Karnataka High Court
Smt Shanta W/O Sharanappa Haveri And ... vs The Assistant Commissioner And Others on 13 June, 2022
Author: R.Devdas
Bench: R.Devdas
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WP No. 102074 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 102074 OF 2022 (LB-RES)
BETWEEN:
SMT. SHANTA W/O SHARANAPPA HAVERI
AGE. 32 YEARS,
OCC. PRESIDENT MURADI GRAM PANCHAYAT,
MURADI- 583237
TQ. YELBURGA, DIST: KOPPAL.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
KOPPAL, DIST: KOPPAL 583231.
2. THE GRAM PANCHAYAT
MURADI, BY ITS PDO
MURADI, TALUK: YELABURGA-583236
DIST: KOPPAL
3. BHIMAWWA W/O GIDDAPPA RATHOD
AGE: 50 YEARS, OCC: MEMBER
R/O. MURADI THANDA-583237
TQ: YELABURGA, DIST: KOPPAL
Digitally signed
by VINAYAKA B
V
VINAYAKA
BV
Location:
Dharwad
Date:
4. SRI. BASANAGOUDA SHANTGOUDA MALIPATIL
2022.06.15
10:07:42 +0530
AGE: 36 YEARS, OCC: MEMBER
R/O MURADI-583237
TQ: YELBURGA, DIST: KOPPAL
5. SHRI.YAMANAPPA S/O BHEEMAPPA MALI
AGE: 35 YEARS, OCC: MEMBER
R/O. MURADI THANDA-583237
TQ: YELABURGA, DIST: KOPPAL
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WP No. 102074 of 2022
6. SMT. SUNITHA W/O VEERUPAKSHAGOUDA PATIL
AGE: 32 YEARS, OCC: MEMBER
R/O. MURADI THANDA-583237
TQ: YELABURGA, DIST: KOPPAL
7. SHIVAWWA W/O HANAMANTHAPPA MARANAL
AGE: 50 YEARS, OCC: MEMBER
R/O. MURADI THANDA-583237
TQ: YELABURGA, DIST: KOPPAL
8. BASAVARAJ H.HALALLI
AGE: 45 YEARS, OCC: MEMBER
R/O. MURADI THANDA-583237
TQ: YELABURGA, DIST: KOPPAL
9. SHRI.HANAMANTHAPPA HAVALAPPA TALAWAR
AGE: 35 YEARS, OCC: MEMBER
R/O. MURADI THANDA-583237
TQ: YELABURGA, DIST: KOPPAL
10. SMT. YALLAWWA W/O GURAPPA LAMANI
AGE: 57 YEARS, OCC: MEMBER
R/O. NARASPUR-583237
TQ: YELABURGA, DIST: KOPPAL
11. HANUMAGOUDA ADIBASAPPA MALIPATIL
AGE: 42 YEARS, OCC: MEMBER
R/O. NARASAPUR-583237
TQ: YELABURGA, DIST: KOPPAL
12. HANAMESH SHARANAPPA WADDAR
AGE: 36 YEARS, OCC: MEMBER
R/O. TARALAKATTI-583237
TQ: YELABURGA, DIST: KOPPAL
13. SMT. SHARADAMMA NINGAPPA METI
AGE: 60 YEARS, OCC: MEMBER
R/O. TARALAKATTI-583237
TQ: YELABURGA, DIST: KOPPAL
14. SMT. NEELAMMA HANAMANTAPPA SHEELI
AGE: 33 YEARS, OCC: MEMBER
R/O. MURADI THANDA-583237
TQ: YELABURGA, DIST: KOPPAL
15. SHRI. PRAKASH OMKARAGOUDA MALIPATIL
AGE: 38 YEARS, OCC: MEMBER
R/O. TARALAKATTI-583237
TQ: YELABURGA, DIST: KOPPAL
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WP No. 102074 of 2022
16. SMT. SHARANAVVA HANAMANTHAPPA GONDI
AGE: 37 YEARS, OCC: MEMBER
R/O. TARALAKATTI-583237
TQ: YELABURGA, DIST: KOPPAL
17. BASAPPA MAHADEVAPPA KOLURU
AGE: 55 YEARS, OCC: MEMBER
R/O. TARALAKATTI-583237
TQ: YELABURGA, DIST: KOPPAL
18. SOMALINGAPPA HUGGAPPA KURI
AGE: 46 YEARS, OCC: MEMBER
R/O. MANDALMARI-583237
TQ: YELABURGA, DIST: KOPPAL
19. SMT.HULIGEWWA W/O HULAGAPPA HARIJAN
AGE: 65 YEARS, OCC: MEMBER
R/O. MANDALMARI-583237
TQ: YELABURGA, DIST: KOPPAL
20. SMT. PUSHPAVATI HANUMAPPA KAREKURI
AGE: 49 YEARS, OCC: MEMBER
R/O. MAKKALLI-583237
TQ: YELABURGA, DIST: KOPPAL
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1;
SRI. SABEEL AHMED., ADVOCATE FOR C/R3-R20)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED NOTICE DATED 01.06.2022
BEARING NO.KANDAYA. CHUNAVANE.12. 2022-2023 ISSUED BY R-1
AND THE PROCEEDINGS THERE UNDER PRODUCED AT ANNEXURE-B
AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 102074 of 2022
ORDER
R.DEVDAS J., (ORAL):
The petitioner who is the Adhyaksha of Kataraki Gram Panchayat, Badami Taluk, is aggrieved by the impugned meeting notice dated 01.06.2022 issued by respondent No.1-Assistant Commissioner, Koppal, Koppal District, scheduling a meeting on 16.06.2022 to consider the motion of no-confidence moved by the members of the Gram Panchayat.
2. On 09.06.2022 after issuance of notice to the respondents, learned AGA was directed to secure original records including the notice sent to the members of the Gram Panchayat which contains the signatures of the respective members. In compliance of the directions issued by this Court learned AGA has furnished the original notice served on the members of the respondent-Gram Panchayat, including that of the petitioner. However, it is contended by the petitioner that the petitioner has in fact -5- WP No. 102074 of 2022 received the notice on 03.06.2022 and the meeting is scheduled to be held on 16.06.2022.
3. Now, on perusal of the original records it is clear that the meeting notice has been served on the petitioner on 03.06.2022 and the said date is required to be excluded while computing the 15 clear days notice. Similarly the date of meeting is also required to be excluded. Therefore, if 03.06.2022 and 16.06.2022 are excluded, the Assistant Commissioner has given 12 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 -6- WP No. 102074 of 2022 that for the purpose of computing 15 clear days 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 03.06.2022 and 16.06.2022, there is a shortfall of three days of clear notice.
4. Consequently, this Court proceeds to pass the following:
ORDER
i) The writ petition is allowed.
ii) The impugned meeting notice dated 01.06.2022 at Annexure 'B' is hereby quashed and set aside.
iii) Needless to observe that the members of the -Gram Panchayat are free to move the Assistant Commissioner seeking motion of No- Confidence against the petitioner in accordance with law and the Assistant Commissioner shall also consider such -7- WP No. 102074 of 2022 motion or representation which could be given at the hands of the members of the Gram Panchayat, in accordance with law. Ordered accordingly.
Pending I.As., if any, stand disposed of.
SD JUDGE DL