SMT. PREETHI Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioner who is the President of Hallare Grama Panchayath, Nanjangud Taluk, Mysuru District has challenged the notice at Annexure-J wherein the Assistant Commissioner, by notice dated 29.11.2018, has convened a meeting on 14.12.2018 to consider the motion of no-confidence that has been moved by the members.

(2.) The petitioner has been elected as the President of second respondent Hallare Grama Panchayath on 22.03.2018 which is not disputed. The motion of no-confidence is sought to be initiated by a complaint dated 25.09.2018.

(3.) In view of II Proviso to Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 ('the Act' for brevity), no resolution expressing want of confidence can be moved within the first thirty months from the date of election. In view of the said prohibition, the present motion of no-confidence moved within the aforesaid period of thirty months ought not to have been entertained by respondent No.1.