S.B.NAGARATHNAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, respondents/caveators and the learned AGA.

(2.) The petitioner is before this Court being aggrieved by the meeting notice dated 04.12.2018 calling for a meeting on 21.12.2018 at 11.00 am, in order to vote the motion, moved by a majority of members expressing no confidence in the petitioner.

(3.) Learned counsel for the petitioner contends that the meeting dated 21.12.2018 stands vitiated on three grounds. Firstly, the meeting is beyond the mandatory period of 30 days as stipulated under subrule (2) of Rule 3 of the Karnataka Panchayat Raj (Motion of Non-confidence against Adyakshya and Upadyakshya of Gram Panchayat) Rules, 1994 (hereinafter referred to as 'The Rules, 1994', for short). Secondly, the Form-I as produced at Annexure-E contains allegations, consequent to which a report has also been called for, which is produced as Annexure-F, hence has to be construed as a motion under subsection (2) of Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as 'the Act', for short) and thirdly, that the Form-II issued to the petitioner is not accompanied by a copy of Form-I and hence on that ground also the impugned meeting notice stands vitiated. Hence, he prays that the writ petition be allowed and the meeting notice be quashed.