RAMASWAMY ANGADI Vs. THE ASSISTANT COMMISSIONER, MADHUGIRI SUB

JUDGEMENT

(1.) In this writ petition, petitioner is challenging the notice dated 17-1 2009 issued by respondent 1-Assistant Commissioner, Madhugiri Sub- Division, Madhugiri, convening the meeting of the members of the Grama Panchayat on 5-12-2009 for the purpose of discussing the no- confidence motion requisitioned by the members.

(2.) Petitioner is the Adhyaksha of the Gondihalli Grama Panchayat elected on 19-9-2007. ⅔rd members of the Grama Panchayat moved a no-confidence motion against the petitioner by giving a written notice of their intention to the Assistant Commissioner. On the basis of the said requisition, respondent 1 issued the impugned notice dated 17-11-2009 convening the meeting of the members of the Grama Panchayat on 5-12-2009 to consider the no-confidence motion moved against the petitioner. It is alleged that the said notice was dispatched by registered post on 19-11-2009 and was served on the petitioner on 21-11-2009. Copy of the postal cover received by the petitioner under registered post is produced along with the writ petition as Annexure-El. At this stage, petitioner approached this Court challenging the notice contending inter alia that as per the provisions of Sec. 49 of the Karnataka Panchayat Raj Act, 1993 read with the Karnataka Panchayat Raj (Motion of No- Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (hereinafter referred to as 'the Rules', for short), the Assistant Commissioner was required to give to all the members, notice of not less than 15 clear days of such meeting as per Rule 3(2) of the Rules. According to the petitioner, excluding the day on which the notice was dispatched and the day on which the notice was received by the petitioner, petitioner had only 14 clear days notice which fell short by one day and therefore, the meeting fixed by the Assistant Commissioner on 5-12-2009 was illegal and contrary to the provisions.

(3.) This Court, at the time when the matter was posted for preliminary hearing, did not grant any interim order staying the meeting to be held on 5-12-2009. It has, however, passed an order making it clear that the result of the meeting to be held on 15-12-2009 (ought to have been 5-12-2009) in subject to the result in this writ petition. It is not in dispute that the meeting dated 5-12-2009 has in fact taken place and the members of the Grama Panchayat have expressed their no confidence in the petitioner resulting in his removal from the post. It is also not in dispute that a new Adhyaksha has been elected by the members of the Grama Panchayat who is functioning as such.