RENUKAMMA THARIALLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since the petitioners in both these petitions are challenging the same impugned notice issued by the respondent-Assistant Commissioner, the matters are heard and disposed of by this common order.

(2.) The petitioners in both these writ petitions are elected as Adhyaksha and Upadhyaksha of the respondent-Bennikallu Gram Panchayat. The petitioners are seeking to assail the meeting notice issued by the respondent-Assistant Commissioner, for consideration of no-confidence motion as against the petitioners which is stated to be held on 03.12.2018.

(3.) As regards W.P.No.107616/2018, the petitioner is the Adhyaksha of the respondent-Gram Panchayat and the primary contention of the petitioner is that the impugned notice is in contravention of Subrule (2) of Rule 3 of the Karnataka Panchayat Raj (Motion of No-confidence against Adhyakasha and Upadhyaksha of Gram Panchayt) Rules, 1994 (for short, 'the Rules'). It is contended that the members of the Gram Panchayat made a complaint on 15.09.2018, while the meeting fixed for consideration of noconfidence is beyond the period of 30 days and therefore, the impugned notice is bad in law.