Karnataka High Court
Sri N Anjinappa S/O Hosurappa vs The Assistant Commissioner on 5 July, 2022
Author: R.Devdas
Bench: R.Devdas
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WP No. 102269 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 05TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 102269 OF 2022 (LB-RES)
BETWEEN:
SRI N ANJINAPPA S/O HOSURAPPA
AGE.50 YEARS, OCC.PRESIDENT OF
YESHWANT NAGAR GRAM PANCHAYAT,
TQ.SONDUR, DIST.BALLARI,
R/O.SOMALAPUR, TQ.SONDUR,
DIST.BALLARI-583119
...PETITIONER
(BY SRI. S L MATTI.,ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
BALLARI DIVISION, BALLARI-583101,
2. SMT.SAROJAMMA W/O MALLIKARJUN,
AGE: 45 YEARS, OCC: VICE PRESIDENT OF YESHWANT
NAGAR GRAM PANCHAYAT, R/O YASHWANT NAGAR,
VINAYAKA TQ.SONDUR, DIST: BALLARI-583119.
BV
Digitally signed by
VINAYAKA B V
Location: Dharwad
Date: 2022.07.13
3. SMT.VEENA V. W/O PARASHURAM,
10:24:09 +0530
AGE: 35 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
4. SRI.HANUMANTHAPPA N. S/O OBAYYA,
AGE: 35 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
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WP No. 102269 of 2022
5. SMT.SALIMABEGUM W/O J.LON BHASHA,
AGE: 32 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
6. SRI.P.SURESH S/O HOLEPPA,
AGE: 43 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
7. SRI.D.HOONNURWALI S/O IBRAHIMNSAB,
AGE: 40 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
8. SMT.MALINBEE W/O UMARSAB,
AGE: 42 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
9. SRI.H.TIPPESWAMY S/O DODDA RUDRAPPA,
AGE: 38 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
10. SMT.G.SHAJADIBEGUM W/O ABDUL NABI,
AGE: 50 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
11. SMT.SHARADAMMA W/O TIPPANNA,
AGE: 40 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
12. SRI.BUDEN H. S/O IMAMSAB,
AGE: 46 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
13. SRI.G.LOKESH S/O HANUMANTHAPPA,
AGE: 41 YEARS, OCC: MEMBER OF YESHWANT NAGAR
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WP No. 102269 of 2022
GRAM PANCHAYAT,
R/O YASHWANT NAGAR, TQ.SONDUR,
DIST: BALLARI-583119.
14. SRI.RANGASWAMY M. S/O M.MARISWAMY,
AGE: 37 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
15. SRI.SHIVAKUMAR G. S/O G.HALANAGOUDA,
AGE: 36 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR, DIST: BALLARI-583119.
16. SMT.N.MALIAKKA W/O NAIKAR KRISHNA,
AGE: 38 YEARS, OCC: MEMBER OF YESHWANT NAGAR
GRAM PANCHAYAT, R/O YASHWANT NAGAR,
TQ.SONDUR,
DIST: BALLARI-583119.
...RESPONDENTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA FOR R1,
SRI.MALLIKARJUNSWAMY B.HIREMATH, ADV. FOR R2 TO R16)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF CERTIORARI BY QUASHING AN IMPUGNED NOTICE
DATED 14/06/2022 ISSUED BY RESPONDENT NO.1 ASSISTANT
COMMISSIONER VIDE ANNEXURE-B AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY.
THE COURT MADE THE FOLLOWING.
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WP No. 102269 of 2022
ORDER
R.DEVDAS J., (ORAL):
The petitioner who is the President of Yashwant Nagar Gram Panchayat, Sondur Taluk, is aggrieved by the impugned meeting notice dated 14.06.2022 issued by respondent No.1-Assistant Commissioner, Ballari Division, Ballari, scheduling a meeting on 30.06.2022 to consider the motion of no-confidence moved by the members of the Gram Panchayat.
2. On 24.06.2022 after issuance of notice to the respondents, learned AGA was directed to secure original records. In compliance of the directions issued by this Court, learned AGA has furnished the original records. It is contended by the petitioner that the petitioner has in fact received the notice on 17.06.2022 and the meeting is scheduled to be held on 30.06.2022.
3. Now, on perusal of the original records it is clear that the meeting notice has been served on the petitioner on 17.06.2022 and the said date is required to -5- WP No. 102269 of 2022 be excluded while computing the 15 clear days notice. Similarly the date of meeting is also required to be excluded. Therefore, if 17.06.2022 and 30.06.2022 are excluded, the Assistant Commissioner has given 13 days notice.
4. Recently, this court had an occasion to consider the question as to whether the provisions contained in Sub-Rule (2) of Rule 3 of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, was mandatory or directory. Elaborate orders are passed in W.P.No.101890/2022 which was decided on 31.05.2022 and this court has held that provisions contained in the Rules are mandatory in nature. Further, this court has held that for the purpose of computing 15 days clear notice, the date on which the notice is served on the members as well as the date of the meeting are required to be excluded. Going by the said principles, if we exclude 17.06.2022 and 30.06.2022, there is a shortfall of two days of clear notice. -6- WP No. 102269 of 2022 Further, 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 for the contesting respondents No.2 to 16 submits that the petition may be allowed and members of the Gram Panchayat may be permitted to issue a fresh notice in 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.
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5. Placing on record the submission of the learned counsel for the contesting respondents who are the members of Yeshwant Nagar Gram Panchayat, the writ petition is allowed. The impugned meeting notice dated 14.06.2022 issued by respondent No.1-Assistant Commissioner, Ballari Division, Ballari, at Annexure-B, is hereby quashed and set aside.
6. Liberty is reserved to the members of Yeshwant Nagar Gram Panchayat to move a fresh notice, both in compliance of the latter part of the first proviso to sub- section (1) of Section 49 of the Act, 1993 and thereafter sub-rule (2) of Rule 3 of the Rules, 1994.
Ordered accordingly.
Pending I.As., if any, stand disposed of.
SD JUDGE MBS