T NAGARAJU Vs. ASSISTANT COMMISSIONER TUMKURU SUB DIVISION

JUDGEMENT

(1.) Heard the learned Counsel Sri P.P.Hegde appearing for the petitioner in W.P.No.4355/2019, learned Counsel Sri Hariprasad.M.B. appearing for the petitioners in W.P.No.14214/2018 and W.P.No.52359/2018, learned HCGP, learned Counsel Sri M.R.Rajagopal for respondents 4 to 10 in W.P.No.4355/2019, learned Counsel Sri S.C.Vijayakumar for respondents 4 to 19 in W.P.No.14214/2018, learned Counsel Sri B.J.Somayaji for respondent No.3 in W.P.No.14214/2018 and for respondent No.5 in W.P.No.52359/2018 and the learned Counsel Sri Vijayakumar.S.C. for respondents 9 & 6 to 23 in W.P.No.52359/2018.

(2.) It is the case of the petitioner in the lead writ petition that he was elected as the member of Markonahalli Grama Panchayat in the year May 2015. Later, petitioner successfully contested to the post of Adhyaksha. That the petitioner has been discharging his duties in the said post without there being any allegations and while doing so, he was served with the notice dated 14.01.2019 issued by respondent No.1 Assistant Commissioner intimating that a meeting had been convened on 30.01.2019 at 11.00 a.m. to consider the no-confidence motion proposed by the members of Markonahalli Grama Panchayat. A copy of which is produced as Annexure-A and impugned in the writ petition.

(3.) It is the case of the petitioner that the notice was served on him on 16.01.2019 through registered post. That on opening the postal cover, he found the copy of the proposed motion and the petitioner was kept in dark with regard to the grounds on which the members sought to dislodge him. That respondent No.1 erred in calling for the meeting without there being any ground whatsoever.