PUTALABAI Vs. GULBARGA TALUK PANCHAYAT GULBARGA

JUDGEMENT

(1.) TWO out of 26 members of the Taluk Panchayat, Gulbarga and the President of the Taluk Panchayat are before Court, calling in question the legality and validity of the notice of the special meeting dated 16-2-2009 Annexure-A issued by Chief Executive Officer, Taluk Panchayat, convening the meeting on 24-2-2009 at 11.00 a.m. to consider the motion of no confidence against the third petitioner.

(2.) THE learned Counsel for the petitioner advances the following contentions:

(3.) INDISPUTABLY the 25 out of the 26 elected members joined together to elect the third petitioner as the Adhyaksha of the Taluk Panchayat. The 18 nominated members of the Taluk Panchayat though entitled to take part in proceedings and vote at meetings of the Taluk Panchayat are by operation of sub-section (2) of Section 120 of the Act, specifically excluded to do so at special meetings convened for the election of Adhyakshas and Upadhyakshas under sub-section (1) of Section 138 or for considering no confidence motion under sub-section (3) of Section 140. Therefore, the intention of the Legislature is to exclude the non-elected members to have a say in the matter of election of the Adhyaksha and Upadhyaksha or their removal by a no confidence motion. It that is so, it is too far fetched for the petitioners to contend that a no confidence motion against an Adhyaksha must be moved by 1/3rd of the total number of members of the Taluk Panchayat. It must be noticed that the Legislature has not framed rules in respect of no confidence motion of Adhyaksha and Upadhyakshas of the Taluk Panchayat. Nevertheless, having regard to the intention of the Legislature by enacting Section 120(2) imposing fetters on the power of the non-elected members of the Taluk Panchayat to cast a vote in the matter of consideration of a no confidence motion, it cannot but be said that 1/3rd of the total number of members must be understood to mean 1/3rd of the total number of elected members of the Taluk Panchayat.