T K LAKSHMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking for writ of certiorari to quash Annexure-D dated 12.02.2018 issued by respondent No.2 made in No.E.L.C.R. 34/2017-18, being in violation of the provisions of Section 48 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.

(2.) It is the case of the petitioner that the petitioner having been elected as a Member of respondent No.3-Panchayath was elected as Adhyaksha of respondent No.3-Panchayath on 27.07.2015. The petitioner under compulsion submitted her resignation letter to the post of Adhyaksha to respondent No.2 on 01.02018. Since the 10th day was holiday on account of 2nd Saturday and 11th day also being general holiday on account of Sunday, the petitioner gave representation to respondent No.2 withdrawing her resignation letter on 102018. Inspite of the same, on 14.02018, meeting was proposed to be scheduled on 15.02018, for the purpose of moving a resolution of No Confidence in terms of Section 49(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The petitioner filed Writ Petition No.6386/2018 before this Court and this Court by an order dated 14.02018, granted interim order to the effect that meeting shall go on, but the result shall not be announced. Thereafter, respondent No.2 now notified the members of the respondent No.3- Panchayath for accepting resignation of the petitioner. There is no requirement of convening the meeting for the purpose of moving No Confidence. Therefore, the petitioner is before this Court for the relief sought for.

(3.) I have heard the learned counsel appearing for the parties.