LAWS(KAR)-2012-6-356

VISHWANATHA V.G. S/O V. GURAPPA REDDY Vs. THE STATE OF KARNATAKA PANCHAYATH RAJ AND RURAL DEVELOPMENT M S BUILDING, AMBEDKAR VEEDHI REP BY THE PRINCIPAL SECRETARY M S BUILDING, BANGALORE, THE ASST. COMMISSIONER/RETAINING OFFICER KOLAR SUB DIVISI

Decided On June 01, 2012
Vishwanatha V.G. S/O V. Gurappa Reddy Appellant
V/S
State Of Karnataka Panchayath Raj And Rural Development M S Building, Ambedkar Veedhi Rep By The Principal Secretary M S Building, Bangalore, The Asst. Commissioner/Retaining Officer Kolar Sub Divisi Respondents

JUDGEMENT

(1.) SRI N.B. Vishwanath, the learned Additional Government Advocate is directed to take notice for the respondent Nos. 1 and 2. The petitioner, who is the President of Nangli Grama Panchayath, Mulbagal Taluk has called into question the no -confidence motion proposed against him.

(2.) SRI Narendra, the Learned Counsel appearing for Sri M.V. Chandrashekara Reddy, for the petitioner submits that the no -confidence motion against the petitioner was defeated and that for the second time similar proceedings are initiated within one year. He also submits that the present motion is not supported by two -thirds of the members of the Grama. Panchayath.

(3.) IT is also beneficial to refer to this Court's decision in the case of Smt. Sathyavathi J.M. v. The Assistant Commissioner, Tumkur Sub -Division, Tumkur and Another, reported in 2010 (3) KU 278, wherein it is held that a person holding the office of Adhyaksha has no locus standi to challenge the notice; the notice is only a part of the procedure prescribed for effectuating the right to remove the Adhyaksha from the office by passing the no -confidence motion.