CHANDRAKALA Vs. SECRETARY, DEPARTMENT OF REVENUE

JUDGEMENT

(1.) Shortly stated, the facts of the case are that, the petitioners are the Adhyaksha and Upadhyaksha of Makali Grama Panchayat (for short 'the Panchayat'). Respondents 5 to 11, the members of the Panchayat, having presented a Motion of No-Confidence on 02.01.2014, the 3rd respondent has given notice dated 13.01.2014 in Form-II under Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short 'the Rules'), fixing the meeting of the Panchayat on 29.01.2014 at 12.00 noon at the Panchayat Office. Petitioners having received the notice of the said meeting, filed these writ petitions on 24.01.2014, seeking to quash the said notice and for consequential reliefs.

(2.) Petitions having been classified as (GM-RES), learned Single Judge before whom the matter was listed on 27.01.2014 has directed the Registry to notice that the petitions are to be classified as Local Bodies (LB) and by doing the same, to list before the Court having roster for the subject.

(3.) On 28.01.2014, after noticing that the petitioners have filed W.P.Nos.3219-3220/2014, arising out of the same cause of action and for grant of the very same reliefs and there being suppression of material fact apart from misrepresentation, learned advocate for the petitioners was asked to first address the arguments on the question of maintainability of the petitions and with regard to the action to be taken on the question of abuse of process of Court. At the request of the petitioners' advocate, the case was adjourned to 29.01.2014.