Karnataka High Court
Smt. Shobha W/O Maharudrappa Baidger vs The State Of Karnataka on 16 December, 2020
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF DECEMBER 2020
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
W.P.No.148718 OF 2020 (LB-RES)
BETWEEN
SMT. SHOBHA
W/O MAHARUDRAPPA BADIGER
AGE.42 YEARS, OCC. PRESIDENT
GRAM PANCHAYAT SASWIHALLI.,
R/O SASWIHALLI VILLAGE, TQ. ANNIGERI,
DIST. DHARWAD PIN CODE-583127 .... PETITIONER
(By Sri.SHRIHARSHA A NEELOPANT)
AND
1 . THE STATE OF KARNATAKA
RURAL DEVELOPMENT AND
PANCHAYAT RAJ DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001,
REPRESENTED BY ITS DEPUTY DIRECTOR
AND IN-CHARGE UNDER SECRETARY
2 . THE DEPUTY COMMISSIONER,
DHARWAD DISTRICT,
DHARWAD-580001
3 . THE ASSISTANT COMMISSIONER
DHARWAD SUB-DIVISION,
DHARWAD-580001
4 . THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT,
DHARWAD - 580 001
2
5. THE EXECUTIVE OFFICER,
TALUKA PANCHAYAT,
ANNIGERI-582 201
6. THE PANCYAYAT DEVELOPMENT OFFICER,
GRAM PANCHAYAT, SASWIHALLI,
TQ. ANNIGERI, DIST. DHARWAD
PIN CODE.583127 ... RESPONDENTS
(By Sri.SHIVAPRABHU S HIREMATH - AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED NOTICE DATED 8.12.2020 ISSUED BY RESPONDENT NO.3
FIXING THE DATE OF MEETING FOR NO CONFIDENCE MOTION ON
16.12.2020 AS AGAINST THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed praying to quash the impugned notice dated 8.12.2020 issued by respondent No.3 fixing the date of meeting for no confidence motion on 16.12.2020 as against the petitioner.
2. The learned AGA has filed a memo stating that the impugned notice dated 8.12.2020 issued by respondent No.3, fixing the date of meeting for no confidence motion on 16.12.2020 i.e. today as against the petitioner herein, has been 3 inadvertently issued giving 9 days notice. Now, respondent No.3 seeks permission to re-issue fresh notice by giving 15 days clear notice to the members in compliance of Rule 3 of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No Confidence) against the Adhyaksha and Upadhyaksha of Grama Panchayat Rules, 1994.
3. The aforesaid memo is taken on record.
4. In view of the memo filed by the respondent, this petition filed by the petitioner does not survive for consideration.
5. Accordingly the writ petition is dismissed as having become infructuous. However, liberty as prayed for is granted to respondent No.3 to withdraw the notice dated 8.12.2020 and issue a fresh notice in accordance with law.
Sd/-
JUDGE rs