The requirement of a fifteen clear days' notice for no-confidence motions is mandatory, computed from the date of dispatch, excluding both the date of dispatch and the date of the meeting.

JUDGMENT :

ANU SIVARAMAN, J.

1.Writ Appeal No.207/2025 is filed against the order dated 31.01.2025 passed by the learned Single Judge in Writ Petition No.35255/2024 (LB-RES).

Writ Petition No.19571/2025 is filed seeking to quash the meeting notice given in Form-II, vide No.ALN-GraPan- Avishwasa-01/2025-26, dated 24.06.2025 issued by respondent No.3 at Annexure 'K' to the Writ Petition.

Writ Petition No.20174/2024 is filed seeking to quash the Notice dated 23.06.2025 issued by Assistant Commissioner, Davanagere Sub-Division, Davanagere- respondent No.2 bearing No.Election:CR/26/2025-26 whereby respondent no. 2 has convened meeting on 11.07.2025 at 11.00 a.m. to consider the no-confidence motion moved against the petitioner/President of Nagenahalli Grama Panchayat, vide Annexure 'A' and all further proceedings pursuant to the notice.

Writ Petition 4557/2025 is preferred seeking to quash the impugned notice dated 30.01.2025 bearing No.ELN(KU) CR.48/24-25 issued by respondent no.2.

2. We have heard Shri. P.P. Hegde, learned senior counsel as instructed by Shri. Venkatesh Somareddi, learned Advocate appearing for the petitioner in W.P.No.20174/2025, Shri. A.M.Maheshwarappa, learned counsel appearing for the petitioner in W.P.No.19571/2025 and Shri. Andanappa Gurappa Ballolli, the learned counsel appearing for the appellant in W.A.No.207/2025. Shri. Sadanand G. Shastri, learned counsel appearing for the petitioner in W.P. No.4557/2025.

Shri. Chandrashekar L, learned counsel appearing for respondents No.4 to 10 in W.A.No.207/2025, Shri. Ashok N. Nayak, learned counsel appearing for respondent No.14 in W.P.No.19571/2025 and Shri. N.K.Jagadeeshwara, learned counsel appearing for respondent No.3 in W.P.No.20174/2025. Shri V. Rajaiah, learned counsel for respondents No.4 to 6, Caveator/respondent No.8, 11 Caveator/respondent No.15 and 16 in W.P.No.4557/2025.

Smt. Pratima Honnapura, learned Additional Advocate General along with Smt. Mamatha Shetty, learned Additional Government Advocate appearing for the State in Writ Appeal No.207/2025, W.P.No.19571/2025 and 20174/2025. Smt. Pramodhini Kishan, learned Additional Government Advocate appearing for respondents No.1 and 2 in W.P.No.4557/2025.

3. These writ petitions have been placed before us for consideration on account of Reference Order dated 28.02.2025 in Writ Petition No.4557/2025, Reference Order dated 05.03.2025 in Writ Appeal No.207/2025 the Reference Order dated 10.07.2025 in Writ Petitions No.19571/2025 and 20174/2025. The reference has been made on account of the difference of opinion expressed in three judgments of learned Single Judges of this Court.

4. On a conjoint reading of the orders of Reference, we notice that these four questions have been placed for our consideration:-

(i) Whether the requirement of giving “not less than fifteen clear days' notice” under Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, is to be construed as mandatory or directory?

(ii) Whether the statutory phrase “give a notice of not less than fifteen clear days” refers to the date of dispatch of notice or the date of its actual delivery to the members?

(iii) Whether both the date of receipt of notice and the date of meeting are to be excluded in computing the "15 c