SIDDALINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the appellants. Perused the judgment of the learned Single Judge. We have carefully perused the observations made by the learned Single Judge. It is stated relying upon the facts that, the members of Hallisalgar Gram Panchayat, Aland taluk, Kalaburagi district have moved a no confidence motion on the basis of requisition dated 23.07.2018 making allegations against petitioner about misuse of power, non execution of scheme, misappropriation of funds and appointment of person against the resolution of the Gram Panchayat, in that context, a notice has been issued dated 14.08.2018 as per Annexure-F.

(2.) The said notice dated 14.08.2018 was challenged and was stayed by this Court. Subsequently this Court has observed that, the said notice is not in accordance with Rule 3(2) of the Karnataka Panchayat Raj (Motion of No confidence against Adhyaksha and Upadhyakshya of Gram Panchayat Rules) 1994 (for short '1994 Rules') because the said no confidence motion should have been treated under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (in short 'the Act'), and not under Section 49(1). Therefore, the Court has considered two provisions and has to come to the conclusion that issuance of notice when there are specific allegations made, therefore Section 49(2) of the Act is totally without jurisdiction and contrary to the dictum of the Division Bench of this Court in W.P.Nos.844/2018 and 853/2018.

(3.) Even reading of Section 49(1) and 49(2) of the Act, it clearly distinguishes when the members of gram panchayat can bring no confidence motion. Making any allegations they can move it only after completion of 30 months and that can be taken after following the procedure no confidence motion resolution can be accepted. If no allegations are made, then only section 49(1) is applicable, which can be moved after lapse of 30 months. Section 49(2) of the Act is an independent provision irrespective of period under Section 49(1) such motion can be moved at any point of time by the members of the gram panchayat, if they have no confidence in Adhyakshya on the basis of specific allegations of misuse or abuse of power or authority in executing any scheme, action plan or direction of the Government they can move at any point of time. Therefore, it makes abundantly clear that if any allegations are made it falls under Section 49(2) of the Act irrespective of period under Section 49(1) of the Act.