MUTTAVVA HAVERI DIST Vs. ASST COMMISSIONER SAVANUR

JUDGEMENT

(1.) WRIT petition by the Adhyaksha, of Hirekanagai gram panchayat in Hangal taluk of Haveri district, who has questioned the legality of the notice dated 7-10-2008 [Annexure-P to the writ petition] issued by the assistant commissioner fixing the date of the meeting to be on 24-10-2008 for the purpose of moving a motion of no-confidence against the petitioner.

(2.) THE legality of the notice is questioned on many grounds.

(3.) THE second ground of argument that one year period has not elapsed during which period the petitioner was in office before the motion is moved, is again dependent on the earlier argument that one years duration had not expired by the time the members moved the notice of motion of no-confidence. On a proper reading and understanding of the Section 49 of the Act, which reads as under: