High Court Karnataka High Court

Palakshappa S/O Basappa Gungadi vs The Asst. Commissioner on 30 October, 2009

Karnataka High Court
Palakshappa S/O Basappa Gungadi vs The Asst. Commissioner on 30 October, 2009
Author: K.Bhakthavatsala
WP l\E0s.65909 8: 65930 of 2009

IN THE HIGH COURT OF KARNATAKA 
CIRCUIT BENCH AT DHARWAD V

DATED THIS THE 30% DAY OF OC'I'OBE;'t'{"2.54C),'_t',V'-Q11.   _
BEFORE u  
THE I~ION'BLE DR.JUSTICE K,BHALKTiI.A\.7A'fSAI{AA

WRIT PETITION*N.rJ_. 65 9*09;L20o9    
81; w.P.No.65930/2099 (LBwRES)_'_= 

BETWEEN:

Age: 45, Occ:.;4\gric1,fituref;  .  .
R/'0 Hulagg, '?q:VV1'Koppa1,    

1. Palakshappa, S/0 

Dist: Koppal.  V

2. Shiali1awwa;'W[Q '\?e'erbh'ab_1fayya
Dalapathi.  Mé'{,tha_ Hulagi, Te; 33 Dist Koppal. ...RESPONDENTS

[ H(B§v,r Smt. K.V1’dyavathi, Add}. Govt. Advocate)

WP N0s.6S909 8: 65930 of 2009

These writ petitions are filed under Articles 226 85
227 of the Constitution of India praying to quash the
notice dated 14.10.2009 issued by the 13% respondepnt
produced at Annexure»~B and also quash
dated 14.10.2009 issued by the 1st ae.4’jfeepe:r;§dedt’–e

produced at Annexure–C.

These Writ petitions coming on for’–.pr’e1inii–nary’._V

hearing this day, the Courtiimaade the

The petiti0.n’ers,:=__ Ad3}.akshai«:.’9»fl.C1:V.filipadhyaksha of

the 235″ iiéanchayat, are before this
Court under 227 of the Constitution of

India. prayingiiior. ..qL1ashing the impugned notices dated

V’ –.1A4′;i’3.0.2’009..0n thelhfiile of respondent No.1 at Annexuresw

C’ “brief facts of the case leading to fiiing of

\,these “writ petitions may be stated as under:-

WP Nos.65909 & 65930 of 2009

The Respondent No.1 has issued notices o_f___’no-
confidence’ motion as per Annexures-B 85
petitioner Nos.1 and 2 respectively V’
meeting on 02.11.2009 at 12 o’ clock.wit’hii1ox%g it
confidence motion againstat
Upadhyaksha. The impugnectfinotices 82; V
C served on the petiti:c=nerssvai”‘e:’. in ‘these Writ

petitions.

3. Leaiined i::::C:t)_l_.1,11’iS:@1_ 1fo__1′ thefpetitiioners submits that
respondent of ‘r1o–confidence’
rnotiorigco:mrening..ithe”me’eting on 02.11.2009 at 12 o’

clock for7r_noVing_ “no”–confidence’ motion against the

V. Adh.3z§gks’l1a ‘Uipatjlhyaksha. it is submitted that there

shall_b.ev’indiVidual notice. It is also contended that a

written notteeiesect intention to make the motion under the

‘iproviisioins Section 49 of the Karnataka Panchayat Raj

uft’\cti,l”~1.99’3, shall be in Form I signed by not less than

‘ one-third of total number of members together with a

Ln

WP NoS.65909 & 65930 of 2009

copy of the proposed motion shall be delivered in person
by any two of the members signing the noticei:’tio’f-tP:»e
Assistant Commissioner. But, in the instazitfeaseiei it

is Violation of Rule 3(2) of the Rat};

(Motion of No–confidence it
Upadhyaksha of Grama it
Section 49 of the i?e1j” Aot, 1993
and, therefore, the .i:’t:tiiiAI1neXures–B 82;

C are liable to eejittqftueeiieci.

4, eeee JA:1’eiit’ienai1_MGovernment Advocate
submits, th’er.e”is’:’noi_1’1ege1ii.ty or infirmity in the notices.

She further__4sv,bmi._t.si.th9tt;notices issued at Annexures–B

85 (ads per (nth-eiprescribed Form H under Rule 3(2) of

the–» Panchayat Raj (Motion of No–confidence

ege’iiisti”‘ ‘i(i;t;1:hy.eti<sha and Upadhyaksha of Grama

jVPanohaj?a.:t).ixRu1es, 1994 and there is no Vioiation of

Section 49 of the Act or Rule 3 of the Karnataka

Petnchayat Raj (Motion of No–confidence against

L

WP Nos.65909 8: 65930 of 2009

Adhyaksha and Upadhyaksha of Grama Pancheiyat)
Rules. It is further contended that as per the
reported in 2005(1) Kar.L.J. 230 (Abdul
Assistant Commissioner, Dam-1?i'ager'e–'_4i' H H K V
Davanagere and others),
and Upadhyaksha have noVriéii"tbto V
of 'no–confidence'motion'. A. i it 1

5. According to-” Karnataka

Panchayat of [No–uconfidence against
Adhyaksha Grama Panchayat)
Rules, {when to make the motion has

to be subméiéttevdiito the” ftssistant Commissioner and not

the ‘and____§}padhyaksha. Therefore, there is no

*.irivo1ationv’o1’«.i1.§ul_e 3 of the Rules and Section 49 of the

Raj Act. Apart from that, the

flnotice zistpertaining to moving of ‘no–confidence’ motion

‘i.j:’agaiii.st H the present petitioners–Adhyal<sha and

Lipadhyaksha. In View of the decision rendered in Abdul

L,

WP NOS.65909 3: 65930 of 2009

Razak's case supra, the petitioners have no right to

challenge the impugned notice.

kuewxemnnbmhthewfitpaamnsgmgmfithgr.”

are hereby dismissed.

Granted three weeks-Jtime “to V file; of ‘V
appearance by the Eearnetdii ‘Government
*~adi;gd”jf.\
Advocate.

pw_y -s_’fla ha/”

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