JAYAMMA Vs. REGIONAL COMMISSIONER, BENGALURU REGION

JUDGEMENT

(1.) The petitioner who is the elected Adhayksha of Bangalore Rural Zilla Panchayat has called in question the meeting notice dated 14.10.2020 issued by the first respondent-Regional Commissioner, convening the meeting for consideration of the 'Motion of No-Confidence' against the petitioner on 27.10.2020. The petitioner has also sought a declaration that Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Zilla Panchayat) Rules, 2020, (hereinafter referred to as the Rules, 2020 for short) are ultra vires and inconsistent with Section 180 of the Karnataka Gram Swaraj and Panchayat Raj, Act, 1993. A declaration is also sought that the amendment added to the first proviso to sub-section (3) of Section 179 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as the Act, 1993 for short) is prospective in nature and the said provision has no application in interfering with the vested right of the petitioner as available prior to the amendment. A consequential declaration is also sought that respondents No.3 to 18 who are members of the Zilla Panchayat have no authority to move or tender a proposal of 'Motion of No Confidence' against the petitioner unless the petitioner completes thirty months in office from the date of her election as the Adyaksha of the Zilla Panchayat.

(2.) Learned Senior Counsel Sri Madhusudan R.Naik, appearing for the petitioner submits that the petitioner was elected as a Member of the Zilla Panchayat on 30.02.2016. Since the previous Adyaksha of the Zilla Panchayat, Sri V.Prasad, tendered his resignation to the office of the Adhyaksha, vacancy was notified by the Government in respect of the office of the Adhyaksha on 20.09.2018. In terms of sub-section (1) of Section 179 of the Act, 1993 on the Adhyaksha resigning from the office, the person succeeding to the office by filling up the casual vacancy shall hold office for the remainder of the period for which the Adhyaksha or the Upadhyaksha in whose place he or she has been elected would have held office if the vacancy had not occurred. It is submitted that sub-section (3) of Section 177 provides that the term of office of every Adhyaksha or Upadhyaksha shall be five years from the date of his or her election.

(3.) The learned Senior Counsel submits that by way of an Ordinance, amendment is brought to some of the provisions of the Act, 1993. The Ordinance was notified on 31.03.2020. In terms of the Ordinance, the words "subject to such rules as may be prescribed" have been inserted at the beginning of sub-section (3) of Section 179. In the first proviso to sub-section (3) of Section 179, the words "fifteen months" are substituted for the words "thirty months". Similarly in the second proviso, the words "six months" are substituted to the words "two years". Amendment is also brought to Section 180(6) empowering the Regional Commissioner or any other equivalent Officer authorized by the Government to preside over the meeting in which 'No- Confidence Motion' against the Adhyaksha or the Upadhyaksha is being considered.