MALATHI B ACHARYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are President and Vice President of respondent No.4 - Bommarabettu Village Panchayath, have challenged the notice issued by the Assistant Commissioner at Annexure-E, whereby a meeting has been convened on 10/01/2019 to consider the written notice of the members expressing their intention to move the motion of no-confidence that has been delivered to the Assistant Commissioner on 17.12.2018.

(2.) The petitioners specifically contend that once the notice as aforesaid has been given to the Assistant Commissioner in accordance with the procedure prescribed under Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as the 'Act, 1993' for short), the first proviso of Section 49(1) would mandate that the notice ought to have been given in addition to the members and the President and Vice-President of the Panchayath as well. It is further contended that the notice issued to the members subsequently in terms of Rule 3(2) of the Karnataka Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994 (hereinafter referred to as 'the Rules' for short) ought to have been accompanied with copy of the complaint. The petitioners also submit that a motion of no confidence simpliciter is impermissible as it would result in curtailing the security of the tenure at the will of the members without any justifiable cause.

(3.) Learned Additional Government Advocate submits that the requirement of notice as regards the members or the Adhyaksha is one as contemplated under Rule 3(2) of the Rules, which stipulates that Assistant Commissioner is required to send 15 days clear notice as envisaged prior to the meeting convened by the Assistant Commissioner to consider the said motion. It is further submitted that at the first instance, when the notice of motion of no confidence is delivered to the Assistant Commissioner, the notice is only as regards the Assistant Commissioner and not to any other member including the persons who are subject to the motion of no confidence.