Karnataka High Court
Manjanagouda S/O Shekaragouda ... vs The State Of Karnataka on 22 July, 2022
Author: R.Devdas
Bench: R.Devdas
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WP No. 102541 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 102541 OF 2022 (LB-ELE)
BETWEEN:
MANJANAGOUDA S/O SHEKARAGOUDA KALLANAGOUDAR
AGE. 32 YEARS, OCC. AGRICULTURIST AND ADHYAKSHA,
HIREMUGDUR GRAMA PANCHAYAT, TQ. SAVANUR, DIST.
HAVERI RO. NADEENERALGI, POST HIREMUGADUR
VILLAGE, TQ. SAVANUR DIST. HAVARI 581112
...PETITIONER
(BY SRI. V P VADAVI.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO THE DEPARTMENT OF RURAL
DEVELOPMENT AND PANCHAYAT RAJ,
M.S. BUILDING, BANGALORE-560001
2. ASSISTANT COMMISSIONER,
SAVANUR, HAVERI DISTRICT-581118.
3. HIREMUGADUR GRAMA PANCHAYAT
DEVELOPMENT OFFICER, TQ. SAVANUR, DIST; HAVERI-
581112..
4. MARIYAPPA S/O SANNAGUDAPPA NADUVINAMANI,
AGE: MAJOR, MEMBER OF HIREMUGADUR GRAMA
PANCHAYAT, R/O AT POST HIREMUGADUR, TQ.SAVANUR,
DIST:HAVERI-581112.
5. NETRAVATI W/O BASAVARAJ SOMASAGAR,
AGE: MAJOR, MEMBER OF HIREMUGADUR GRAMA
PANCHAYAT, R/O AT POST HIREMUGADUR, TQ.SAVANUR,
DIST:HAVERI-581112.
6. LAXMI W/O MAHANTESH TALAWAR,
AGE: MAJOR, MEMBER OF HIREMUGADUR GRAMA
PANCHAYAT, R/O AT POST HIREMUGADUR, TQ.SAVANUR,
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WP No. 102541 of 2022
DIST:HAVERI-581112.
7. VIJAYALAXMI W/O HANMANTAPPA TALWAR,
AGE: MAJOR, MEMBER OF HIREMUGADUR GRAMA
PANCHAYAT, R/O AT POST HIREMUGADUR, TQ.SAVANUR,
DIST:HAVERI-581112.
8. NINGAPPA S/O MALLARAPPA ARER,
AGE: MAJOR, MEMBER OF HIREMUGADUR GRAMA
PANCHAYAT, R/O AT POST HIREMUGADUR, TQ.SAVANUR,
DIST:HAVERI-581112.
9. RUKSHANABANU W/O GOUSEKHAN KULAKARNI,
AGE: MAJOR, MEMBER OF HIREMUGADUR GRAMA
PANCHAYAT, R/O AT POST HIREMUGADUR, TQ.SAVANUR,
DIST:HAVERI-581112.
10. SHIVANAND S/O PUTTAPPA BAKAL,
AGE: MAJOR, MEMBER OF HIREMUGADUR GRAMA
PANCHAYAT, R/O AT POST HIREMUGADUR, TQ.SAVANUR,
DIST:HAVERI-581112.
11. BASAVANTARAI S/O KRISHNAJIRAO HALAGI,
AGE: MAJOR, MEMBER OF HIREMUGADUR GRAMA
PANCHAYAT, R/O AT POST HIREMUGADUR, TQ.SAVANUR,
DIST:HAVERI-581112.
12. IRAVVA W/O CHANDRAPPA DOOLAPPANAVAR,
AGE: MAJOR, MEMBER OF HIREMUGADUR GRAMA
PANCHAYAT, R/O AT POST HIREMUGADUR, TQ.SAVANUR,
DIST:HAVERI-581112.
13. SHAMBHULINGAYYA S/O GURUSWAMY PURANIKMATH,
AGE: MAJOR, MEMBER OF HIREMUGADUR GRAMA
PANCHAYAT, R/O AT POST HIREMUGADUR, TQ.SAVANUR,
DIST:HAVERI-581112.
...RESPONDENTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA FOR R1 & R2,
SRI.ARAVIND D.KULKARNI, ADV. FOR R4 TO 13
NOTICE TO R3 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT OR ORDER
OR DIRECTION IN THE NATURE OF CERTIORARI QUASH THE NOTICE
DATED 29/06/2022 ISSUED BY THE 2ND RESPONDENT ASSISTANT
COMMISSIONER SAVANUR VIDE ANNEXURE-C
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WP No. 102541 of 2022
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
'B' GROUP THIS DAY THE COURT MADE THE FOLLOWING.
ORDER
R.DEVDAS J., (ORAL):
The petitioner, who is the Adhyaksha of Hiremugdur Grama Panchayat, Taluk Savanur, District haveri is aggrieved by the impugned Meeting Notice dated 29.06.2022 issued by respondent No.2-Assistant Commissioner, Savanur, scheduling a meeting on 18.07.2022 to consider the motion of no-confidence moved by the members of the Gram Panchayat.
2. Learned Counsel for the petitioner had submitted that since the meeting is scheduled to be held on 18.07.2022 and the meeting notice dated 29.06.2022 was served on the petitioner on 04.07.2022, 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 the original records it is clear that the meeting notice -4- WP No. 102541 of 2022 dated 29.06.2022 was served on the petitioner on 04.07.2022. 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 13 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. -5- WP No. 102541 of 2022 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 Hiremugdur Gram Panchayat, the writ petition is allowed. The impugned meeting notice dated 29.06.2022 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 Hiremugadur 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.
SD JUDGE MBS