MEGHA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Assailing the correctness or otherwise of the 'No Confidence motion' notices moved against the Adhyaksha and Upadhyaksha, both dated 2nd September, 2011 issued to petitioners 1 and 2, by second respondent vide Annexures A and B, petitioners have presented this writ petition. The facts in brief are that, the first petitioner is the Adhyaksha, second petitioner is the Upadhyaksha and petitioners 3 to 6 are the members of the Town Municipal Council, Aland, Gulbarga District. They have called in question the impugned notices, issued to petitioners 1 and 2, calling for special general body meeting on 6th September, 2011 at 11:00 a.m. for moving 'No Confidence motion' against them.

(2.) I have heard learned counsel appearing for petitioners and perused the entire material available on file.

(3.) It is the specific contention of the learned counsel appearing for petitioners that the impugned notices issued are contrary to the relevant provisions of the Karnataka Municipalities Act for the reason that only three days' clear notice is issued, including Saturday and Sunday, when in fact, sub-section (9) of Section 42 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as 'the Act' for short) stipulates for at least ten days' clear notice of the intention to move the resolution. Therefore, he submits that the 'No confidence motion' moved against the Adhyaksha and Upadhyaksha is liable to be set aside for violating the mandatory provisions of the Act.