SHOBHA W/O GANGADHARESHWARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against order dated February 5, 2019 passed by the Hon'ble Single Judge in Writ Petition No.45728/2018.

(2.) For the sake of convenience, the parties are referred to as per their status in the writ petition.

(3.) Petitioner is the President of Kotagarlahalli Grama Panchayat, Dodderi Hobli, Madhugiri Taluk. A complaint was submitted to the Assistant Commissioner on August 14, 2018. Accordingly, a notice dated 26.09.2018 was issued to convene the meeting on October 16, 2018 to consider the No Confidence motion against petitioner. Petitioner challenged the said notice in the instant writ petition contending inter alia that the notice was in violation of Rule 3(2) of Karnataka Panchayath Raj (Motion of No- Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (hereinafter referred to as Rules ), whereunder the Assistant Commissioner is required to fix the date of meeting not later than thirty days from the date of notice expressing No Confidence . Admittedly, reckoned from the date, August 14, 2018, the date of complaint, the date fixed for the meeting namely October 16, 2018 was clearly beyond thirty days. The learned Government Pleader as also the learned Advocate for the contesting respondents conceded before the Hon ble Single Judge that the notice was in violation of Rule 3(2) of Rules. In the circumstances, the Hon ble Single Judge quashed the impugned notice issued by the Assistant Commissioner dated September 26, 2018 (Annexure E ) reserving liberty to the respondents to move a fresh No Confidence motion, if permissible, in accordance with law. Feeling aggrieved by the liberty granted by the Hon ble Single Judge, petitioner has presented this writ appeal.