Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF DECEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE R.NATARAJ AND THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR WRIT APPEAL NO. 200317 OF 2024 (LB-ELE) BETWEEN:
1. MRS. VITHABAI WIFE OF MR. RAMESH PANDIT, AGED ABOUT 51 YEARS, OCC PRESIDENT OF GRAM PANCHAYAT BOMMANAHALLI VIJAYAPURA,
2. MRS. SHRIDEVI
WIFE OF MR. GURUPAD BIRADAR AGED ABOUT 38 YEARS, Digitally signed OCC VICE PRESIDENT OF GRAM by RAMESH MATHAPATI PANCHAYAT BOMMANAHALLI Location: HIGH COURT OF RESIDING AT: BOMMANAHALLI, KARNATAKA TQ SINDAGI, …APPELLANTS (BY SRI SHYAM SUNDAR, SR. COUNSEL FOR SRI LINGARAJ MALLANNA, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF PANCHAYAT RAJ, VIDHAN SOUDHA, -2- BENGALURU -560 001. BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER, VIJAYAPURA,
3. THE ASSISTANT COMMISSIONER, INDI, VIJAYAPURA - 586206.
4. THE GRAM PANCHAYAT, REPRESENTED BY PDO.
5. THE ELECTION OFFICER / DESIGNATED OFFICER, GRAM PANCHAYAT,
6. MR. CHANDRAKANT SON OF SHARANAPPA SAGAR, AGED ABOUT 45 YEARS, OCC: GRAM PANCHAYAT MEMBER
7. MR. SURESH SON OF GURUPADAPPA BIRADAR, AGED ABOUT 38 YEARS, OCC: GRAM PANCHAYAT MEMBER -3-
8. MR. RAVICHANDRA, SON OF SHANKREPPA BIRADA, AGED ABOUT 35 YEARS,
9. MR. VITHOBHA SON OF BASAPPA SONNAD, AGED ABOUT 35 YEARS,
10. MR. LAVA SON OF YALLAPPA SONNA, AGED ABOUT 28 YEARS,
11. MRS. LAXMI WIFE OF CHIDANAND AMBIGER, AGED ABOUT 28 YEARS,
12. MRS. SUNDRABAI WIFE OF SHARANAPPA BIRADAR, AGED ABOUT 58 YEARS,
13. MRS. NEELAMMA WIFE OF ADIVEPPA KARAJAGI, AGED ABOUT 58 YEARS, -4-
14. MRS. SAVITA WIFE OF RAMESH DHOOLABA, AGED ABOUT 35 YEARS,
15. MRS. SHOBHA
WIFE OF VITHOBHA BADIGER, AGED ABOUT 38 YEARS, DIST VIJAYAPURA 586206. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3; SRI SANTOSH HANMANTHRAO, ADV. FOR R7 TO R15) THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 20.12.2024 IN WP NO. 203906/2024 AND
CONSEQUENTLY GRANT RELIEFS AS PRAYED FOR IN WP NO. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R.NATARAJ AND HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR -5-
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE R.NATARAJ)
1. This writ appeal is filed challenging the order
dated 20.12.2024 by which the learned Single Judge refused to grant an interim order of stay of the proposed ‘No Confidence Motion’, but held that, the proceedings of ‘No Confidence Motion’ shall be subject to the out come of the writ petition.
2. The petitioner No.1 who was the President and
the petitioner No.2 who was the Vice-President of Bommanahalli Gram Panchayat, filed a writ petition challenging the notice of ‘No Confidence Motion’ on the ground that it was not preceded by a 15 days notice as mandated under Rule 3 of the Karnataka Panchanyat Raj Motion of No Confidence against Adhyakasha and Upadhyaksha of Gram Panchayat Rules, 1994. The learned Single Judge refused to stay the ‘No Confidence Motion’, but
held that the same would be subject to the result of the writ
petition. Being aggrieved by the same, this appeal is filed. -6-
3. Learned Senior Counsel for the appellant
submitted that, the notice of ‘No Confidence motion’ is in violation of Rule 3 in as much as, a 15 days prior notice is not issued. This is not disputed by the learned counsel for the respondent Nos.7 to 15, as well as the learned Additional Government Advocate for respondent Nos.1 to 3.
4. It is now well settled that, if a thing has to be
done in a particular manner, it has to be done in that manner alone, or not at all. The question whether 15 days prior notice is mandatory or not is conclusively determined by the Division Benches of this Court, where it is held that, compliance of Section 3(1) of the Rules is mandatory.
5. In that view of the matter, it was appropriate for the learned Single Judge to have stayed the notice of ‘No Confidence Motion’. Hence, the following:
ORDER
(i) The writ appeal is allowed; -7-
(ii) The impugned order passed by the learned
Single Judge dated 20.12.2024 is modified and the notice of ‘No Confidence Motion’ issued by the respondent No.3, proposing to vote the motion on 31.12.2024 is stayed, until disposal of the writ petition. Sd/- (R.NATARAJ) JUDGE Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SVH List No.: 1 Sl No.: 1 CT: PS