Panchayat) Rules, 1994,
which requisition notice bears the seal, signature
and endorsement of the Panchayat Development
Officer.
3. The submission of Sri Vidyashankar G.Dalawai,
learned counsel for the petitioner is that the same
is contrary to the decision rendered by the
Co-ordinate Bench of this Court in the case of
Sri Sangana Gouda N.Biradaar and Another
vs Principal Secretary of Panchayat
Karnataka and others1.
4. Learned Additional Government Advocate
appearing for respondents No.1 and 2 submits
W.P.No.203171/2024, disposed of on 26.11.2024
NC: 2025:KHC-D:1513
that the endorsement of the Panchayat
Development Officer is only for the purpose of
identification and as such, no fault could be found
therewith.
5. Heard the learned counsels appearing for the
petitioner and respondents. Perused the writ
petition papers.
6. This Court vide its' judgment dated 26.11.2024
passed in Sri Sangana Gouda N.Biradaar's
case(supra), has categorically held that the Rules
do not provide for any kind of writing signature on
endorsement of the Panchayat Development
Officer and has quashed the said requisition notice
and all action taken in pursuant thereto. The
judgment having been rendered on 26.11.2024,
was required to be followed by all the Panchayat
Development Officers in the State. Despite which,
in the present requisition notice dated 17.12.2024,
a Panchayat Development Officer has endorsed
NC: 2025:KHC-D:1513
and affixed his signatures, which is contrary to the
decision of the Co-ordinate Bench of this Court in
Sri Sangana Gouda N.Biradaar's case (supra).
7. In that view of the matter, I pass the following;
ORDER
i) Writ petition is allowed.
ii) A certiorari is issued, the impugned notice
bearing No.Chunavane/A.V/VaHi-08/2024-25
dated 21.12.2024 issued by respondent No.2
at Annexure-E and the impugned requisition
dated 17.12.2024 at Annexure-D, are
quashed.
iii) Liberty is reserved to respondents No.3 to 12
to submit a fresh requisition notice in terms of
the applicable law to the Assistant
Commissioner directly without getting any
endorsement or the like from the Panchayat
Development Officer.
NC: 2025:KHC-D:1513
iv) The Principal Secretary of Rural Development
and Panchayat Raj Department is directed to
initiate necessary enquiry and action against
the concerned Panchayat Development Officer
for having violated the dicta laid down by this
Court in Sri Sangana Gouda N.Biradaar's
case (supra).
v) Though the above petition is disposed of, re-
list on 25.02.2025 for the Principal Secretary
to submit his report as regards the action
taken.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
AM
CT-MCK
