LAXMAVVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH the matter is posted for orders, since the contesting respondents 1 and 2-Government, are served and as the matter can be disposed of on a short question, with the consent of counsel on both sides, matter is taken for final disposal.

(2.) THE appellant-writ petitioner before the Learned Single Judge, is the President of Bolchikkalaki Gram Panchayath in Bijapur District. She has approached this Court challenging the notice dated 1-12-2006 for considering the "no-confidence motion", proposed by other members. The Learned Single Judge being unable to find any legal infirmity in the notice held that, the Writ Petition is devoid of merits and dismissed the same. Hence, the present Appeal.

(3.) SRI GS. Kannur, Learned Counsel appearing for the appellant, relying upon the provisions of Rule 3 (1) of the Karnataka Panchayat raj (Motion of no-confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994, (for short 'the Rules') contended that, as the written notice of intention to make the motion is not in form-I and since it does not accompany the proposed motion, there is violation of mandatory requirement of provisions of the Act and rules. In this regard, the Learned Counsel has relied upon the decision of learned Single Judge of this Court in the case of MALLAMMA vs state OF KARNATAKA AND OTHERS.