MYTHRAMMA W/O. JAYAPPA Vs. THE ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION CHITRADURGA-577501 AND THE SECRETARY SIDDAPURA GRAMA PANCHAYATI SIDDAPURA POST CHITRADURGA TALUK AND DISTRICT

JUDGEMENT

(1.) PETITIONER has questioned the notice issued under Rule 3(2) of the Karnataka Panchayat Raj (Motion of No -confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short hereinafter referred to as the 'Act'), on the ground that the provisions of Rule 3(1) of the Rules are violated.

(2.) SRI Siddappa, learned advocate for the petitioner submits that there is nothing on record to show that the copy of proposed motion is handed over personally by two of the members (who have moved 'No Confidence Motion') and that the copy of Annexure -A was attached with the notice at Annexure -B at the time of service of notice on the petitioner by the Assistant Commissioner. The document at Annexure -A itself clearly reveals that one Mr. S. Bhimaraj (at Sl. No. 3) and Mr. D.S. Lokesh (at Sl. No. 16) in the list found in Annexure -A have personally presented 'No Confidence Motion' before the Assistant Commissioner on 13.10.2011. The question as to whether the copy of the 'No Confidence Motion' at Annexure -A was attached with the notice at Annexure -B is a pure disputed question of fact, which cannot be decided at this stage in this writ petition. However, this Court finds that there is a substantial compliance of Rule 3(1) and 3(2) of the Rules. 'No Confidence Motion' is moved by 11 members out of 16 members. In view of the same, no interference is called for. Accordingly, writ petition fails and the same stands dismissed.