Karnataka High Court
Smt. Rukmini P M vs The State Of Karnataka on 28 February, 2025
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 1909 OF 2025 (LB-RES)
C/W
WRIT PETITION NO. 30978 OF 2024 (LB-RES)
IN W.P.No.1909 OF 2025:
BETWEEN:
SMT.RUKMINI.P.M.,
W/O LATE MURALI.P
AGED ABOUT 64 YEARS,
R/O JANATHA COLONY, MADAPATTANA,
KUSHALANAGARA.,
SOMWARPET TALUK,
KODAGU DISTRICT-571 234.
...PETITIONER
(BY SRI. MOHAN K.N.,ADVOCATE)
Digitally AND:
signed by
KIRAN
KUMAR R
Location:
HIGH
1. THE STATE OF KARNATAKA,
COURT OF
KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PANCHAYAT RAJ
AND RURAL DEVELOPMENT,
M.S.BUILDING, DR.AMBEDKAR VEEDI,
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER,
KODAGU DISTRICT,
MADIKERI-571 201.
3. THE ASSISTANT COMMISSIONER,
MADIKERI SUB-DIVISION,
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MADIKERI-571201
KODAGU DISTRICT.
4. THE EXECUTIVE OFFICER,
TALUK PANCHAYAT,
SOMAWARAPETE TALUK,
SOMAWARAPETE,
KODAGU DISTRICT-571 236.
5. THE PANCHAYAT DEVELOPMENT OFFICER,
GRAM PANCHAYAT,
GUDDEHOSURU,
KUSHALANAGARA TALUK,
KODAGU DISTRICT-571 234.
6. SRI. PRAVEEN KUMAR.M.K.,
S/O LATE KUSHALAPPA.,
AGED ABOUT 38 YEARS,
R/O MADAPATNA VILLAGE AND POST,
BAICHANALLI,
KUSHALANAGARA TALUK
KODAGU DISTRICT-571 234.
...RESPONDENTS
(BY SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-3;
SRI. P.B.ACHAPPA., ADVOCATE FOR R-4 & R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE OFFICIAL MEMORANDUM DATED 08.01.2025
BEARING No.THAPAMSO/ADALITHA/GRAPAM/2024-25 ISSUED
BY THE R-4 AT ANNEXURE-F, ETC.
IN W.P.No. 30978 OF 2024
BETWEEN:
SRI.N.S.JAGA,
SON OF LATE N.S.SOMAIAH,
AGED 46 YEARS,
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WP No. 1909 of 2025
C/W WP No. 30978 of 2024RESIDING AT KUSHANAGAR TALUKU,
RASULPURA, GUDDEHOSUR,
KODAGU DISTRICT
KARNATAKA-571 234.
…PETITIONER
(BY SRI. S.R.KAMALACHARAN., ADVOCATE)AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS
RURAL DEVELOPMENT AND
PANCHAYAT RAJ DEPARTMENT
3RD GATE, 3RD FLOOR,
M.S.BUILDING, BANGALORE-560 001.
2. ASSISTANT COMMISSIONER,
OFFICE OF THE SUB-DIVISIONAL OFFICER,
MADIKERI SUB-DIVISION,
KODAGU DISTRICT,
KARNATAKA-571 234.
3. DEPUTY COMMISSIONER,
OFFICE OF THE SUB-DIVISIONAL OFFICER,
MADIKERI SUB-DIVISION,
KODAGU DISTRICT,
KARNATAKA-571 234.
4. PANCHAYAT DEVELOPMENT OFFICER,
GODDEHOSUR GRAM PANCHAYAT,
KUSHALNAGAR TALUK,
KODAGU DISTRICT,
KARNATAKA-571 234.
…RESPONDENTS
(BY SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-3;
SRI. P.B.ACHAPPA., ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYIG TO
DECLARE THAT PURSUANT TO THE GAZETTE NOTIFICATION
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BEARING No.UDD 221 MLR 2021(e) DATED 08.12.2022 ISSUED
BY R-1, VIDE ANNEXURE-A GUDDEHOSUR GRAMA PANCHAYAT
STOOD DISSOLVED WITH EFFECT FROM THE SAID DATE, ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 03.02.2025, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
CORAM: THE HON’BLE MR JUSTICE N S SANJAY GOWDA
CAV ORDER
1. One N.S.Jaga, a resident of Rasalpura village, which
comes within the jurisdiction of Guddehosur Gram
Panchayat, has filed W.P.No.30978/2024 seeking a
declaration that by reason of the notification dated
08.12.2022 published in the gazette, Guddehosur
Gram Panchayat stood dissolved.
2. He is also seeking for a mandamus to be issued to
respondent No.3 – Deputy Commissioner to take
necessary action as provided under Section 118 of
Karnataka Gram Swaraj and Panchayat Raj Act, 1993
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(for brevity, “the 1993 Act”). Incidentally, he also
seeks for a declaration that No-Confidence motion
dated 28.10.2024 which had been initiated by the
erstwhile members of Guddehosur Gram Panchayat
was illegal and non-est.
3. During the pendency of aforesaid writ petition,
W.P.No.1909/2025 was filed by one Rukmini, a
member of Guddehosur Gram Panchayat who had
been elected as the Adyaksha of Guddehosur Gram
Panchayat, in the election held on 22.12.2020, for a
term of five years.
4. In said writ petition, she seeks to challenge the
Official Memorandum dated 08.01.2025, a copy of
which is produced at Annexure-F to said writ petition,
by which, the Executive Officer of Taluka Panchayat,
Somwarpet, has appointed the Upadhyaksha to
discharge the functions of Adhyaksha as said post
had become vacant by passing of No-Confidence
motion against Rukmini.
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5. She also seeks to challenge the meeting notice dated
20.01.2025 which has been convened to consider
several subjects relating to the business of
Panchayat.
6. In both these writ petitions, the principal contention
advanced by the petitioners is that the Government
had issued a notification dated 08.12.2022
constituting Kushalnagara City Municipal Council
under Sections 3 & 4 of the Karnataka Municipalities
Act, 1964 (for brevity, “the 1964 Act”) and in said
notification, a part of Madapatna village which was a
part of Guddehosur Gram Panchayat was included
and brought within the jurisdiction of Kushalanagara
City Municipal Council.
7. The petitioners contend that by virtue of Section 118
of the 1993 Act, the moment a panchayat area is
divided, then, the Gram Panchayat which had been
constituted earlier would cease to exist and all the
members of Gram Panchayat would have to vacate
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their office and the Deputy Commissioner would be
required to constitute a new panchayat area.
8. The petitioners, basically, contend that by virtue of a
part of Madapatna village being taken out of the
purview of Guddehosur Gram Panchayat, a division
of the panchayat area is effected and consequently,
Section 118 of the 1993 Act would come into
operation.
9. Chapter – VI of the 1993 Act provides for conversion
of smaller urban area or a transitional area into a
panchayat area and amalgamation and contains only
4 sections.
10. Section 114 is the interpretation clause defining
certain expressions used in the Chapter. Section 115
of Chapter VI of the 1993 Act deals with the effect of
conversion of smaller urban area or transitional area
into a panchayat area, which would result in the
dissolution of the Municipal Council and the deemed
constitution of an interim Panchayat. Section 116
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provides for the term of the members of the interim
panchayat.
11. Section 117 of the 1993 Act deals with effect of
amalgamation of panchayat areas and basically
states that when two or more contiguous panchayat
areas are amalgamated and declared to be a
panchayat area, by issuance of a notification under
Section 4, the Gram Panchayats of such local area
would cease to exist and all the members of such
Gram Panchayats would vacate office.
12. At the same time, for the amalgamated panchayats
area, an interim gram panchayat would stand
constituted and the Deputy Commissioner is required
to nominate members who shall as far as practicable
be members of the erstwhile dissolved Gram
Panchayats.
13. The intent behind Section 117 is rather clear. It is to
ensure that whenever two panchayats are
amalgamated, the panchayats which existed prior to
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amalgamation should stand dissolved and an interim
gram panchayats should come into existence
automatically and the Deputy Commissioner would
be required to nominate members, who happened to
be the members of earlier panchayats, to be the
members of the interim gram panchayat.
14. Section 117 of the 1993 Act is, in essence, a
transitory provision, which deals with a situation
whenever two or more panchayath areas are merged
or amalgamated, which, in turn, results in disruption
of discharge of obligations conferred upon the
erstwhile panchayats. Section 117 basically ensures
continuity of a panchayath to ensure the residents
are not affected and for this purpose the members of
the erstwhile panchayath areas are required to be
nominated by the Deputy Commissioner to ensure
that there is no disruption and there is indeed a
continuity.
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15. While Section 117 deals with amalgamation, Section
118 of the 1993 Act deals with consequences of
dividing of a panchayat area.
16. For the purpose of these writ petitions, Section
118(1)(a) & (b) and the proviso to it would be
necessary and are reproduced as under:
“118. Effect of division of Panchayat area.- When
during the term of office of the members of a Grama
Panchayat any local area comprised within the limits
of a panchayat area ceases to be a panchayat area,
and is declared as constituting two or more new
panchayat areas by virtue of notification under
Section 4, not withstanding anything contained in this
Act, with effect from the date on which such
notification is issued (hereinafter in this section
referred to as the specified date) the following
consequences shall ensue, namely.-
(a) The Grama Panchayat constituted in respect of
such local area (hereinafter referred to as the
existing Grama Panchayat) shall cease to exist
and all the members of such Grama Panchayat
shall vacate office;
(b) There shall be constituted for the new panchayat
areas, Grama Panchayats (hereinafter in this
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section referred to as interim Grama Panchayats)
consisting of members nominated by the Deputy
Commissioner and such members shall as far as
may be practicable be persons who are the
members of the existing Grama Panchayat:
Provided that if as on the specified date there
were no elected members in the existing Grama
Panchayat the Deputy Commissioner may by
order appoint such person (hereinafter referred to
as the Administrator) to exercise all powers and
perform all duties of the Grama Panchayat, for
such period but not exceeding six months as he
may specify;”
17. As could be seen from the above provision, it is only
if a panchayat area is divided into two or more
panchayat areas, by virtue of issuance of a
notification under Section 4, will Section 118 of the
1993 Act be attracted. If a panchayat area is not
divided, then Section 118 will have no application.
18. A panchayath area has been defined as an area
declared to be a panchayath area under Section 4 of
the 1993 Act. Section 4 states that any area
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comprising of a village or a group of villages which
have a population of less than five thousand and not
more than seven thousand can be declared to be a
panchayath area after following the procedure
prescribed therein. Thus, a panchayath area would
be an area comprising of ‘a village or a group of
villages’ and would be declared depending upon the
population of the village or group of villages.
19. In order to attract a division of a panchayath area as
envisaged under Section 118 of the 1993 Act, it is
necessary that an entire village or a group of villages
should be taken out of the jurisdiction of an existing
panchayath. Given the fact that the formation of a
panchayath area is dependent on the number of
residents of the area, it is obvious that the taking out
of a village or a group of villages, would definitely
and invariably result in the reduction of the total
number of residents and thereby reduce the number
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of residents that are required to be available for the
existence of a panchayath.
20. It must be kept in mind that the population
necessary for the existence of a panchayath is not
large and should be in the range of 5000 to 7000,
the exclusion of an existing village would drastically
reduce the population and thereby infringe upon the
population criteria prescribed under Section 4 of the
1993 Act.
21. In this case, as could be seen from the notification
produced by the petitioner in W.P.No.30978/2024 at
Annexure-A, it is clear that Guddehosur Gram
Panchayat continues to exist and there is neither a
division of its panchayat area into two or more
panchayat areas. All that has been done under the
notification is that a portion of Madapatna village,
comprising of certain specified survey numbers,
which were a part of Guddehosur Gram Panchayat
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have been brought within the municipal control of
Kushalnagar Municipal Council.
22. Since only a certain specified survey numbers of the
Madapatna village have been excluded from the
purview of the Guddehosur Gram Panchayath and
are brought within the jurisdiction of Kushalnagar
Municipal Council, it is clear that the number of
residents who are necessary and are required to
comprise a panchayath area has neither been
affected nor has it been reduced and the number of
people residing in the panchayat area continues to be
to same as before.
23. It is therefore clear that Guddehosur Gram
Panchayat continues to exist with the same number
of villages and there was neither a division of a
panchayat area, nor was there an amalgamation of
two or more panchayat areas. Consequently, the
argument of the petitioner that there is a division of
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Guddehosur Gram Panchayat is wholly without any
substance.
24. In this regard a reference to Section 302 of the 1993
Act1 would also be necessary, since it would throw
light on the provisions relating the consequences of a
panchayath area coming within a larger or a smaller
urban area. This section states that, during the term
of the office of a member of a panchayath, if a whole
area comprised in a territorial constituency
represented by such member, is included in a larger
urban area or a smaller urban or even a transitional
area, then, two consequences would ensue,
notwithstanding whatever was stated in the Act.
1
Consequences of absorption of part of a panchayat area or on an area within the
limits of the district or Taluk into a larger urban area etc.- (1) If during the term of
office of a member of a Grama Panchayat or Taluk Panchayat or Zilla Panchayat, any
area within the limits of a panchayat area, Taluk or district being a whole area
comprised in a territorial constituency represented by such member is included in,
any larger urban area, smaller urban area or transitional area or if such area within
the limits of a panchayat area of Taluk is converted into a smaller urban area or
transitional area (hereinafter referred to as other local area) notwithstanding
anything contrary contained in this Act, or any other law for the time being in force,
the following consequences shall ensue with effect from the date of such inclusion, or
conversion namely:- 1. 302 and 302A Substituted by Act 10 of 1997 w.e.f. 14.8.1997.
(a) such members shall cease to be a member of the Zilla Panchayat or Taluk
Panchayat or Grama Panchayat, and the total number of elected members of such
Zilla Panchayat or Taluk Panchayat or Grama Panchayat as the case may be, as
determined already shall stand reduced accordingly
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25. The first effect is described under sub-section (a),
which would only be relevant to this case, and it
states that such members shall cease to be members
of the panchayath and the strength of the
panchayath itself would stand reduced to that extent.
26. It is thus clear that for a membership of a
panchayath to cease, the whole of the area
comprised in a territorial constituency represented by
a member is required to be included in the urban
area. This is obviously because if the entire area,
which he represented and was elected to represent,
stands transferred into an urban area constituted
under the 1964 Act, the question of him representing
that constituency would stand extinguished. The
concept of a local self government, primarily, is
based on the fact that representation of a
constituency should be by a person, who is elected
by its constituents. If the constituency whom he
represents is itself no longer a part of the local self
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government, there would be no need of his
representation in the local self government because
that local self government would not be governing
the area which he represented.
27. In this regard, a reference may also be made to the
provisions of the Karnataka Municipalities 1964 Act,
especially the provisions of Chapter XV and XVI of
the 1964 Act, which deals with Town Panchayath and
provisions for conversion of panchayath area into a
smaller urban area and for amalgamation and
division of smaller urban areas, to understand the
legal effect and the context of a panchayath area
coming within a transitional area or a smaller urban
area.
28. These provisions depict the manner in which a
panchayath area or a portion of the panchayath area
could evolve into a transitional area (which is
deemed to be a municipal area for which a Town
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Panchayath is to be constituted) or into a smaller
urban area.
29. In this case, we are concerned with the constitution
of a City Municipal Council i.e., a specified smaller
urban area whose population is less than 50,000 and
which is deemed to be a municipal area by virtue of
Section 3 (1) of the 1964 Act and as a consequence,
the examination of Sections 357 and 359 of the 1964
Act would be necessary.
30. Section 357 of the 1964 Act deals with a situation
when any local area ceases to be a panchayath area,
by virtue of a notification issued under Section 4 of
the 1993 Act, and is declared to be a smaller urban
area under Section 3 of the 1964 Act and the
consequences that would ensue, as a result.
31. Section 359 of the 1964 Act deals with absorption of
a panchayath area into a smaller urban area, by the
reason of a local area ceasing to be a panchayat area
by virtue of Section 4 of the 1993 Act.
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32. Section 357 (a) and (b)2of the 1964 Act declares that
on a local area ceasing to be a panchayath area, the
Gram Panchayath of the area shall cease to exist or
function and an Interim Municipal Council shall be
constituted which shall comprise of the members of
the Gram Panchayath which has ceased to exist and
the Adhyakhsa and the Upadhyaksha shall be the
President and Vice President of this Interim Municipal
Council. The other sub-sections of Section 357 of the
1964 Act may not be relevant for this case and are
hence eschewed from consideration.
33. Section 359 of the 1964 Act narrates the
consequences of the absorption of the erstwhile
2
357. Effect of conversion of 1[Panchayat area into smaller urban area]1.–When
any local area ceases to be 1[a Panchayat area by virtue of a notification under
section 4 of the Karnataka Panchayat Raj Act, 1993]1, and is declared to be 1
[smaller urban area] 1 under section 3 of this Act (hereinafter in this section referred
to as the 1[smaller urban area]1 ) with effect from the day on which such local area
is declared to be a 1 [smaller urban area]1 (hereinafter in this section referred to as
the said date), the following consequences shall ensue, namely:–1. Substituted by Act 36 of
1994 w.e.f. 1.6.1994.
(a) 2[the 1[Grama Panchayat] 1 of such local area]2 (herein referred to as the
panchayat) shall cease to exist or to function; 1. Substituted by Act 36 of 1994
w.e.f. 1.6.1994. 2. Substituted by Act 33 of 1986 w.e.f. 7.10.1986.
(b) there shall be constituted for the 1[smaller urban area]1 an interim municipal
council consisting of persons vacating office as members of the 1[Grama Panchayat
and the Adhyaksha and Upadhyaksha of the Grama Panchayat]1 shall, respectively,
be deemed to be the president and vice-president of the interim municipal council;
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panchayath area, and the first consequence would be
that the unexpended fund of the Gram Panchayath
and its property would vest in the Municipal Council.
34. In both these provisions, it is to be noticed that the
consequence of a Gram Panchayath ceasing to exist
or being unable to function would occur only when
the entire panchayath area ceases to exist and
statutorily becomes an Interim Municipal Council.
35. Section 360 of the 1964 Act deals with a situation
when only a part of the panchayath area is absorbed
into a smaller urban area and the same reads as
follows:
“360-Effect of absorption of a part of a
1[panchayat area into asmaller urban
area]1.–If any part of an area within the limits of
a 1[Grama Panchayat is included in a smaller urban
area]1, then, notwithstanding anything contained
in this Act or in the 1[Karnataka Panchayat Raj Act,
1993]1, but subject to the provisions of sub-section
(3) of Section 4 of this Act, the following
consequences shall ensue, namely:– 1. Substituted by
Act 36 of 1994 w.e.f. 1.6.1994.
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(a) so much of the 1[Grama Panchayat Fund and
other property vesting in the Grama Panchayat]1
shall be transferred to the Municipal Fund as the
Deputy Commissioner may, by order in writing,
direct;
1. substituted by Act 36 of 1994 w.e.f. 1.6.1964
(b) the rights and liabilities of the 1[Grama
Panchayat]1 in respect of civil and criminal
proceedings, contracts, and other matters or things
(including arrears of taxes, fees and cess) arising in
or relating to any part of the area included in the
1[smaller urban area]1 shall vest in the municipal
council; and such rights and liabilities may be
enforced by or against the municipal council under
this Act or the rules, bye-laws and orders made
thereunder; 1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
(c) such officers and servants of the 1 [Grama
Panchayat] 1 shall be transferred to the municipal
council as the Government, by order, direct;
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
(d) if the area included is an area in which not less
than one thousand persons reside, until the
reconstitution of the municipal council in
accordance with the provisions of this Act, one
person ordinarily resident in such area who is
nominated by the Government shall be an
additional councilor of the municipal council.”
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36. As could be seen from the above, when only a part of
the panchayath area is absorbed into a smaller urban
area, the Gram Panchayath does not cease to exist
or function as has been provided under Section 357
of the 1964 Act and the Gram Panchayath which has
lost a portion of its area to a smaller urban area
continues to exist. All that would happen in such a
case, is that the following four events would occur.
37. Firstly, a part of the funds of the Gram Panchayath,
as determined by the Deputy Commissioner would be
transferred to the Municipal Fund.
38. Secondly, the rights and liabilities that the Gram
Panchayath had over that area would vest in the
Municipal Council and could be enforced by the
Municipal Council.
39. Thirdly, such officers and employees, as directed by
the Government would be transferred to the
Municipal Council and
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40. Fourthly, if the area transferred to the Municipal
Council has less than a thousand residents, one of
them would be nominated by the Government to be
an additional Councilor of the Municipal Council is
reconstituted.
41. What is strikingly apparent in Section 360 of 1964
Act is that the existence or the continuance of the
erstwhile Gram Panchayath which has lost a part of
its area to be a part of a smaller urban area is
unaffected, as compared to the Gram Panchayath
ceasing to exist when the entire Panchayath area
becomes a part of a smaller urban area.
42. All that happens to the Gram Panchayath which has a
reduced area is that it would lose some portion of its
funds as may be decided by the Deputy
Commissioner and it may lose some employees to
the Municipal Council as may be determined by the
Government. In all other aspects, the Gram
Panchayath continues to exist and is required to
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continue to be the local self government for the
remaining area.
43. It is therefore crystal clear that on a portion of a
panchayath area being absorbed into a smaller urban
area such as a City Municipal Council, the Gram
Panchayath would continue to subsist and its
members are not in any way affected.
44. In this case, only a part of a village or a few specified
survey numbers in a village are included in the
smaller urban area, i.e., only a portion of the
panchayath area is lost and, as explained above, the
question of Gram Panchayat ceasing to exist would
not arise and the Gram Panchayath would continue
to exist and would be required to be local self
government for the remaining area, which continues
to be the panchayath area.
45. It must be borne in mind that the underlying
principle of laws relating to local self government is
the constitution of an appropriate body, which is
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WP No. 1909 of 2025
C/W WP No. 30978 of 2024
dependent on the size of population of the area. In
rural areas, there would be a three tier bodies
comprising of the Gram, Taluka and the Zilla
Panchayath. As the rural areas get closer to an urban
area or in other words, when the urban area
expands, there is a resultant increase in the
population of the areas, which results in the
formation of an appropriate municipal body under the
municipal laws, which is again dependent on the
population of the urban area.
46. The law has kept in mind the inevitability of this
transition with the passage of time and made
provisions which clearly spell out the consequences
and the effect of such transition and it has explicitly
made clear in which case, the local self government
would cease to exist and in which cases, they would
continue to exist.
47. In the instant case, since admittedly only a few
survey numbers of Madapatna village had been
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WP No. 1909 of 2025
C/W WP No. 30978 of 2024
included in the Kushalanagara Municipal Council, it is
clear that only a part of the panchayath area is
brought within the jurisdiction of the Kushalnagar
Municipal Council and therefore, the question of
Guddehosur Gram Panchayat ceasing to exist by
virtue of Section 360 of the 1964 Act would also not
arise.
48. It would also have to be borne in mind that in the
present case, the petitioner – Rukmini in
W.P.No.1909/2025 is essentially trying to get over
the fact that she was removed as the Adhyaksha for
want of confidence of the members of Guddehosur
Gram Panchayat and her challenge to the proposal to
move the No-Confidence motion was also
unsuccessful. It is obvious that she desires to
obstruct the handing over of her functions to
Upadhyaksha and wants the very panchayath to
which she is a member should be dissolved, which
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WP No. 1909 of 2025
C/W WP No. 30978 of 2024
would also result in the members who removed her
to also vacate their offices.
49. The petitioner in W.P.No.30978/2024 is basically a
supporter of Rukmini and is openly supporting her
inasmuch as the third prayer is to declare that No-
Confidence motion that has been initiated against
Rukmini was illegal and non-est. It is therefore clear
that the petitioners have filed these petitions with
ulterior motives and are not bona fide.
50. In my view, in light of this clear intention of the
petitioners, it is obvious that they have filed these
writ petitions for extraneous reasons and mainly to
get back at the members of panchayath who ensured
the removal of Rukmini as the Adhyaksha. I am
therefore of the view that there is no justification to
entertain their petitions and it is also apparent from
the reasons stated above that there is absolutely no
merit in any of the legal contentions advanced in
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WP No. 1909 of 2025
C/W WP No. 30978 of 2024
these writ petitions and the same are liable to be
dismissed and are accordingly dismissed.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PKS
List No.: 1 Sl No.: 102
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