Karnataka High Court
Smt Hemavathi S v. State of Karnataka
2026:KHC:33163 · WP/20039/2026
- Decision date
- 2026-07-03
- Text availability
- Full text
- Judges
- B M Shyam Prasad
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
- 1 - NC: 2026:KHC:33163 WP No. 20039 of 2026 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20039 OF 2026 (LB-RES) BETWEEN: SMT HEMAVATHI S W/O B.NAGARAJ, AGED ABOUT 48 YEARS PRESIDENT, NO.306, BASAVARAJAPPA STREET OPP PEOPLE TREEE BETTAHALSURU, BETTAHALSURU POST, YELAHANKA TALUK, BENGALURU-562157 Digitally …PETITIONER signed by VANAMALA (BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOVATE; N Location: SRI. ANANDA H.J, ADVOCATE)HIGH COURT OF KARNATAKA AND: 1. STATE OF KARNATAKA DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, BY ITS SECRETARY VIDHANA SOUDHA BANGALORE 560 001. - 2 - NC: 2026:KHC:33163 WP No. 20039 of 2026 HC-KAR 2. THE ASSISTANT COMMISSIONER BANGALORE NORTH TALUK, K.G.ROAD BANGALORE- 560009 3. BETTAHALASOORU GRAMA PANCHAYAT, REPRESENTED BY PANCHAYATH DEVELOPMENT OFFICER BETTAHALASURU GRAM PANCHAYATH BETTAHALASOORU POST, YELAHANKA TALUK, BENGALURU-562157. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES IN NO. ELN.CR.06/2026-27 DTD 17.06.2026 ISSUED BY R2 VIDE ANNX-D AND D1.GRANT AN ITNERIM ORDER TO STAY NOTICE IN NO. ELN.CR/06/2026-27 DATED 17.06.2026 ISSUED BY R2 VIDE ANNX-D AND D1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - NC: 2026:KHC:33163 WP No. 20039 of 2026 HC-KAR ORAL ORDER The petitioner is the elected president of Bettahalasooru Grama Panchayat [the third respondent], and the petitioner is aggrieved by the notice dated 17.06.2026 issued by the jurisdictional Assistant Commissioner to convene a "No Confidence Motion Meeting" on 06.07.2026 at 11.00 a.m. Mr. Jayakumar S. Patil, the learned Senior counsel for the petitioner, submits that the petitioner's grievance must be considered in the light of the facts such as that [a] the notice is issued based on an application filed by 21 members out of 26 members but about 11 members have a filed a representation subsequently stating that they support the petitioner and [b] out of 11 members, 6 are those who have joined the request for "No Confidence Motion" and they have stated that they did not support the motion and the documents signed for - 4 - NC: 2026:KHC:33163 WP No. 20039 of 2026 HC-KAR certain purposes are being used to project their support for the motion.
Mr. Bopanna Belliappa, the learned Additional Government Advocate who accepts notice for the first and second respondents, are heard on whether there must be interference on this ground to stall the meeting. This Court must opine that if the petitioner draws support from the circumstances that are post the request for No Confidence Motion, the meeting must go on. However, the jurisdictional Assistant Commissioner, who will have to chair the meeting as required under the Rules, must ensure that the "No Confidence Motion" is put to vote in a free and fair manner without room for any allegation. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RB