DEVAKKI Vs. ASSISTANT COMMISSIONER GULBARGA

JUDGEMENT

(1.) THE petitioner elected to the membership of Kadkol Gram Panchayat reserved for Schedule Caste (woman) was declared elected to the post of President by resolution dated 17-10-2007. It appears that on 13-10-2008 large number of members of the panchayat, allegedly, moved a resolution in Form 1 under the Karnataka Panchayat Raj Act, 1993 and the rules framed there under being a motion of No. Confidence against the petitioner, Consequent upon which the 1st respondent-Assistant Commissioner, Gulbarga issued the notice dated 17-10-2008 Annexure-D fixing the meeting on 12-11-2008 at 11-30 a.m. to consider the motion of No Confidence. Hence this writ petition.

(2.) SRI Huleppa Heroor, leaned Counsel for the petitioner is correct in his submission that the proviso to Section 49 of the Karnataka Panchayat Raj Act, 1993 imposes an embargo to move a resolution expressing want of confidence against an Adhyaksha within one year from the date of his/her election. In the instant case, as noticed supra, the motion of No Confidence was moved on 13-10-2008 well-within the period of one year from 17-10-2007, the date on which the petitioner was declared elected as the President of the Panchayat. In that view of the matter, the motion of want of no confidence in Form 1, Annexure-C and notice Annexure-D deserve to be quashed.