P.REETHI MUNE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A neat question of law arises for consideration about the import and applicability of the group of words 'within the first fifteen months from the date of his election' occurring in the Second Proviso to Sec. 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993; whether it applies in the case of a new President elected in the middle of the term of the Panchayat replacing the originally elected president to avail the new President immunity from facing no-confidence motion for first fifteen months from the date of 'his election'.

(2.) Sec. 49 of the of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as 'the Act') deals with motion of no-confidence against Adhyaksha (the President) or Upadhyaksha (the Vice President) of Grama Panchayat.

(3.) The prayer made in the writ petition was to set aside the notice dtd. 4/11/2023 issued by the Assistant Commissioner, Bengaluru North Sub-Division, Bengaluru. It was a notice in relation to the motion of no-confidence against the President of the Bagaluru Grama Panchayat, Yelahanka Taluk. This notice came to be issued by the Competent Authority pursuant to the application dtd. 18/10/2023 submitted by 20 members of the Grama Panchayat, who had submitted motion of no-confidence against the President. The Competent Authority required for holding of meeting on 21/11/2023 to discuss the motion of no-confidence against the President.