Karnataka High Court
Nirmala W/O Yamanappa ... vs State Of Karnataka on 27 June, 2022
Author: R.Devdas
Bench: R.Devdas
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WP No. 102135 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 102135 OF 2022 (LB-ELE)
BETWEEN:
1. NIRMALA, W/O YAMANAPPA HULAKELAPPANAVAR
AGE. 24 YEARS,
OCC. ADHYAKSHA
HATTIMATTUR GRAMA PANCHAYAT,
TQ. SAVANUR
DIST. HAVERI
TQ. SAVANUR,
DIST. HAVERI 581118
...PETITIONER
(BY SRI. V P VADAVI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY TO THE DEPARTMENT OF RURAL
DEVELOPMENT & PANCHAYAT RAJ
Digitally
M S BUILDING, BANGALORE 560001.
signed by
VINAYAKA
BV
VINAYAKA Location:
BV Dharwad
2. ASSISTANT COMMISSIONER SAVANUR
Date:
2022.07.01
11:38:28
HAVERI DISTRICT - 581118
+0530
3. HATTIMATTUR GRAMA PANCHAYAT
TQ. SAVANUR,
DIST. HAVERI 581118
BY ITS SECRETARY.
4. PUSHPA W/O DANAPPA BOLAKATTI
AGE. MAJOR,
MEMBER OF HATTIMATTUR GRAMA PANCHAYAT
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WP No. 102135 of 2022
TQ. SAVANUR, DIST. HAVERI 581118
5. REHANA W/O KHAJAKHAN KARIMKHAN
AGE. MAJOR,
MEMBER OF HATTIMATTUR GRAMA PANCHAYAT
TQ. SAVANUR,
DIST. HAVERI 581118
6. NIRMALA M DODDMANI
AGE. MAJOR
MEMBER OF HATTIMATTUR GRAMA PANCHAYAT
TQ. SAVANUR,
DIST. HAVERI 581118
7. ZAREENA W/O CHAMANSAB KALKOTI
AGE. MAJOR, MEMBER OF HATTIMATTUR GRAMA
PANCHAYAT,TQ. SAVANUR,
DIST. HAVERI 581118
8. GEETA W/O KOTEPPA GUDIMANI
AGE. MAJOR, MEMBER OF HATTIMATTUR GRAMA
PANCHAYAT,TQ. SAVANUR,
DIST. HAVERI 581118
9. PREMAVVA, W/O FAKIRGOU DA MANNANGI
AGE. MAJOR, MEMBER OF HATTIMATTUR GRAMA
PANCHAYAT,TQ. SAVANUR,
DIST. HAVERI 581118
10. NARASAPPA P DAMODAR
AGE. MAJOR, MEMBER OF HATTIMATTUR GRAMA
PANCHAYAT,TQ. SAVANUR,
DIST. HAVERI 581118
11. PRAKASH P BANAKAR
AGE. MAJOR, MEMBER OF HATTIMATTUR GRAMA
PANCHAYAT,TQ. SAVANUR,
DIST. HAVERI 581118
12. BASANAGOUDA S HALLI
AGE. MAJOR, MEMBER OF HATTIMATTUR GRAMA
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WP No. 102135 of 2022
PANCHAYAT, TQ. SAVANUR,
DIST. HAVERI 581118
13. MAHESHWAR B TAYAMMANVAR
AGE. MAJOR, MEMBER OF HATTIMATTUR GRAMA
PANCHAYAT, TQ. SAVANUR,
DIST. HAVERI 581118
14. DYAMANGOUD B VANTIGOUDAR
AGE. MAJOR, MEMBER OF HATTIMATTUR GRAMA
PANCHAYAT, TQ. SAVANUR,
DIST. HAVERI 581118
15. MEHABOOBASHA K KEMPAMODINSABNAVAR
AGE. MAJOR, MEMBER OF HATTIMATTUR GRAMA
PANCHAYAT,TQ. SAVANUR,
DIST. HAVERI 581118
...RESPONDENTS
(BY SRI SHIVAPRABHU.S.HIREMATH, AGA FOR R1 & R2
SRI A.A.PATHAN, ADVOCATE FOR R3
SRI ARAVIND D.KULKARNI, ADVOCATE FOR R4 TO R15)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OR ORDER, OR DIRECTION IN THE NATURE
OF CERTIORARI QUASH THE NOTICE DATED 31-05-2022
BEARING NO.CHUNAVANE/VAHI/11/2022-23 ISSUED BY THE
2ND RESPONDENT-ASSISTANT COMMISSIONER, SAVANUR
VIDE ANNEXURE-C AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY.
THE COURT MADE THE FOLLOWING.
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WP No. 102135 of 2022
ORDER
R.DEVDAS J., (ORAL):
The petitioner, who is the Adhyaksha of Hattimattur Grama Panchayat, Savanur Taluk, Haveri District, is aggrieved by the impugned Meeting Notice dated 31.05.2022 issued by respondent No.2-Assistant Commissioner, Savanur, Haveri District, scheduling a meeting on 20.06.2022 to consider the motion of no-
confidence moved by the members of the Gram Panchayat.
2. On 17.06.2022, learned Counsel for the petitioner had submitted that since the meeting is scheduled to be held on 20.06.2022 and the meeting notice dated 31.05.2022 was served on the petitioner's husband on 5.6.2022, nevertheless there would be short fall of the mandatory requirement of 15 days clear notice.
3. The learned Additional Government Advocate has furnished the original records and on going through -5- WP No. 102135 of 2022 the original records it is clear that the meeting notice dated 31.05.2022 was served on the petitioner's husband on 5.06.2022. Having regard to the provisions contained in sub-rule (2) of Rule 3 of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Gram Panchayath ) Rules, 1994, this Court finds that there is compliance of 15 clear days notice. However, in W.P.No.102077/2022, vide order dated 13.06.2022, this Court referred the question as to whether the latter part of the first proviso to sub-section (1) of Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, mandating at least 10 days notice is to be issued to the Adhyaksha of the Gram Panchayat or the Assistant Commissioner AND whether such notice is mandatory or directory in nature?.
4. However, learned Counsel Sri Aravind D.Kulkarni, for the contesting respondents No.4 to 15 submits that the petition may be allowed and members of the Gram Panchayat may be permitted to issue a fresh notice in -6- WP No. 102135 of 2022 compliance of both requirements as noticed by this Court. On the other hand, it is submitted that a fresh notice will be issued by the aggrieved members of the Gram Panchayat complying both the provisions contained in the first proviso to sub-section (1) of Section 49 of the Act and in terms of Rule 3 of the Rules, 1994.
5. Placing on record the submission of the learned counsel for the contesting respondents who are the members of Hattimattur Gram Panchayat, the writ petition is allowed. The impugned meeting notice dated 31.05.2022 issued by respondent No.2-Assistant Commissioner, Savanur Taluk, Haveri District, at Annexure-C, is hereby quashed and set aside.
6. Liberty is reserved to the members of Hattimattur Gram Panchayat to move a fresh notice, both in compliance of the latter part of the first proviso to sub- -7- WP No. 102135 of 2022 section (1) of Section 49 of the Act, 1993 and thereafter sub-rule (2) of Rule 3 of the Rules, 1994.
Ordered accordingly.
SD JUDGE KLY/