R MUNISWAMY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who was the President of Gollahalli Gram Panchayath, Kengeri has filed the writ petition challenging the notice at Annexure-C dated 05.11.2018 and contends that the requirement of 15 clear days as required under Rule 3(2) of the Karnataka Panchayath Raj (Motion of no-confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules, 1994 ['the Rules' for brevity] to the members has not been complied with and that there should be a clear notice of 15 days given to the members prior to the holding of the meeting and further contends that the notice issued on 05.11.2018 served on the petitioner on 13.11.2018, is in infraction of the law that requires 15 clear days of notice to be given.

(2.) At this stage, Sri D.N.Nanjunda Reddy, learned Senior Advocate appearing for Sri Mahesh R. Uppin for the respondent Nos.5 to 24 submits that the respondents would not insist on going ahead with the motion of no-confidence, in view of the technical violation as contended by the petitioner.

(3.) Accordingly, the notice at Annexure-C dated 05.11.2018 does not survive. However, liberty is reserved to the members to move a fresh motion of no-confidence against the petitioner.