MAHESH D. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Venkatesh Somareddi, learned counsel for the petitioner, Sri K.R. Nityananda, learned Additional Government Advocate for respondents 1 and 2, Sri Ashok Nayak, learned counsel for 3rd respondent and Sri Siddanooru Vishwanatha, learned Advocate for proposed respondents 4 to 10 in I.A.No.1/2023.

(2.) Learned counsel for the petitioner submits that petitioner is before this Court challenging the notice of no confidence (Annexure-E) dtd. 10/1/2023 wherein no confidence meeting is convened on 27/1/2023, on the ground that impugned notice is violative of Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short 'the 1994 Rules').

(3.) Learned counsel for the petitioner would submit that notice of no confidence (Annexure-D) dtd. 16/12/2022 was issued under Sec. 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short 'the 1993 Act') and Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj Act (Motion of No Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994, (for short 'the 1994 Rules') fixing the date of meeting as on 10/1/2023. In the meanwhile, the said notice was subject matter of writ petition in W.P.No.372/2023 and there was no interim order of stay of the said no confidence notice. Writ petition No.372/2023 was dismissed as withdrawn by order dtd. 10/1/2023. The 2nd respondent failed to conduct the no confidence meeting on the said date i.e., 10/1/2023.