IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35873 OF 2024 (LB-RES)

C/W WRIT PETITION NO. 30413 OF 2024 (LB-RES)

IN WP No. 35873/2024:

BETWEEN:

1. SRI MANJULA H W/O A MANJUNATHA, AGED 35 YEARS

2. PUSHPAVATHI W/O SHIVANNA AGED ABOUT 38 YEARS

3. SMT. S SHYLAJA Digitally W/O P A SRINIVASA MURTHY signed by AGED ABOUT 44 YEARS KIRAN KUMAR R Location :

4. T SWATHI HIGH COURT OF W/O KRISHNAPPA, KARNATAKA AGED ABOUT 36 YEARS

5. SRI. P H RAGHU S/O G HANUMANTHAPPA AGED ABOUT 42 YEARS

6. SMT. NAGAMMA W/O PATHALINGAPPA AGED ABOUT 45 YEARS

7. SMT. JYOTHI R W/O ANANDA KUMAR T, AGED ABOUT 37 YEARS

8. SMT. RAMANJINAMMA W/O NARAYANAPPA AGED ABOUT 52 YEARS 9. SRI K O SUBBAPPA S/O OBAIAH AGED ABOUT 44 YEARS

10. SMT. PARVATHI W/O RAVI, AGED ABOUT 34 YEARS 11. SRI RAMANJANEYA S/O ANJINAPPA AGED ABOUT 53 YEARS, 12. SRI. H CHANNA REDDY S/O HC HANUMANTHARAYAPPA AGED ABOUT 52 YEARS

13. SRI. UGRA NARASIMHAPPA S/O KARIYANNA AGED ABOUT 71 YEARS.

ALL THE PETITIONERS ARE ELECTED MEMBERS OF POTHAGANAHALLI GRAMA PANCHAYATH Y N HOSKOTE HOBLI, PAVGADA TALUK, TUMKUR DISTRICT-572141 …PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY RURAL DEVELOPMENT AND PANCHAYATHRAJ DEPARTMENT VIDHANASOUDHA BENGALURU-560001.

2. ASSISTANT COMMISSIONER MADHUGIRI SUB DIVISION MADHUGIRI, TUMKUR DISTICT-572132.

3. THE POTHAGANAHALLI GRAMA PANCHAYATH Y N HOSKOTE HOBLI REP. BY PANCHAYATH DEVELOPMENT OFFICER (PDO)

PAVGADA TALUK TUMKUR DISTRICT-572141.

4. SMT ASHWINI M W/O ABHISHEK KUMAR D T AGED ABOUT 30 YEARS R/AT NO. 136, DALAVAYIHALLI VILLAGE Y N HOSKOTE HOBLI, PAVGADA TALUK TUMKUR DISTRICT-572141 …RESPONDENTS (BY SRI. RAHUL CARIYAPPA., AGA FOR R-1 & R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE NOTE DATED 23/12/2024 IN NO. NIL VIDE ANNEXURE-E MADE BY THE R4, ETC.

IN WP NO. 30413/2024:

BETWEEN:

1. SMT ASHWINI M W/O. ABHISHEK KUMAR D.T, AGED ABOUT 30 YEARS, R/AT NO.136, DALAVAYIHALLI VILLAGE, Y.N. HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT, KARNATAKA-572141. PRESENTLY WORKING AS PRESIDENT OF POTHAGANAHALLI GRAMA PANCHAYATHI, Y.N.HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT-572141.

...PETITIONER (BY SRI. NARASI REDDY G., ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001.

2. THE ASSISTANT COMMISSIONER MADHUGIRI SUB-DIVISION, MADHUGIRI, TUMKUR DISTRICT, KARNATAKA 572132.

3. THE POTHAGANAHALLI GRAMA PANCHAYATH REP BY ITS PANCHAYATH DEVELOPMENT OFFICER (PDO), Y.N. HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKUR DIST-572141.

...RESPONDENTS (BY SRI. RAHUL CARIYAPPA., AGA FOR R-1 & R-2;

SRI. A.NAGARAJAPPA., ADVOCATE FOR R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO. ELECTION C.R 43/2024- 25 DATED 25.10.2024 ISSUED BY THE R-2 ASSISTANT COMMISSIONER, MADHUGIRI SUB-DIVISION, MADHUGIRI AS PER ANNEXURE-A FOR NO CONFIDENCE MOTION MEETING AGAINST THE PETITIONER TO HELD ON 19.11.2024 AT 11.00 PM IN THE OFFICE OF POTHAGANAHALLI GRAMA PANCHAYITI, Y.N.HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKURU DISTRICT.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

1. W.P. No.30413 of 2024 is filed challenging a motion of no-confidence which has been moved against the petitioner.

2. It is the case of the petitioner that she was elected on 13.07.2023 as the ‘Adhyaksha’, but she assumed office on 05.08.2023 and, therefore, for a period of five months from 05.08.2023 a motion of no-

confidence could not be moved against her.

3. Reliance is sought to be placed on the Division Bench judgment of this Court rendered in W.A.

No.1508/2023.

4. Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 reads as follows-

“49. Motion of no-confidence against Adhya