HANAMAVVA Vs. ASSISTANT COMMISSIONER BAGALKOT

JUDGEMENT

(1.) A learned Single Judge while considering a challenge to a notice issued by the Assistant Commissioner under the Karnataka Grama Swaraj and Panchayath Raj Act, 1993 (henceforth referred as Act of 1993) and Karnataka Panchayath Raj (No confidence motion against Adyaksha and Upadhyaksha) Rules, 1994 (henceforth referred as Rules of 1994) entertained a doubt about the correctness of the Judgment of another co-ordinate Bench in Parvathi vs The Assistant Commissioner, Haveri Sub-Division, Haveri and others reported in ILR 1997 Kar 3230, where it was held that the Assistant Commissioner, need not wait for ten days after receiving the notice from the members of a panchayath expressing lack of confidence in an Adhyaksha or Upadhyaksha and he may convene a meeting before the expiry of 10 days from the date of he receiving the notice from the members.

(2.) We heard the learned counsel for the parties on the reference. III. Arguments advanced by the learned counsel for the petitioner

(3.) In support of the reference, the learned counsel for the petitioner, Sri Anand R. Kolli, submitted that first proviso to Sec. 49(1) of the Act has to be read independently without reference to the Rules framed under Sec. 49(1) of the Act. He further contended that as per proviso to Sec. 49(1) of the Act, one-half of total number of members of the Gram Panchayat has to give at least ten days notice of their intention to move resolution of 'no-confidence motion'. But the proviso is silent as to whom the notice should be submitted. Hence, Sec. 52 of the Act has to be read along with Sec. 49 of the Act. As per Sec. 52 of the Act, notice has to be submitted to the Adhyaksha. If Adhyaksha does not resign within ten days of notice, then as per Rule 3 of the Rules, one half of the members has to submit representation to the Assistant Commissioner in Form No.1, as prescribed under Rule 3(1) of the Rules. Thereafter, the Assistant Commissioner has to issue notice under Rule 3(2) of the Rules. He further contended that even in respect of Taluk Panchayat, as per Ss. 140 and 141, notice has to be submitted to the Adhyaksha. Even with regard to Zilla Panchayat, as per Ss. 179 and 180 of the Act, notice has to be submitted to the Adhyaksha. Therefore, he contended that notice of 'no-confidence motion' by one-half of the members of the Gram Panchayat as per the proviso has to be submitted to the Adhyaksha of the Gram Panchayat and not to the Assistant Commissioner.