BISHTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel Sri H.M.Dharigond for the petitioner and Learned HCGP appearing for respondent Nos.1 and 2. Service of notice to respondent Nos.3 to 11 is dispensed.

(2.) This petition is filed by the petitioner/President of Grama Panchayat seeking to quash of the notice dtd. 26/5/2023 issued by the 2nd respondent-Assistant Commissioner, Bailhongal at Annexure-A. Election to the Kulavalli Grama Panchayat took place in the year 2021. Petitioner and respondent Nos.4 to 11 were elected as members of Kulavalli Grama Panchayat and thereafter a resolution was passed on 4/2/2021, wherein the petitioner was elected as Adhyaksha of Grama Panchayat, Kulavalli.

(3.) This being the state of affairs, respondent Nos.4 to 11, who are the members of Kulavalli Grama Panchayat moved a no confidence motion against the petitioner/ Adhyaksha under Sec. 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as 'the Act') before the 2nd respondent-Assistant Commissioner on 25/5/2023. In pursuance to the requisition made by the respondent Nos.4 to 11, the 2nd respondent issued notice dtd. 26/5/2023 in Form No.2 to the petitioner fixing the date of meeting as 14/6/2023 on the very next day respondent No.2 issued notice without waiting for 10 days as contemplated under proviso to Sec. 49(1) of the Act, has addressed respondent No.3 to calling upon him to serve a notice in Form No.2 to all the members including the petitioner.