B.V. KRISHNAREDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed to quash a notice dated 18.02.2014, as at Annexure-C, issued by the Executive Officer, Taluka-Panchayat, Srinivasapura, Kolar District (for short 'the Panchayat'), in convening a special meeting of the Panchayat, on 24.02.2014, to consider the No- Confidence Motion, presented by respondents 3 to 11 against the petitioner.

(2.) Material facts of the case are that the petitioner is Adhyaksha of the Panchayat, which has 17 elected members. Respondents 3 to 11, the elected members of the Panchayat, gave notice dated 03.02.2014 to the Executive Officer expressing their intention to move the Motion of No- Confidence as against the petitioner. The same having been put up for orders, on the office note, the petitioner endorsed that he having submitted his resignation on 11.02.2014, if necessary, the meeting be convened on 28.02.2014. The Executive Officer having given the special meeting notice dated 18.02.2014 vide Annexure-C, to Adhyaksha, Upadhyaksha and members of the Panchayat, fixing the meeting at 11-00 a.m., on 24.02.2014, this writ petition was filed mainly on the ground that there is violation of the provision under S.141(2)(a) of the Karnataka Panchayat Raj Act, 1993 (for short 'the Act').

(3.) Sri Y.R. Sadashiva Reddy, learned advocate, contended that as per S.141(2)(a), the Adhyaksha is required to call for the meeting on any motion signed by one-third of the total number of the members of the Panchayat and in the instant case, even before expiry of 15 days' period from the date the requisition was submitted by the members of the Panchayat, the 2nd respondent has called for the meeting and therefore, there being illegality, interference is called for.