{N THE I~IiGI-i COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 1653'" DAY 0:? SEPTEMBER' '
BEFORE : ' vV'%
THE H()N'BLE MR.JUsT1cE:'A§ANQ 'BYRAT1§E%;qpY7
WRIT PETYFION NQ..305S6!2Q¢8 (L B+ELE)' "
BETWEEN:
Sn'.YeI]appa Basappa ' ~ %
8011 Of .
Aged about 46 years, "
Adhyaksha, _'.}.'H:}.11k. Pai1ch§1r§§Lt, 3 x V" 'V
Ka1ghatgiTa;1uk;%% .' %
(By sr:.M.v.Hi;exnath;§s;;d °*+:. " .
Sri..ShivanandaiI).S.,_Advs.)_
AND:
1.
The Executive '
T§1'uIg Pazichayath,
Pak%'¢i*apPéiV E'éifai§1§é Kanvi.
Son ot'~.Ec1~appa,'j'..-
Aged 34" ycéxxfs, '
. jg '~Rez9.iding at flhumvadi,
District.
swathi,
~ Wife? of Shckatappa Malakapankoppa,
about35 years,
'Residing at Tabakada Hcmnahalli,
Kalghatgi,
Dhaxwad Distxict.
3
..Petitioner
4. Smt. Fathima Dastgr Sab,
Son of Dastgir Sab Aralikatti,
Aged about 50 years,
Residing at Misrikoti,
Kalghatg, Dhanvad District.
5. Pakecresh Bbimrayappa Nezsarckar, _
Son of Bhimrayappa Nesam--ka1*,--. A
Aged about 35 years, j; '
Res1d' ing at Singanahalli Village; "
Kalghatgi, Dhaxwad District. _
6. Virupaksha Ramappa M.adiwaL " ~.
Son ofRamappa_,
Aged about 38' years, _ _
Residing at TavairaJge1'C_vi1V1:}1gé',-- "
Kalghatgi, Dharwad _Disfn'£:t. " V _
7. Smt.Sh0b1 1adev_i Tg%;mk0p;$a,f_"-- ..
Wif'='0f.T .
..R¢sid'-ifig Ugni2'.c'Im'il1ag¢;
Kalghasv ..Resp-ondents
(By Smt..K.V'idy;§v;ifi,V.§§r>.[£gr R1,
Sriifrakaeih Adv for R2 to 7)
is filed under Art:(:' has 226 and 227 of
.. of India praying to quash the notice dated
.' . issued by the first responddcnt in
1¥3'0.T*HAPAMK/ KANIA/THAPAMU SAMANYA SABHE: 2008-
per Anncxuxtt-B, and cm,
This Writ petition coming on for orders, this day, the
Court rams: the following:
E
ORDER
The present petition coming on forw /on
I.A.1/2008 seeking disposal of the writ petition, iev
taken up for final disposal,
52. The Taluk Pane’ha__yath,” eoneistgsof
members of which one is The elected
as Adhyaksha for V. ._V_ev1_onths efiect from
6.10.2007. It is persons had
at ao’no’:–Veoniit;t1ence motion against
the it on the basis of certain
was made to the first-
respontlent call for a meeting in terms of
of Panchayat Raj (Motion of No
Adhyaksha 5» Upadhyaksha of
V Rules, 1994, and in terms of Section
” Karnataka Panchayat Raj Act, 1993. It is the
contention of the petitioner that respondents 2 to ‘7 who are
” tinexnbers of the Panchayath have addmssed the requisition
to the first nespondent instead of the petitioner, against
Whom the present no confidence motion is moved, and it is
the further contention that mspondent no.1, without
compliance with the Iequizement under Section 141, has
3
called fer a mating by notice dated 23.8.2008. There is no
power entrusted with the first xespondent to call fer-.s:uch a
meeting. The petitioner has ascertained each
requisition has been addressed either to ~1}m,
Upacihyaksha. It is in this backgwufld V f
petition is filed.
3. The respenden;_q…;1;ei;t%e”enteted’ The
pxesent application =t_txe writ petition is
filed by msp9ndentf3″”2″ that there is no
objection as prayed for. On
the ether’ appearing for first
that there is no infirmity in the
first for a meeting to address the
Cenfideneefifiotien against the petitioner, as the nzaeeting
?de«…_eonducted under the chairmanship of the
‘Q ~.; and hence the xequirement of law is met.
‘”1’his,.’_’ce-ntention on the face of it is erroneous, as from a
., of section 141 of the Karnataka Panchayat Raj Act,
V’ ‘-1593, the said meeting as contemplated may be called for at
the instanee of Adhyaksha or Upadhyaksha. in the instant
case, the meeting having been called for by the firet-
5
rewondent is not in accordance with the saidsedim and is,
on the face of it, invalid and newest
4. The petition, thexdbre, is allovcd ”
dated 23.8.2008, at Annexurc~B, is qtlashcd. ~ V =
‘J .
V’ V. _ H E~_’~11b*