SOMASEKHAR Vs. ASSISTANT COMMISSIONER KOPPAL SUB DIVISION

JUDGEMENT

(1.) PETITIONERS claim to be Adhyaksha and Upadhyaksha of Bevoor Grama Panchayat, Yelburga taluk, Koppal District. Petitioners are weary of facing a no-confidence motion for the purpose of consideration of which a meeting is fixed in terms of a notice dated 17-8-2004, issued to the members of the Panchayat by the Assistant Commissioner apprising them that such a meeting will be held on 9-9-2004.

(2.) IT is the legality of this notice that is questioned in this writ petition inter alia on the ground that the notice is not valid in law; that the requisite procedure prescribed under Sub-rule (2) of rule 3 of the Karnataka Panchayat Raj (Motion of no-confidence against Adhyaksha and upadhyaksha of Grama Panchayat) Rules, 1994 have not been followed or complied with and a meeting fixed in pursuance of such an invalid notice cannot be held to be tenable or a valid meeting and as such unless the meeting is one that follows a valid notice, it should not be permitted to proceed with for consideration of no-confidence motion etc.

(3.) SRI Praveen Kumar Raikote, learned Counsel for the petitioners submits that the requisite number of members to call for such a meeting in reality have not signed; that the requisition notice of the meeting is actually forged; that some of the members have in fact also been abducted and are not available to attend the meeting, that the atmosphere is not conducive for holding a meeting. In such circumstances, the notice dated 17-8-2004 should be quashed and the assistant Commissioner directed to proceed in accordance with law etc.