MANJULA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The provisions of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 ('Act' for short) inserted by Act No.44 of 2015 with effect from 31/12/2015 have come up before this Court by way of challenge to the vires thereof or in the alternative interpretation of the same which deals with the moving of 'No Confidence Motions' against the Adhyakshas/Upadhyakshas of Grama Panchayats in the State of Karnataka.

(2.) The Rules in this regard were enacted by the State Government in the year 1994 and are known as the 'Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994' ('Rules of 1994' for short) notified in Karnataka Gazette, Extraordinary on 21/09/1994.

(3.) But in the present matter, the Respondent State has taken a stand before the Court that after insertion of sub-section (2) in Section 49 of the Act, with effect from 31/12/2015, the aforesaid 'Rules of 1994' with regard to moving of 'No Confidence Motions' have not been amended, however such an amendment in the Rules is said to be under active consideration by the Respondent State.