SHIVARAM Vs. ASSISTANT COMMISSIONER BASAVAKALYANA

JUDGEMENT

(1.) THE Petitioner is the Adhyaksha of Gram Panchayat of Ladwanti village, Basavakalyan Taluk, Bidar District. THE Gram Panchayat consists of twelve members. Eight members of the Gram Panchayat moved a motion of no confidence against the petitioner under sub-rule(1) of Rule 3 of Karnataka Panchayat Raj (Motion of no confidence against Adhyakasha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short "the Rules"). On the basis of the said motion of no confidence, the first respondent issued notice at Annexure 'C' dated 28.10.2008 to the members of the Grama Panchayat under sub-rule(2) of Rule 3 of the Rules, convening a special meeting of the members of the Grama Panchayath on 19.11.2008 at 10.00 a.m. for consideration of the said motion of no confidence. THE petitioner has called in question the validity of the said notice in this Writ Petition.

(2.) I have heard the learned counsel for the parties.

(3.) IN the light of the rival contentions of the parties, the question for consideration is whether the respondent Nos. 3 and 4 can join the other members of the Panchayat in moving the motion of no confidence against the petitioner and participate in the meeting convened for consideration of the said motion pending disposal of the application before the State Election Commission seeking their disqualification?