SHAKUNTALA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) THIS Writ Petition is filed by the Adhyaksha of Salotagi Gram Panchayat in Indi taluk of bijapur District who is confronted with a no confidence motion moved by the requisite number of members of the Panchayat and in response to which the Assistant Commissioner has fixed a meeting for consideration of such motion on 16. 8. 2004, challenging the fixation of the meeting on the premise that it was not incumbent upon the Assistant Commissioner to have fixed such a meeting, that notice of this nature for fixing a meeting should have been issued by the adhyaksha herself, that having not been done, the meeting scheduled to be held on 16. 8. 2004 is not in accordance with law, that notice fixing the meeting is required to be quashed etc.

(2.) SRI Gachchinamath, learned Counsel appearing for the petitioner submits that the provision relating to fixation of a meeting in a Gram Panchayat is governed by Section 49 r/w Section 52 of the Karnataka Panchayatraj Act, that Sub-section 2 of Section 52 says that it is the Adhyaksha who can call for a special meeting, that it can be so convened either by the Adhyaksha herself or if so requisitioned by not less than 1/3rd of total number of members and in the instant case, requisite number of members having not called upon, the Adhyaksha to fix a special meeting, the meeting fixed by the Assistant Commissioner is not in conformity with Sub-section 2 of Section 52 and as such the notice is required to be quashed and further proceedings prevented.

(3.) LEARNED Government Pleader Sri H. B. Narayana, is directed to take notice on behalf of the first respondent and requested to assist the Court. Learned Government Pleader has brought to my notice not only the provisions of Section 49 but also Rule 3 of the Karnataka Panchayatraj (Motion of no Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994. Submission of the learned Government Pleader is that in terms of Section 49 which is the one which provides for moving of a motion of no confidence either against an Adhyaksha or upadhyaksha, the person holding the office vacates the post if the motion is supported by a majority of not less than 2/3rd of total number of members of the Gram Panchayat at a meeting specially convened for the purpose in accordance with the procedure as may be prescribed. A meeting for moving a no confidence motion is a special type of meeting convened for the specific purpose and such a meeting is required to be convened in accordance with the procedure as prescribed. The procedure is prescribed by Rule 3 for purpose of convening such a meeting. Rule 3 reads as under: