B.R. SIDDARAMU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is the Upadhyaksha of Gollahalli Grama Panchayat, aggrieved by the notice of the Assistant Commissioner at Annexure-B dated 26.08.2019 whereby 13.09.2019 had been fixed as the date to consider the motion of no-confidence, has filed the present writ petition. The petitioner has sought for a declaration that Rule 3(1), 3(2) and 3(4) of the Karnataka Panchayat Raj (Motion of No-Confidence Against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 ('the Rules' for brevity) is ultra vires the parent Act.

(2.) The relevant facts being that the complaint at Annexure-A was lodged on 19.08.2019 with the second respondent Assistant Commissioner by the members of third respondent Grama Panchayat seeking to move a motion of no-confidence in terms of Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 ('the Act' for brevity).

(3.) It is contended that the Assistant Commissioner is not the Authority to convene or preside over the meeting for moving a motion of no-confidence under Section 49 of the Act. Consequently, the Rules conferring power on the Assistant Commissioner in that regard are ultra vires the Act.