T NAVALESH Vs. ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION

JUDGEMENT

(1.) In this writ petition, petitioner is calling in question the notice dated 9.12.2011 issued by the Assistant Commissioner, Ramanagara Sub Division, Ramanagara convening the meeting of the members of Vandaraguppe Grama Panchayat on 26.12.2011 at 11.00 a.m. for the purpose of considering the no-confidence motion against the petitioner. Petitioner is the Adhyaksha of Vandaraguppe Grama Panchayat. The impugned notice has been issued on 7.7.2011 convening the meeting on 28.7.2011 at 11.00 a.m. to consider the no-confidence motion against the petitioner. As there was no quorum, in terms of sub-rule (6) of Rule 3 of the Karnataka Panchayat Raj (Motion of No-Confidence Against Adhyaksha and Upadhyaksha of Grama Panchayat), Rules 1994, (for short, 'the Rules'), the meeting stood dissolved and the notice given under Sub-Rule (1) of Rule 3 of the Rules stood lapsed.

(2.) Thereafter, requisite number of members of the Grama Panchayath again requisitioned the Assistant Commissioner on 2.12.2011 to convene a meeting for the purpose of expressing no-confidence against the petitioner. Based on the said requisition, the Assistant Commissioner has issued the impugned notice dated 9.12.2011 (Annexure-D) fixing the meeting of the Grama Panchayat on 26.12.2011 at 11.00 a.m. for the purpose of considering the no-confidence motion against the petitioner.

(3.) The contention of the petitioner is that once a meeting having already taken place and the motion of no-confidence not being passed, by operation of the proviso to Section 49 of the Karnataka Panchayat Raj Act, 1993 (for short, 'the Act') a similar resolution in respect of the same Adhyaksha or Upadhayksha shall not be moved within one year from the date of the decision of the Grama Panchayat.