DEVANNA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioner has challenged the notice dated 16.08.2019 issued by the respondent No.1 fixing the date of the meeting to move 'no confidence motion' against the President of Baichabal Gram Panchayat, Surpur taluk on 04.09.2019 at 11.00 a.m.

(2.) The petitioner is claiming to be an elected President of Baichabal Gram Panchayat since 22.09.2017. It is submitted that the respondent Nos.4 to 23 have submitted an application under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 ('Act' for short) seeking removal of the petitioner from the post of President of Gram Panchayat of Baichabal village pursuant to the notice/motion dated 24.07.2019, the first respondent has issued the impugned notice in violation of Rule 3(2) of the Karnataka Grama Swaraj and Panchayat Raj (Moving No Confidence Motion against the Adhyakasha and Upadhyaksha of the Grama Panchayat) (Amendment) Rules, 2018 ('Rules' for short).

(3.) The learned counsel for the petitioner reiterating the grounds urged in the writ petition, seeks for quashing the notice impugned.