KAVITA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed seeking for the following reliefs:

(2.) Brief facts giving rise to filing of this writ petition are as under:

(3.) Respondent Nos.5 to 16 have filed statement of objection denying the averments made in the writ petition and it is contended that the impugned notices are dtd. 21/4/2025 and the date of meeting is fixed on 8/5/2025. Thus, requirement of the rules is to give 15 clear days notice. The impugned notices are in accordance with the said Rules and there is no illegality in the process. It is stated that notice of meeting was served on all the twelve respondents i.e., respondent Nos.5 to 16 on 22/4/2025. Notice was duly served on another member by name Smt.Neela W/o Sridhar Hegde on 22/4/2025. In respect of other 5 members including the petitioners, notice was served on them on 22/4/2025 itself and they refused to accept the same. The PDO/Secretary of Bharatgi Gram Panchayat has submitted report dtd. 23/4/2025 to respondent No.3. The copy of the report of PDO/Secretary of Bharatgi Gram Panchayat is produced and marked as Annexure-R1. It is contended that after receipt of report from the PDO, the petitioners have received the notices on 28/4/2025 with dishonest intention as to make it appear that there has been no 15 clear days notice. It is contended that respondent No.3 has complied the mandatory provisions by issuing 15 clear days notice and not of service of notice with 15 clear days. It is stated that even if the date of issuing notices and the meeting date are excluded, there is 15 clear days notice. Hence, the alleged date of service becomes irrelevant for consideration. It is submitted that the petitioners earlier filed writ petition in W.P.No.201001/2025 and by misrepresenting the Court obtained an interim order staying the operation of the notice calling for a meeting to consider no-confidence motion. This Court dismissed the writ petition vide order dtd. 16/4/2025. The petitioners, aggrieved by the order passed by the learned Single Judge in the aforesaid writ petition, filed writ appeal in W.A.No.200114/2025. The said appeal was dismissed by order dtd. 28/4/2025. Hence, on these grounds, the respondents pray to dismiss the writ petition.