ASHOK Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) THIS writ petition raises a short but interesting question as to when can it be said that a No Confidence Motion moved in terms of the provisions of Section 49 of the Karnataka Panchayatraj Act, 1993 [for short, the Act], expressing no-confidence in the post of a President of the Panchayat can be said to be carried by two-third of the total Membership of the Panchayat supporting it in a situation where there are certain vacancies in the Membership of the composition of the Panchayat; vacancies casual in nature and due to either resignation or death or like reasons.

(2.) THE questions as to whether the number to constitute two-third majority should be computed on the basis of the total number of Members that constitute the Panchayat at that time and are available or should the expression total number of members of the Panchayat include even such number of Members in respect of whom causal vacancies have arisen and have ceased to be Members of the Panchayat.

(3.) THE facts leading to the above petition are quite brief and are undisputed.