H. G. KUMAR NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned AGA accepts notice for respondent Nos.1 and 2.

(2.) Petitioner, who is a member of Hiriyuru Grama Panchayath was elected as a President of the said Grama Panchayath on 29.06.2015. Petitioner states that there were previous efforts to move a motion of no-confidence against him and same was subject matter of adjudication in W.P.No.52414/2018, wherein, this Court vide order dated 04.12.2018 noted that there is a violation of the period prescribed for convening a meeting as per Rule 3(2) of the Karnataka Panchayath Raj (Motion of no-confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules, 1994, and quashed the notice of the Assistant Commissioner to convene the meeting to consider the motion of no- confidence. However, liberty was reserved to the members to initiate fresh proceedings for no-confidence in accordance with law. The members soon after the order passed in W.P.No.52414/2018 have initiated a fresh process and lodged notice/complaint expressing their intention at Annexure-C. A bare perusal of the said complaint clearly reveals that it is one that falls within Section 49(1) of the Karnataka Panchayath Raj Act, 1993 (hereinafter referred as 'Act' for short). Apart from general allegations, no allegations as contemplated under Section 49(2) of the Act have been made.

(3.) Section 49(2) of the Act clearly stipulates that the allegations contemplated relate to misuse or abuse of power or authority in executing any scheme, action plan or direction of Government or project of the Panchayath or of misappropriating funds or other assets of the Panchayath during the term of his membership or otherwise indulging in corruption or misconduct in the course of exercising his function.