ANANDAPPA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Petitioner who is the Adhyaksha of M.K. Hatti Grama Panchayat, has challenged the notice at Annexure -'D' dated 20.11.2018, wherein the Assistant Commissioner has fixed the date of 10.12.2018 to consider the motion of No-Confidence said to have been moved by the members.

(2.) It is submitted that the complaint that was made to the Assistant Commissioner was made on 31.10.2018 and meeting has been convened on 10.12.2018 and hence, there is an infraction of Rule 3(2) of the Karnataka Panchayat Raj (Motion of No- Confidence Against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 ("Rules" for short). It is further contended that the said Rule is held to be mandatory by a Division Bench judgment of this Court in the case of M.Muniyappa and Another Vs. State of Karnataka and Others in Writ Appeal Nos.5159-5160 of 1998 dated 18.12.1998.

(3.) The contention of the petitioner is to be accepted in view of the clear mandate of Rule 3(2) of the Rules and also the judgment of the Division Bench of this Court in W.A.Nos.5159-5160/1998. Though other contentions have been raised stating that the complaint has been moved under Sec. 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 ("Act" for short) and the learned counsel appearing for the respondent Nos.4 to 18 and 20 states that he would not insist on the allegations and his complaint could to be treated as one under section 49(1) of the Act, it is clear that even as regards the resolution said to be moved under section 49(1) of the Act, the time prescribed under Rule 3(2) of the Rules is to be adhered to. In view of the infraction of the said rule, without getting into merits of the other contentions raised, the notice at Annexure-'D' convening a meeting to consider No-confidence motion is set-aside.