BHARATI Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioner, who is the Adhyaksha of Mudhol Grama Panchayat, Mudhol, Yalaburga Taluk, Koppal District, is aggrieved by the impugned meeting notice dtd. 9/6/2022 issued by respondent No.1-Assistant Commissioner, Koppal Sub-Division, scheduling a meeting on 24/6/2022 to consider the 'Motion of No-Confidence' moved by the members of the Gram Panchayat.

(2.) On 20/6/2022 after issuance of notice to the respondents, learned AGA was directed to secure original records including the notice sent to the members of the Gram Panchayat which contains the signatures of the respective members. In compliance of the directions issued by this Court learned AGA has furnished the original records pertaining to the notice served on the members of the respondent-Gram Panchayat, including that of the petitioner.

(3.) On going through the original records, it is found that the impugned meeting notice dtd. 9/6/2022 was served on the petitioner on 12/6/2022. Therefore, having regard to the mandatory provisions contained in sub-rule (2) of Rule 3 of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Grma Panchayath) Rules, 1994, it is clear that there is short fall of '15 clear days notice'. Further, in W.P.No.102077/ 2022, vide order dtd. 13/6/2022, this Court referred the question as to whether the latter part of the first proviso to sub-sec. (1) of Sec. 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, mandating at least 10 days notice is to be issued to the Adhyaksha of the Gram Panchayat or the Assistant Commissioner AND whether such notice is mandatory or directory in nature?.