Karnataka High Court
Smt Sangeeta vs The State Of Karnataka on 12 March, 2025
Author: K Natarajan
Bench: K Natarajan
-1-
NC: 2025:KHC-K:1599-DB
WA No. 200052 of 2025
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE K NATARAJAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO.200052 OF 2025 (LB-ELE)
BETWEEN:
SMT. SANGEETA
W/O NAGESH KAMBALE,
AGED ABOUT 38 YEARS, OCC: PRESIDENT,
GRAM PANCHYATH ATANOOR
R/O ATANOOR VILLAGE TQ. AFZALPUR,
DIST. KALABURGI- 585301
...APPELLANT
(BY SRI R.S. KADGANCHI, ADVOCATE)
Digitally signed
by NIJAMUDDIN AND:
JAMKHANDI
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA BY ITS SECRETARY DEPARTMENT OF
PANCHAYAT RAJ AND RURAL DEVELOPMENT,
M.S. BUILDING BENGALOORU-560001
2. THE DEPUTY COMMISSIONER
KALABURGI-585101
3. THE ASSISTANT COMMISSIONER
KALABURGI-585102
4. THE EXECUTIVE OFFICER
TALUKA PANCHAYAT,
-2-
NC: 2025:KHC-K:1599-DB
WA No. 200052 of 2025
KALABURGI-585102
5. GRAM PANCHAYAT, ATANOOR
REPRESENTED BY ITS
PANCHAYAT DEVELOPMENT OFFICER
TQ. AFZALPUR, DIST. KALABURGI-585 301
6. SMT. BISMILLA W/O AYUB PATEL,
AGED ABOUT 32 YEARS, OCC: MEMBER
AND VP OF GRAM PANCHYATH, ATANOOR.
7. SMT. SANTOSHKUMARI
W/O MALLIKARJUN KHARGE,
AGED ABOUT 45 YEARS, OCC: MEMBER,
GRAM PANCHYATH, ATANOOR VILLAGE.
8. SRI MALIKAPPA S/O NINGAPPA PUJARI,
AGED ABOUT 35 YEARS, OCC: MEMBER,
GRAM PANCHYATH ATANOOR VILLAGE.
9. SMT. SHOBHA W/O GURU PATIL,
AGED ABOUT 45 YEARS, OCC: MEMBER,
GRAM PANCHYATH, ATANOOR VILLAGE.
10. SRI IRANNA GOUDA
S/O SHIRAGAPPA GOUDA,
AGED ABOUT 34 YEARS, OCC: MEMBER,
GRAM PANCHYATH, ATANOOR VILLAGE
11. SMT. JAYASHREE
W/O SIDHARAM UPPIN,
AGED ABOUT 33 YEARS, OCC: MEMBER,
GRAM PANCHYATH, ATANOOR VILLAGE.
12. SRI SHIVANINGAYYA
S/O IRAYYA SUGAIGOLA,
AGED ABOUT 35 YEARS, OCC: MEMBER,
GRAM PANCHYATH, ATANOOR VILLAGE.
13. SRI RAFEEQ
S/O MAHIBOOB SAB DADEDAR,
AGED ABOUT 34 YEARS, OCC: MEMBER,
-3-
NC: 2025:KHC-K:1599-DB
WA No. 200052 of 2025
GRAM PANCHYATH, ATANOOR VILLAGE.
14. SMT. NAGAMMA
W/O SHARANAPPA SUTAR,
AGED ABOUT 52 YEARS, OCC: MEMBER,
GRAM PANCHYATH, ATANOOR VILLAGE.
15. SMT. PARVATI
W/O JAGANATH GOLASAR,
AGED 32 YRS, OCC: MEMBER,
GRAM PANCHAYAT ATANOOR VILLAGE.
16. SRI SHARANAPPA
S/O IRANNA JAMADAR,
AGED 55 YRS, OCC: MEMBER,
GRAM PANCHAYAT, ATANOOR VILLAGE.
17. SMT. BHORAMMA
W/O NAGENDRA HALAKARTI,
AGED 34 YRS, OCC: MEMBER,
GRAM PANCHAYAT ATANOOR VILLAGE.
18. SRI ASIF ALI
S/O KHAJABAI NADAF,
AGED 35 YRS, OCC: MEMBER,
GRAM PANCHAYAT ATANOOR VILLAGE.
19. SMT. SHARIFA BEE
W/O BHASHA PATEL,
AGED 46 YRS, OCC: MEMBER
GRAM PANCHAYAT ATANOOR VILLAGE .
RESPONDENT NO 6 TO 19
ALL R/O ATANOOR VILLAGE, TQ. AFZALPUR.
DIST- KALABURGI-585301.
...RESPONDENTS
(BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R3;
SRI RAVI B. PATIL, ADVOCATE FOR R6 TO R19)
-4-
NC: 2025:KHC-K:1599-DB
WA No. 200052 of 2025
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
ABOVE WRIT APPEAL AND SET ASIDE THE FINAL ORDER IN
WRIT PETITION NO.200516/2025 DATED 27.02.2025 PASSED
BY LEARNED SINGLE JUDGE FOR THE REASONS AND
GROUNDS MENTIONED HEREIN ABOVE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K NATARAJAN
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
This appeal is filed challenging the order of the
learned Single Judge dated 27.02.2025 passed in
W.P.No.200516/2025. This Court on 04.03.2025 has
passed the following order:
"Sri. R. S. Kadaganchi, learned counsel for the
appellant submits that he has filed application
I.A.No.1/2025 seeking for dispensation of production
of copy of the order of learned Single Judge dated
27.02.2025 passed in W.P.No.200516/2025 and he
submits that the order copy of learned single judge is
not yet released and therefore, it is not available to
NC: 2025:KHC-K:1599-DB
him. It is further submitted that the learned single
judge has proceeded to reject the writ petition
without appreciating the various contentions urged
by the appellant about the mandate of Rule 3(1) of
Karnataka Gram Swaraj and Panchayat Raj (Motion
Of No-Confidence Against Adhyaksha And
Upadhyaksha Of Grama Panchayat) Rules, 1994
(herein after referred to as the 'Rules 1994'). It is
further submitted that the Assistant Commissioner,
to whom the motion of no confidence is moved has
made an endorsement at Annexure-F that "This was
submitted in my presence to me on 10th February
2025". This endorsement is not sufficient to meet the
requirement of Rule 3(1) of Rules, 1994, which
mandate that a written notice of intention to make
the motion under the provision of Section 49 should
be in Form No.1, singed by 1/3rd members of the
total number of members together with the copy of
the proposed motion, which shall be delivered in
person as specified under sub-section (2) of Section
49 by atleast 2 members. The said endorsement of
the Assistant Commissioner does not indicate that
the submission of motion of the members is consist
of two members. In support of his contentions, he
has placed reliance on the judgment of learned single
judge in the case of Smt. Manjula B. R. V/s State
of Karnataka and others in W.P.No.14224/2022
dated 20.07.2022 and the decision of the full Bench
NC: 2025:KHC-K:1599-DB
in the case of C. Puttaswamy, etc. V/s Smt.
Prema, etc reported in AIR 1992 KAR 356. Thus,
he submits that the relevant rules are mandatory in
nature and any variation from the same would vitiate
the entire process. Hence, he seeks to stay the entire
proceedings before the Assistant Commissioner.
Per contra, Sri. Ravi B Patil, learned counsel for
caveat respondent Nos.13, 16 and 18 submits that
the majority of the members have moved the no
confidence motion and the appellant cannot shy
away from the proceedings by adopting these tactics
and he opposes the interim prayer.
Learned Additional Government Advocate submits
that he would secure instruction from the Assistant
Commissioner and make submission.
This matter requires detailed consideration. It
appears from the records that the authority has not
followed the mandate of Rule 3(1) of Rule, 1994.
Hence, there shall be an interim order of stay of the
order of learned single judge dated 27.02.2025 in
W.P.No.200516/2025 and there shall be stay of
proceedings of no confidence dated 05.03.2025 to be
held at 11:30 a.m. pertaining to Atnoor Gram
Panchayat till next date of hearing.
Learned Additional Government Advocate is
directed to secure original records and make
submission.
List this matter on 12.03.2025."
NC: 2025:KHC-K:1599-DB
2. Learned counsel appearing for the contesting
respondents i.e., respondent Nos.6 to 19, who claim to
have moved the 'no confidence motion', filed a memo for
disposal of the writ appeal stating that the purpose of
moving 'no confidence motion' has become infructuous in
view of the interim order dated 04.03.2025. It is
submitted that respondent Nos.6 to 19 seek the leave of
the Court to move a fresh 'no confidence motion' in
accordance with law.
3. In view of the said submission, the writ appeal
is disposed off as having become infructuous with liberty
to the Members of respondent No.5 - Gram Panchayat to
move a fresh 'no confidence motion' in accordance with
law.
With the aforesaid liberty, the writ appeal is disposed
off. It is made clear that this Court has not expressed any
opinion on the merits of the earlier 'no confidence motion'.
NC: 2025:KHC-K:1599-DB
In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration and they stand disposed of.
Sd/-
(K NATARAJAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
SWK
CT:SI
