IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R.NATARAJ WRIT PETITION NO.200273 OF 2025 (LB-ELE)

BETWEEN:

1. BHIMASHANKAR S/O BHIMARAYA, AGE: 43 YEARS, OCC: AGRICULTURE AND MEMBER OF THE GRAM PANCHAYATH, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. : KALABURAGI-585222.

2. SMT. MUMTAZA BEGUM W/O BASHA MIYA, AGE: 58 YEARS, OCC: HOUSEHOLD AND MEMBER OF THE GRAM PANCHAYATH, KOLLUR, R/O KOLLUR TQ. SEDAM, DIST. KALABURAGI-585222.

…PETITIONERS (BY SRI. J. AUGUSTIN, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH THE PRINCIPAL SECRETARY, GOVT. OF KARNATAKA, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, VIKASA SOUDHA, BENGALURU.

2. THE ASSISTANT COMMISSIONER, SEDAM, TQ. SEDAM, DIST. KALABURAGI-585222.

3. PANCHAYAT DEVELOPMENT OFFICER (PDO), OFFICE OF GRAM PANCHAYAT, KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222.

4. ERANNA BHAJANTRI, AGE: 46 YEARS OCC: AGRICULTURE AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222.

5. SRI. VIKRAM PATIL, AGE: 38 YEARS OCC: AGRICULTURE AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222.

6. SRI. SHANTAPPA BHAJANTRI, AGE: 30 YEARS, OCC: AGRICULTURE AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222.

7. SMT. NARASINGAMMA AGE: 28 YEARS, OCC: HOUSEHOLD AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222.

8. SMT. SHOBHA BHAJANTRI, AGE: 40 YEARS, OCC: HOUSEHOLD AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222. 9. SMT. NAGAMMA DESAI, AGE: 45 YEARS, OCC: HOUSEHOLD AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222.

10. SMT. SUNITA, AGE: 30 YEARS, OCC: HOUSEHOLD AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222.

11. SMT. RANJITA, AGE: 30 YEARS, OCC: HOUSEHOLD AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222.

12. SRI SRINIVASA BHOYAR, AGE: 32 YEARS, OCC: AGRICULTURE AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222.

13. SRI MOHAMMAD GOUSE, AGE: 44 YEARS, OCC: AGRICULTURE AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR, TQ. SEDAM, DIST. KALABURAGI-585222.

14. SMT. NAGAMMA W/O MAHANTAPPA, AGE: 38 YEARS, OCC: HOUSEHOLD AND MEMBER OF THE GRAM PANCHAYAT, KOLLUR, R/O KOLLUR TQ. SEDAM, DIST. KALABURAGI-585222.

…RESPONDENTS (by SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 AND R2;

SRI. SANTOSH PATIL, ADVOCATE FOR C/R4 AND R9)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE NOTICE OF MEETING OF NO CONFIDENCE AS PER ANNEXURE-C NO.PAÀ /ZÀÄ£ÁªÀu/É 48/2024-25 DATED 17.12.2024 AND NOTICE OF CONSIDERING MOTION OF NO CONFIDENCE ¸ÀA/PAÀ /ZÀÄ£ÁªuÀ /É 48/2024-25 DATED 22.01.2025 OF KOLLUR GRAM PANCHAYAT AGAINST THE ADHYAKSHA AND UPADHYAKASHA I.E. PETITIONER NOS.1 AND 2 AS PER ANNEXURE-D MAY KINDLY BE QUASHED.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE R.NATARAJ ORAL ORDER The Adhyaksha and Upadhyaksha of Grampanchayat, Kollur, Sedam Taluk, Kalaburagi District have filed this writ petition challenging a notice dated 17.12.2024 and 22.01.2025 issued by respondent No.2 proposing a meeting on 07.01.2025 and 06.02.2025 to consider a ‘motion of no confidence’ moved by the members of the Grampanchayat.

2. The petitioners contend that they were elected as Adhyaksha and Upadhyaksha of the Panchayat at the election held on 26.08.2023. They contend that 11 members of the Panchayat moved a ‘motion of no confidence’ by submitting an undated representation in Form No.1. The respondent No.2 issued a notice dated 17.12.2024 fixing a meeting of the members on 07.01.2025. However, the meeting could not be held on 07.01.2025. The respondent No.2 then issued another notice dated 22.01.2025 convening a meeting of the membe