GADIGEYYA Vs. ASSISTANT COMMISSIONER SAVANUR

JUDGEMENT

(1.) Petitioner is the Pradhan currently of Hire-bendigeri Mandal Panchayat. He is aggrieved by the notice issued by the Assistant Commissioner, Savanur, Dharwad District, the true copy of which is at Annexure 'A'. That notice is issued in Form No.2 read with Rule 4 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats (No Confidence) Rules, 1985.

(2.) The complaint is that the said notice does not disclose any information as to who was moved the No Confidence Motion and whether it has the requisite support as mandated by Section 47 of the Act.

(3.) Section 47 provides for Motion of No Confidence against Pradhan or Upa Pradhan of Mandal Panchayats. Sub-section (2) of Section 47 provides that a written notice of intention to make the motion, in such form as may be prescribed, signed by not less than one half of the total number of members of the Mandal Panchayat, together with a copy of the proposed motion, shall be delivered in person by any two of the members signing the notice to the Deputy Commissioner (since amended) (to the Assistance Commissioner). Sub-Section (3) provides that the Assistant Commissioner shall then convene a meeting for the consideration of the motion at the office of the Mandal Panchayat on a date appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him. He shall give to the members a notice of not less than fifteen clear days of such meeting in such manner as may be prescribed subject to the restrictions in the explanations provided. We need not consider ourselves the other sub-sections for the disposal of this case.