H.S.GAGANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for setting aside the impugned notice at Annexure - C as being illegal.

(2.) It is the case of the petitioner that the Motion of No Confidence was in challenge before the courts and such legal challenge has culminated in an order passed on 6/3/2025 before the Division Bench in W.A.No.160/2025. It is submitted that the said writ appeal was disposed off without interfering with the proceedings. In light of the conclusion of the proceedings, the Assistant Commissioner issued a notice at Annexure-C dtd. 11/3/2025 fixing the date as 21/3/2025. It is the case of the petitioner that the notice at Annexure-C provided notice of 10 days which is contrary to the requirement of Proviso to Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, Motion of No Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat Rules, 1994 insofar as 15-days clear notice is to be given.

(3.) Though it is submitted by the State that the Single Judge's order provided for notice of two weeks and accordingly notice of Assistant Commissioner need not be faulted with, however taking note of the requirement of Proviso to Rule 3(2), matter could be disposed off without entering into further adjudication.