LAWS(KAR)-2022-6-455

MAHESH Vs. STATE OF KARNATAKA

Decided On June 21, 2022
MAHESH Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners, learned Additional Government Advocate for respondent nos.1, 3 & 4 and the learned Counsel appearing for respondent no.12.

(2.) The petitioners who are the President and Member of the Chandrabanda Gram Panchayath, Raichur Taluk, have filed the instant writ petition challenging the meeting notice dtd. 13/6/2022 issued by respondent no.4 - Assistant Commissioner under Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short, 'the Rules'), wherein the date of meeting for motion of no- confidence was fixed as 27/6/2022.

(3.) Learned Counsel appearing for respondent no.12 who had submitted her requisition before the Assistant Commissioner, based on which the impugned meeting notice was issued by the Assistant Commissioner, fairly submits that in the impugned notice, there is no clear 15 days notice given to the members, and therefore, the said notice may be quashed with liberty to the contesting private respondents/members to give a fresh requisition to the Assistant Commissioner and a direction may be issued to the Assistant Commissioner to proceed further in accordance with law as provided under Rule 3(2) of the Rules. Accordingly, the following order: