RAMACHANDRA J Vs. SUJATHA W/O DEVENDRA

JUDGEMENT

(1.) The petitioner has challenged the notice at Annexure-E dated 24.11.2018 whereby, the meeting has been convened on 13.12.2018 to consider the motion of no-confidence.

(2.) The petitioner is said to have been elected as President of M.C. Halli, Grama Panchayat, Tarikere Taluk, Chickmagalur District on 07.11.2016. It is stated that the members have made a complaint pursuant to which action is sought to be initiated and meeting has been convened by the respondent No.10 on 13.12.2018, and more importantly this motion of no- confidence is sought to be moved within thirty months of the petitioner being elected.

(3.) It is to be noted that second proviso to Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 ('the Act' for brevity), stipulates a bar for moving any resolution within a period of first thirty months from the date of election. It has been clarified by the Courts that this bar of thirty days would not operate as regards the motion of no-confidence without allegations under Section 49(2) of the Act. However, in the light of the judgment passed in Writ Appeal No.844/2018 and connected matters, the moving of the motion of no-confidence under Section 49(2) of the Act would be possible only after the Rules are framed. In light of the observations made in Writ Appeal No.844/2018 and connected matters, the present motion of no-confidence cannot be resorted to.