T.RENUKA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioner, who is the Adhyaksha of Badaladku Grama Panchayat, Kudligi Taluk, Vijaynagar District, is aggrieved by the impugned Meeting Notice dtd. 8/7/2022 issued by respondent No.1-Assistant Commissioner, Hosapete, Vijaynagar District, scheduling a meeting on 21/7/2022 to consider the motion of no- confidence moved by the members of the Gram Panchayat.

(2.) Learned Counsel for the petitioner had submitted that since the meeting is scheduled to be held on 21/7/2022 and the meeting notice dtd. 8/7/2022 was served on the petitioner on 8/7/2022, nevertheless there would be short fall of the mandatory requirement of 15 days clear notice.

(3.) The learned Additional Government Advocate has furnished the original records and on going through the original records it is clear that the meeting notice dtd. 8/7/2022 was served on the petitioner on 8/7/2022. Having regard to the provisions contained in sub-rule (2) of Rule 3 of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Gram Panchayath ) Rules, 1994, this Court finds that there would be shortage of two days in compliance of 15 clear days notice. However, 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?.