KARIYA BOMMAGOUDA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) PETITIONER, had been elected as Upadhyaksha of Bankanal Grama Panchayat, Sirsi Taluk, U. K. District. It appears the requisite number of members of the Panchayat gave notice to the assistant Commissioner proposing to move the no-confidence motion against the petitioner. The assistant Commissioner in turn notified all the members a meeting scheduled for the said purpose, which was fixed on 21-2-2004 and to the misfortune of the petitioner the motion was carried as six members out of eight members, who constituted the Panchayat voted in support of the no-confidence motion. It is thereafter, the petitioner has approached this Court, feeling aggrieved about the manner in which the no-confidence proceedings were conducted against him.

(2.) SRI Hadimani, learned Counsel for the petitioner submits that the Assistant Commissioner has not followed the requisite procedure as contemplated under Section 49 of the Karnataka panchayat Raj Act, 1993 read with Rule 3 of the Karnataka Panchayat Raj (Motion of No confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994. It is the submission of the learned Counsel for the petitioner that all the members, who had been put on notice by the Assistant Commissioner had not been provided with an application of the no-confidence motion, which had been given by the members who sought for moving the matter. Learned Counsel submits that non-furnishing a copy of the application that had been submitted by the members moving the no-confidence motion, amounts to violation of Rule 3 of the Rules and as such the proceedings are vitiated. In support of his submission, learned Counsel has placed reliance on a decision of this Court rendered in Mallamma v. State of Karnataka and Ors. , 2002 (5) Kar. L. J. 254 : ILR 2002 Kar. 4253.

(3.) SECTION 49 of the Act provides for the motion of no-confidence against Adhyaksha or upadhyaksha of a Grama Panchayat. It is required to be passed by a majority of not less than 2/3rd of the total number of members of the Gram Panchayat at a meeting specially convened for the purpose for the motion to be carried.