Karnataka High Court
Smt. V. Shashikala vs The State Of Karnataka on 26 June, 2019
Author: G.Narendar
Bench: G.Narendar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2019
BEFORE
THE HON'BLE MR.JUSTICE G.NARENDAR
WRIT PETITION No.27084/2019 (LB-ELE)
BETWEEN:
SMT. V. SHASHIKALA
W/O A SHIVKUMAR,
AGED ABOUT 52 YEARS,
R/AT NO.57, BEERESHWARA NILAYA,
RAMACHANDRA SHETTY LAYOUT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU 560116
... PETITIONER
(BY SRI.D.R.RAVISHANKAR ALONG WITH
SRI.MUNIRAJA.M, ADVs.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF PANCHAYAT RAJ,
M.S.BUILDING, BENGALURU 560009
REPRESENTED BY ITS
SECRETARY
2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT,
K.G.ROAD, BENGALURU 560009
3. THE ASSISTANT COMMISSIONER
BENGALURU SOUTH SUB DIVISION,
2
2ND FLOOR, KANDHAYA BHAVAN,
K.G.ROAD, BENGALURU 560009
4. THE TAHASILDAR
RETURNING OFFICER,
BENGALURU SOUTH TALUK,
K.G.ROAD,
BENGALURU 560009
5. THE EXECUTIVE OFFICER
TALUK PANCHAYAT,
BENGALURU SOUTH TALUK,
S.KARIYAPPA ROAD,
BANASHANKARI,
BENGALURU 560070
6. KAGLIPURA GRAM PANCHAYAT
BENGALURU SOUTH TALUK,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116,
REPRESENTED BY PANCHAYAT
DEVELOPMENT OFFICER.
7. SMT SUNITHAMMA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
8. SRI H MUNIRAJA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
3
9. SRI KRISHNAPPA K.G
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
10. SMT UMA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
11. SMT WAHEEDA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
12. SRI UMASHANKAR
AGED ABOUT MAJOR
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
13. SMT M V SHWETHA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
4
14. SRI YOGESH
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
15. SRI R SRINIVAS
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
16. SRI VASIYA FIRDOSE
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
17. SMT LAKSHMI
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
18. SRI NARASIMHAIAH
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
5
19. SRI KRISHNAPPA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
20. SMT LATHA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
21. SRI K KRISHNAPPA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
22. SMT SUMITHRA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
23. SMT K S PARVEEZ
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
6
24. SMT MANJULA
AGED ABOUT MAJOR,
W/O. MUNIRAJA
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
25. SMT SURYA LAKSHMI
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
26. SMT ANU
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
27. SMT MANJULA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
28. SMT PUSHPAVATHI
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
7
29. SRI NARASIMHA REDDY P.M
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
30. SMT SUSHEELA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
31. SMT JAYAMMA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
32. SRI DAVOOD SHARIEFF
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
33. SRI V MUNIRAJU
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
8
34. SMT ASHA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
35. SRI A VENKATARAJU
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
36. SMT CHANDRIKA
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
37. SMT LALITHA B
AGED ABOUT MAJOR,
MEMBER OF THE
KAGLIPURA GRAM PANCHAYAT,
KAGLIPURA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU 560116.
... RESPONDENTS
(BY SRI.C.R.VENKATESH, ADV. FOR C/R24 & R32
SRI.L.RAJANNA, ADV. FOR C/R15 & R33
SRI.M.A.SUBRAMANI, HCGP FOR R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
9
IMPUGNED NOTICE DTD:14.6.2019 ISSUED BY R-3 ASSISTANT
COMMISSIONER AS PER ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR 'PRELIMINARY
HEARING' THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.D.R.Ravishankar along with Sri.Muniraja.M., learned counsel for the petitioner, Sri.M.A.Subramani, learned HCGP for respondent Nos.1 to 4, Sri.C.R.Venkatesh, learned counsel for caveator-respondent Nos.24 and 32, Sri.L.Rajanna, learned counsel for caveator-respondent Nos.15 and 33.
2. Learned HCGP has produced the records pertaining to the No Confidence meeting called by the Assistant Commissioner on 02.07.2019.
3. The sole ground on which the petition is canvassed is the validity of the meeting and the same is assailed on the ground that it is violative of the mandatory provision of sub-Rule 2 of Rule 3 of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 in view of the 10 fact that 15 days clear notice as stipulated under the Rules is not complied with.
4. Learned HCGP place on record the file wherein the meeting notice apart from being forwarded by way of post, has also been personally served upon the petitioner on 15.06.2019. Thereby complying with the mandate of the provision.
5. In that view of the matter, the contention that there is violation of mandate of sub-Rule 2 of Rule 3 is unfound and unsubstantiated.
Hence, the petition is misconceived and being devoid of merit requires to be dismissed and it is accordingly dismissed.
In the light of the above order, there shall be no order as to costs.
Sd/-
JUDGE VM