POORNIMA SUDHIN Vs. STATE OF KARNATAKALABIC

JUDGEMENT

(1.) The petitioner, who is the President of Aldur Gram Panchayath, Chikmagalur Taluk elected on 30.06.2015 has filed the present writ petition seeking for the issuance of writ of certiorari to quash the notice convening a meeting for consideration of motion of no-confidence by the Assistant Commissioner, Chikmagalur at Annexure-G dated 02.11.2018.

(2.) The petitioner states that a previous effort to move a motion of no-confidence under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 ('the Act' for brevity) having not been fruitful for want of allegations, a second complaint was made on 26.10.2018 with substantive allegations.

(3.) The petitioner states that notice came to be issued by the Assistant Commissioner as per Annexure-G on 02.11.2018 fixing the date of the meeting as 17.11.2018 at 11.00 a.m. for consideration of the motion of no-confidence. The notice at Annexure-G specifies that it is a notice of the motion of no-confidence in terms of Section 49(1) of the Act read with Rule 3(2) of the Karnataka Panchayath Raj (Motion of No-Confidence against the Adyaksha and Upadyaksha of Gram Panchayath Rules) 1994 ('the Rules' for brevity).