Mr.Sri Narasaiah Vs the State of Karnataka

THE STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ REPRESENTED BY PRINCIPAL SECRETARY M.S. BUILDING, 3^RD FLOOR, 3^RD GATE BENGALURU, KARNATAKA-560001.

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Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

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ASSISTANT COMMISSIONER FIRST FLOOR, MINI VIDHANA SOUDHA TUMKURU-572101.

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MUGANAYAKANAKOOTE REPRESENTED BY PANCHAYATH DEVELOPMENT OFFICER, NITTURU HOBLI, GUBBI TALUKU TUMKURU-572130.

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M.R. DILEEP S/O RENUKAIAH AGED ABOUT 45 YEARS MEMBER OF M N KOTE GRAMAPACHAYATH M N KOTE POST, NITTUR HOBLI,

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HC-KAR

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GUBBI TALUK, TUMKURU DIST-572222

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SMT. UMA W/O KENAIAH AGED ABOUT 40 YEARS M N KOTE GRAMA PANCHYAT MEMBER M N KOTE POST, NITURU HOBLI GUBBI TALUK, TUMKURU DISTRICT-572222

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SIDDAGANGAMMA H B W/O KALLAPPA AGED ABOUT 48 YEARS VICE PRESIDENT M N KOTE GRAM PANCHAYAT M N KOTE POST NITTUR HOBLI, GUBBI TALUK TUMKUR-572222

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RAVISH S/O VENKATARANGIAH AGED ABOUT 45 YEARS GRAMA PANCHAYAT MEMBER M N KOTE NITTUR HOBLI, GUBBI TALUK TUMKUR DISTRICT-572227

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MOHAN M V S/O VENKATESAIAH AGED ABOUT 40 YEARS GRAMA PANCHAYAT MEMBER M N KOTE M N KOTE POST, NITTUR HOBLI, GUBBI TALUK TUMKURU DISTRICT-572222

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SIDDARAMAIAH S/O LATE RUDRANNA AGED ABOUT 55 YEARS GRAMA PANCHAYAT MEMBER UDDEHOSAKERE, SOMALAPUR POST NITTUR HOBLI, GUBBI TALUK TUMKURU DISTRICT-572222

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SMT. BHAGYAMMA W/O THIMMAYYA AGED ABOUT 40 YEARS GRAMA PANCHAYAT MEMBER UDDEHOSAKERE SOMALAPURA POST, NITTUR HOBLI,

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HC-KAR

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GUBBI TALUK

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TUMKURU DISTRICT-572222.

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MRS. DIVYA K C/O VENKATESH AGED ABOUT 40 YEARS GRAMA PANCHAYAT MEMBER UDDEHOSAKERE SOMLAPUR POST NITTUR HOBLI GUDDA TALUK, TUMKUR DISTRICT-572222

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SHRI SIDDAGANGAYYA S/O LATE MARIYANNA AGED ABOUT 50 YEARS GRAMA PANCHAYAT MEMBER MALLENAHALLI (MALLENAHALLIL HATTI) SOMALAPURA POST, NITTUR HOBLI, GUBBI TALUK, TUMKUR-572222.

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I.K. SHIVAYYA

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S/O LATE KARERAMAYYA AGED ABOUT 45 YEARS GRAM PANCHAYAT MEMBER EDAKANAHALLI SOMALAPUR POST, NITTUR HOBLI, GUBBI TALUK, TUMKURU DISTRICT-572222

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SMT. KAVITA C/O BASAVARAJU AGED ABOUT 35 YEARS GRAMA PANCHAYAT MEMBER IDAKANAHALLI SOMALAPUR POST, NITTUR HOBLI GUBBI TALUK, TUMKUR DISTRICT-572222.

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LOKESH M.R

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AGED ABOUT 40 YEARS GRAM PANCHAYAT MEMBER MATTIKERE SOMALAPUR POST, NITTUR HOBLI GUBBI TALUK, TUMKUKR DISTRICT-572222.

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SASIKALA P S W/O YOGISH AGED ABOUT 40 YEARS GRAM PANCHAYAT MEMBER HALSINA NAGENAHALLI M.N. KOTE POST, NITTUR HOBLI, GUBBI TALUK, TUMKURU DISTRICT-572222

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4 - NC: 2025:KHC:52900 WP No. 28716 of 2025

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HC-KAR

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…RESPONDENTS

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(BY SRI. H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2;

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SRI. A. NAGARAJAPPA, ADVOCATE FOR RESPONDENT NO.3;

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SRI. M.B.CHANDRACHOODA, ADVOCATE FOR RESPONDENT NO.12; NOTICE ISSUED ON RESPONDENT NOS.4, 5, 7 TO 11, 13, 14 AND 16 ARE SERVED AND UNREPRESENTED;

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VIDE ORDER DATED 12.12.2025, NOTICE TO RESPONDENT NOS.6 AND 15 IS DISPENSED WITH)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 06.09.2025 BEARING NO.EJ¯ïJ£ï(UÀÄ)¹Dgï:31/25-26 ISSUED BY RESPONDENT NO.2 CONVENING MEETING OF NO CONFIDENCE MOTION AGAINST PETITIONER/PRESIDENT OF MN KOTE GRAMA PANCHAYAT/RESPONDENT NO.3 ON 30.09.2025 VIDE ANNEXURE -B.

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

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner has challenged a notice bearing No. EJ¯ïJ£ï(UÀÄ)¹Dgï:31/25-26 dated 06.09.2025 issued by respondent

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No.2, convening a meeting of the members of respondent No.3

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to consider motion of no confidence on 30.09.2025.

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The petitioner contends that he was elected as the President of respondent No.3 on 12.08.2024. Even before completion of the minimum period of 15 months, as prescribed under Section 49 of the Karnataka Gramswaraj and Panchayat

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HC-KAR

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Raj Act, 1993 (henceforth referred to as 'Act, 1993'), the members of respondent No.3 submitted an application before respondent No.2 under Rule 3 of the Karnataka Panchayath Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha) Rules, 1994 (henceforth referred to as 'Rules, 1994') on 06.09.2025. The respondent No.2 without verifying whether the petitioner had completed the minimum tenure as prescribed under Section 49 of the Act, 1993, issued a notice dated 04.09.2025 convening a meeting of the members of the respondent No.3 on 30.09.2025 to consider the motion of no confidence. The petitioner is therefore before this Court challenging the said notice.

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The learned counsel for the petitioner submits that under Section 49 of the Act, 1993 a motion of no confidence cannot be moved within 15 months from the date of election of the Adhyaksha. He contends that the petitioner was elected as President of the Grama Panchayat on 12.08.2024, while the motion of no confidence was moved on 04.09.2025. He therefore contends that the impugned notice and the consequential meeting held on 30.09.2025 being in violation of

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HC-KAR

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Section 49 of the Act, 1993 are liable to be set aside and that the position of the petitioner as President of the Gram Panchayat is to be restored.

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The learned Additional Government Advocate did not dispute the fact that the petitioner was elected as the President of respondent No.3 on 12.08.2024. He also did not dispute the fact that a motion of no confidence could not have been moved within 15 months from the date of election of the petitioner as the President of the Gram Panchayat. However, he submits that the motion of no confidence was moved on 06.09.2025 and the notice convening a meeting was issued on 04.09.2025 proposing to hold a meeting on 30.09.2025.

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The learned counsel for respondent No.12 also did not dispute the above facts.

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A perusal of Section 49 of the Act, 1993 makes it more than apparent that a motion of no confidence cannot be moved against the Adyaksha or Upadyaksha within 15 months from the date of their election as the President or Vice President respectively.

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HC-KAR

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In the case on hand, admittedly the petitioner was

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elected as the President of respondent No.3 on 12.08.2024. Therefore, the motion of no confidence could not have been moved within 15 months there from. Nonetheless, a request was made by the members of respondent No.3 on 04.09.2025 and a notice of the meeting was issued by respondent No.2, unmindful of the prohibition in law under Section 49 of the Act, 1993 and he convened a meeting on 30.09.2025. Therefore, it is apparent that the entire procedure followed by respondent No.2 as well as the members of respondent No.3 falls foul of Section 49 of Act, 1993.

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In that view of the matter, the writ petition is allowed . The impugned notice dated 06.09.2025 issued by respondent No.2 is set aside and the position of the petitioner as the Adhyaksha of respondent No.3 is restored. It is always open for the members of respondent No.3 to take fresh steps if they are so advised

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Sd/(R. NATARAJ) JUDGE

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List No.: 1 Sl No.: 16

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HJ

Mr.Sri Narasaiah v. the State of Karnataka

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Mr.Sri Narasaiah v. the State of Karnataka

Case brief

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