H.N. NAGAVENI Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioner was elected on 17.12.2012, as Adhyaksha of Palagatti Grama Panchayat (for short 'the Panchayat'), Jagalur Taluk, Davangere District. 15 members of the Panchayat had presented a notice dated 21.12.2013, in Form-I, under Rule 3(1) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short 'the Rules'). The 1st respondent gave notice dated 23.12.2013, in Form-II, under Rule 3(2), to the members, including Adhyaksha and Upadhyaksha of the Panchayat, fixing the date as 13.01.2014, for moving 'No-Confidence Motion'. The 1st respondent having read out to the members of the Panchayat, the Motion, for consideration of which the meeting was convened, put the same to vote without any debate. The Motion was carried by majority of Members i.e., 14, constituting not less than two-thirds of total number of Members of the Panchayat. The 1st respondent made a declaration with regard to the Motion being carried. The petitioner was immediately informed to handover all the records etc., to the Panchayat Development Officer. Signatures of all the members present in the meeting was obtained. The petitioner handed over all the documents etc., relating to the Panchayat which were in her custody to the PDO.

(2.) The 1st respondent having appointed the 3rd respondent as the Returning Officer to conduct election to the vacant post of Adhyaksha of the Panchayat and a meeting notice dated 22.01.2014 vide Annexure-D having been issued, this writ petition was filed to quash Annexure-D.

(3.) Sri N. Spoorthi Hegde, learned advocate, contended that the 1st respondent has committed illegality in appointing the Returning Officer to conduct the election to the Office of the Adhyaksha, since, the notification under Sub-Rule(9) removing the petitioner- Adhyaksha has not been published and hence, Annexure-D is liable to be quashed.