IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 39396 OF 2025 (LB-RES)

BETWEEN:

SRI. C.N. SRINIVAS S/O P. NARASIMHAIAH, AGED ABOUT 52 YEARS, R/O CHALDIGANAHALLI VILLAGE, SRINIVASAPURA TALUK, CHALDIGANAHALLI, KOLAR-563 126.

…PETITIONER (BY SRI. SHIVAPRAKASH M., ADVOCATE)

AND:

1. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR-563 101.

Digitally signed

2. THE GRAMA PANCHAYATH by SHWETHA RAGHAVENDRA CHALDIGANAHALLI VILLAGE, SRINIVASAPURA TALUK, Location: HIGH COURT OF KOLAR DISTRICT-563 135, KARNATAKA REP. BY ITS SECRETARY.

3. THE PANCHAYATH DEVELOPMENT OFFICER GRAMA PANCHAYATH, CHALDIGANAHALLI, SRINIVASAPURA TALUK, KOLAR DISTRICT-563 101 …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI. BOPPANNA BELIYAPPA, AGA FOR R1;

SRI. M.S. DEVARAJU, ADVOCATE FOR R2 & R3)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: (1) CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF THE FIRST RESPONDENT ASSISTANT COMMISSIONER IN THE MATTER OF CALLING FOR MEETING TO PASS RESOLUTION OF “NO CONFIDENCE MOTION” VIDE NOTICE NO.ELNCR:38/2025-26 DATED 20.12.2025 AT ANNEXURE-E; (2) QUASH THE NOTICE NO.ELNCR:38/2025-26 DATED 20.12.2025 AT ANNEXURE-E, ISSUED BY THE FIRST RESPONDENT CONSEQUENTLY TO DIRECT THE RESPONDENT NO.1 ASSISTANT COMMISSIONER TO CONDUCT PRELIMINARY ENQUIRY REGARDING THE COMPLAINT MADE/LODGED BY THE PETITIONER DATED 07.11.2025 AT ANNEXURE-B.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Petitioner is before this Court seeking for the following reliefs:

“1. Call for the entire records from the Office of the First Respondent Assistant Commissioner in the matter of calling for meeting to pass Resolution of "No Confidence Motion" vide Notice No.ELNCR:38/2025-26 dated 20/12/2025 at Annexure-E.

2. To issue Writ of Certiorari and quash the Notice No.ELNCR:38/2025-26 dated 20/12/2025 at Annexure-E, issued by the first respondent consequently to direct the Respondent No.1 Assistant Commissioner to conduct preliminary enquiry regarding the complaint made/lodged by the petitioner to dated 7/11/2025 at Annexure-B.

3. Pass such other order/s as this Hon'ble Court deems fit and proper in the circumstances of the case. Pass cost of proceedings.”

2. The petitioner is aggrieved by a Notice issued by respondent No.1 fixing the Meeting at 11.00 a.m. on 7.1.2026 to consider the requisition submitted by the Members of the Chaldiganahalli Gram Panchayat.

3. Sri Shivaprakash M., learned counsel appearing for the petitioner, submitted that the members of the Gram Panchayat were elected on 30.12.2020 and that, although the original term has expired, the same has been extended and even as on date, fifteen days remain for completion of the term of the Gram Panchayat. It is contended that the Motion of No Confidence has been moved at the fag end of the term in a mala fide manner, solely on account of the petitioner not having succumbed to the alleged demands made by certain members for release of a sum of Rs.65 lakhs available with the Panchayat. In that regard, the petitioner is stated to have submitted a representation dated 07.11.2025 seeking conduct of an audit. On these grounds, it is urged that the Motion of No Confidence and the consequential notice fixing the date, time, and venue for the meeting deserve to be quashed.

4. Per contra, Smt. Prathima Honnapura, learned Additional Advocate General appearing for respondent No.1, submitted that though the elections were held on 30.12.2020, the first meeting of the Gram Panchayat was convened on 12.02.2021, and therefore, the term of the Gram Panchayat would continue till 11.02.2026. It is submitted that the dates relied upon by the petitioner are incorrect and misleading.

5. It was further submitted that an earlier Motion of No Confidence was sought to be considered on 20.12.2025; however, on account of