T. RAJAKUMAR NAIK Vs. ASSISTANT COMMISSIONER, CHITRADURGA

JUDGEMENT

(1.) Respondent No.4 is a Grama Panchayat. It has 18 members. Petitioners were elected as members of the 4th respondent during May 2010. Smt. Thimmakka was elected as the President and Sri. Parameshwarappa K.E., was elected as Vice President of the 4th respondent Kanchipura Grama Panchayat on 29.06.2010. On 30.12.2013, 14 members of the Panchayat, including the petitioners, presented a notice before the 1st respondent, with an intention to move a Motion of No- Confidence against the President - Smt. Thimmakka. The 1st respondent gave notice 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 ), to the members of the Panchayat on 02.01.2014 fixing 20.01.2014 as the date for the meeting of the Panchayat to consider the Motion of No-Confidence.

(2.) A complaint lodged for the offences punishable under S.365 r/w 34 of IPC having been registered in Crime No.7/2014 and the FIR having been submitted to JMFC Court at Hosadurga, after sending a representation dated 17.01.2014 to the 1st respondent by RPAD seeking to adjourn the meeting of the Grama Panchayat scheduled to be held on 20.01.2014 i.e., to consider No-Confidence Motion, these writ petitions were filed on 18.01.2014, to direct the 1st respondent to consider the representation sent on 17.01.2014 and to direct him to adjourn the meeting of the Kanchipura Grama Panchayat scheduled to be held on 20.01.2014.

(3.) Sri Padmanabha Mahale, learned Senior Advocate assisted by Sri K.P. Jayasimha, learned advocate for the petitioners vehemently contended that in the absence of the members who have moved the Motion of No-Confidence, in view of their kidnapping, and as no useful purpose would be served, the 1st respondent be directed to adjourn the meeting of the Grama Panchayat, scheduled to take place today at 12.30 p.m.