SAVITRI Vs. STATE OF KARANTAKA

JUDGEMENT

(1.) THIS appeal by writ petitioner in W. P. No. 29577 of 2003 is directed against the order dated 30-6-2003 passed by the learned Single Judge of this Court dismissing the writ petition.

(2.) THE essential facts of the case leading upto this appeal are as follows: the appellant filed the writ petition alleging that she is the President of the Town Pahchayat, Siddapur, Uttara Kannada District (hereinafter called as 'town Panchayat') arraigned as respondent 3 in the writ petition. It is stated that Town Panchayat comprises of 13 elected Councillors, 3 nominated members and Member of Parliament and Legislative assembly, totalling to 18. A requisition signed by 10 Councillors was submitted to move no confidence motion against the petitioner. The chief Officer did not issue notice to MP and MLA. Notices were issued to councillors and nominated members. In the meeting presided over by vice-President, no confidence motion against petitioner was passed by 10 Councillors voting in favour of the motion as per the proceedings of meeting Annexure-D, dated 23-6-2003. Being aggrieved by said resolution, the petitioner filed the writ petition before this Court contending that despite the request made by the petitioner no notice of meeting was issued to MLA and MP who have right to vote and the resolution was not supported by 2/3rd members present as according to the petitioner 2/3rd of total members would be 12 and even otherwise 2/3rd of 14 members would be 11 and wherefore, the resolution was not supported by requisite number of members and hence is liable to be quashed.

(3.) THE learned Single Judge by his order dated 30-6-2003 negatived the contentions of the petitioner and held that no confidence motion had been validly passed in accordance with law as it was supported by 2/3rd of Councillors present, as the motion was supported by 10 members out of 11 members present and there was no material to show that no notice was issued to MP and MLA apart from the statement of the petitioner and accordingly, dismissed the writ petition.