Smt. Shanthamma Vs the Assistant Commissioner — Writ and Judicial Review | Karnataka HC (2025)

Smt. Shanthamma Vs the Assistant Commissioner — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC:4933 WP No. 3035 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE N S SANJAY GOWDA

WRIT PETITION NO. 3035 OF 2025 (LB-ELE)

BETWEEN:

SMT. SHANTHAMMA, W/O G RAJAPPA, AGED ABOUT 45 YEARS, OCC PRESIDENT OF JODITHIMMAPURA GRAMA PANCHAYATH, JODITHIMMAPURA VILLAGE, BEERUR KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 116.

…PETITIONER

(BY SRI. HANUMANTHAPPA HARAVI., ADVOCATE)

AND:

Digitally signed by SUMA Location: HIGH COURT KARNATAKA

THE ASSISTANT COMMISSIONER, THARIKERE SUB DIVISION, THARIKERE, CHIKKAMAGALURU DISTRICT - 577 116.

THE ELECTION OFFICER JODITHIMMAPURA GRAMA PANCHAYATH, KADUR TALUK, CHIKKAMAGALURU DISTRICT -577116

…RESPONDENTS

(BY SRI BOPANNA BELLIAPPA, AGA FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF THE IMPUGNED NOTICE BEARING NO. ELN/GRAMPUM/

2 - NC: 2025:KHC:4933 WP No. 3035 of 2025

AVISHWASHA/04/2024-25 DTD. 17.01.2025 VIDE ANNX-C ISSUED BY THE R-1 WITH IMMEDIATE EFFECT. GRANT AN INTERIM ORDER TO STAY OF NOTICE DATED 17.01.2025 BEARING NO.ELN/GRAMPUM/AVISHWASHA/04/2024-25 VIDE ANNX-C ISSUED BY R-1 TILL PENDING DISPOSAL OF THE ABOVE WRIT PETITION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

This petition is filed challenging a notice issued by the Assistant Commissioner, whereby, he has convened a special meeting to consider the motion of no confidence that has been moved against the petitioner.

The impugned Annexure clearly indicates that six out of the nine members had submitted a requisition expressing their intend to move motion of no confidence against the petitioner on 16.01.2025 and the Assistant Commissioner on receipt of the said requisition, has issued a notice dated 17.01.2025, convening the meeting 15 days thereafter i.e., on 01.02.2025. It is therefore clear that the Assistant Commissioner has followed the procedure prescribed under Rule 3(2).

3 -

NC: 2025:KHC:4933 WP No. 3035 of 2025

It is however the case of the learned counsel for the petitioner that the notice of this meeting was served with the petitioner only yesterday and therefore, he would not have 15 days prior notice of the meeting and consequently, the entire meeting would be in honest. It is clear that Rule 3(2) does not contemplate that a meeting should be fixed after service of notice to the members, giving each member atleast 15 days notice from the date of service of notice. The Rule merely contemplates that the Assistant Commissioner is required to give 15 days prior notice from the date of his notice. In this case, admittedly, the notice dated 17.01.2025, does grant 15 days prior notice of the meeting as the meeting must be convened on 01.02.2025.

I am therefore of the view that, there is no merit in

the writ petition and the same is dismissed.

Sd/(N S SANJAY GOWDA) JUDGE

THM List No.: 2 Sl No.: 1