ABDUL KHALEEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By impugned order dated 1st February 2019, the learned Single Judge dismissed the writ petition filed by the present appellant. The present appellant was elected on 15th July 2015 as the President (Adhyaksha) of a Grama Panchayat. A motion was moved under sub-section (2) of Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short 'the said Act of 1993') in December 2018. It is pointed out in the writ petition filed by the present appellant that the notice under sub-section (2) of Section 49 was challenged by way of a writ petition. The writ petition was allowed on 17th January 2019 by setting aside the impugned notice. Thereafter, a fresh motion was moved by 18 members on 21st January 2019 by invoking sub-section (1) of Section 49 of the said Act of 1993. Initially, the present appellant moved the Assistant Commissioner for the relief of withdrawal of the notice dated 21st January 2019. On 4th February 2019, the motion was moved and the appellant was removed from the post of the President. Thereafter, a notice for election of a new President was issued. The present appellant filed a fresh writ petition challenging the notice dated 4th February 2019 issued by the Assistant Commissioner to consider the second no confidence motion. In the writ petition, there was also a prayer for quashing the notice dated 21st January 2019 by which sub-section (1) of Section 49 was invoked by 18 members. By the impugned order, the learned Single Judge rejected the petition.

(2.) The first submission of the learned counsel appearing for the appellant is that after the notice invoking sub-section (2) of Section 49 failed, there could not have been a notice issued under sub-section (1) of Section 49. The second submission is that if no confidence motion by invoking sub-section (1) of Section 49 is allowed to be moved after the failure of a motion taken out by invoking sub-section (2) of Section 49, sub-section (2) of Section 49 will become redundant.

(3.) We have given careful consideration to the submissions. Section 49 of the said Act of 1993 reads thus: