CHAMBANNA Vs. CHIEF OFFICER, TOWN MUN. COUNSEL, NARGUND

JUDGEMENT

(1.) In this writ petition under Art. 226 of the Constitution, the petitioner has challenged the validity of the notice dated 29-2-1980 issued by the Chief Officer, Town Municipal Council Nargund, calling for the Special General Meeting of the Town Municipal Council on 6th March, 1980 for consideration of the 'No confidence motion' against the President an, Vice-President of the Town Municipal Council, Nargund.

(2.) Sri Vijayashankar, the learned Counsel appearing for the petitioner, submitted that though the notice as required under sub-section (2) of S. R. 8 47 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as 'the Act'), was given to the petitioner for moving 'No confidence motion', since that notice was a composite notice, no action could be taken; therefore, the President informed the Councillors that the said notice was invalid, as such no meeting could be called. It was also further submitted that on the ground that the President did not call the meeting as required by Sec. 47(.1) of the Act, the required number of Councillors appear to have requested the Chief Officer to call a special general meeting to consider the resolutions expressing want of confidence in the President and Vice-President and in pursuance of that requisition, the Chief Officer has issued the meeting notice as per Annexure 'A' calling for a special general meeting of the Council on 6-3-1980.

(3.) Sri Vijayashankar, the learned Counsel for the petitioner, advanced the following contentions for consideration:-