K S PAMPANNA Vs. DEPUTY COMMISSIONER BELLARY

JUDGEMENT

(1.) THE petitioner was the Adhyaksha of the Taluk Panchayat. Some of the members of the Taluk Panchayat issued a notice expressing no confidence against the petitioner. Thereafter some of the members who signed the notice expressed that they are withdrawing the said notice. In view of that the Chief Executive Officer decided not to call for the meeting to consider the notice given by the members expressing no confidence as against the petitioner. Thereafter the Chief Executive Officer called for the meeting for the second time fixing the date of meeting as 4-3-1998 to consider the notice expressing no confidence against the petitioner. Accordingly the meeting was held on 4-3-1998 and motion of no confidence was placed before the committee for consideration. In the said meeting the motion was passed by two-thirds majority expressing no confidence against the petitioner. This resolution has been challenged by the petitioner on the ground that on 12-12-1997 the Executive Officer decided not to convene the meeting and therefore he has no authority to call for the meeting for the second time on the basis of the notice given earlier expressing no confidence against the petitioner. The proviso to section 140 of the Panchayat Raj Act was introduced by Act No. 29 of 1997. The said proviso reads as follows: