B VENKATARAMIAH Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) This petition is directed against the order of the Divisional Commissioner dated 7-12-1982 passed in VPC Appeal 24 of 1982-83. The facts leading to that order may be briefly stated as follows:The petitioner herein was the Chairman of the Village Panchayat of Pothaganahally -respondent 3 herein. The Vice-Chairman of the said Panchayat supported by 9 other members issued notice of their intention to move a "no confidence" motion against the Chairman on 6-4-1981. They sent the notices to: (1) the Chairman, the present petitioner in this Court, (2) the Secretary of the Panchayat and (3) the Chief Executive Officer of the Taluk Board. All the notices were received on 9-4-1981 by the respective addressees (this fact is not disputed before me by the leaned Counsel appearing for, The petitioner). There after, no meeting was called by the Chairman in accordance with Rule 5 of the No-Confidence Motion Against Chairman or Vice-Chairman of Panchayat (Procedure) Rules, 1951. In accordance with the provisions made in sub-section (1) of Section 32 of the Karnataka Village Panchayat and Local Boards Act (hereinafter referred to as the Act the Chief Executive Officer called the meeting on 22-5-1981 and at that meeting the confidence motion was carried and the petitioner, who was the Chairman, was removed from the Office. He appealed to the Assistant Commissioner against such removal under the provisions of the Act. The Assistant Commissioner rejected the appeal. Thereafter, a revision petition was filed before the Divisional Commissioner which also came to be dismissed holding that the meeting held at which the no-confidence motion was passed against the petitioner who at the relevant time, was the Chairman, was legal and proper. Aggrieved by the same the present petition is filed.

(2.) The only two arguments advanced before me by the learned counsel for the petitioner are as follows:

(3.) In my view, both the contentions are liable to be rejected for the following reasons and they are:No- Confidence Motion Against Chairman or Vice-Chairman of a Panchayat (Procedure Rules 1951, Rule 2 thereof provides for the manner in which the notice of no confidence motion should be served on the Secretary. Similarly, Rule 5 provides that the Secretary on receipt of such notice should immediately deliver a copy of such notice to the Chairman as well as the Vice-Chairman of the Panchayat. Thin, Rule 5 provides for the Chairman - convening a special meeting for the purpose of considering the no-confidence motion.