J. RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is the member of Kadakola Gram Panchayat, having been elected in the year 2015, has challenged the notice at Annexure-Q issued by the 3rd respondent - Assistant Commissioner fixing the date of consideration of the motion of no confidence as 17.09.2019. Petitioner by way of an amendment to the petition has also sought for issuance of writ of mandamus to direct respondent No. 1 to consider the representations/complaints of the petitioner at Annexures - C, D, E and F, relating to the request for disqualification of the members of the Grama Panchayat.

(2.) It is noticed that as there was no interim order passed, motion of no confidence was considered by the Grama Panchayat and the petitioner was removed from the post of Adhyaksha of the Grama Panchayat.

(3.) The primary ground that is made out and argued is that the members of the Grama Panchayat, that is respondent Nos. 7, 8, 9, 10, 11, 15, 16, 18, 19, 20, 22, 23, 24 and 25 have incurred disqualification and hence being ineligible, their participation in the meeting of the Grama Panchayat and exercising the right to vote has prejudiced the right of the petitioner. It is contended that despite repeated representations, no action has been taken to initiate action under Section 43-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short 'the Act') as against such of the members who have involved themselves in misconduct. It is to be noted that the order under Section 43-A of the Act is to be preceded by an enquiry and it is not in dispute that the members would lose their right only once an order has been passed. Till the said order is passed either disqualifying the members or removing them for misconduct as per the proceedings under section 43-A of the Act, members have right to vote and exercise other rights. In light of said position, the contention of the petitioner that the members who have incurred disqualification and committed misconduct ought not to be permitted to exercise right and participate in the proceedings of the meeting cannot be accepted. However, it cannot be that the proceedings under Section 49(1) of the Act ought to be deferred till action is taken and concluded for disqualification or removal of members by the respondent - Authority. Accordingly, the said contention of the petitioner is rejected.