GOPEMMA W/O DASHARATH Vs. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF PANCHAYAT RAJ & RURAL DEVELOPMENT

JUDGEMENT

(1.) The unsuccessful President before the learned Single Judge filed the present intra Court appeal against the order dated 09.01.2019 made in W.P.No.202790/2018 passed by the learned Single Judge, dismissing the writ petition, directing the 3rd respondent-Assistant Commissioner shall convene the fresh meeting of the 5th respondent-Grama Panchayat within an outer limit of 15 days from the date of receipt of copy of this order for considering the No-Confidence Motion dated 23.06.2018, Annexure-B moved by respondent Nos.6 to 24 against the petitioner by keeping in mind the observations made therein.

(2.) It is the case of the appellant-petitioner before the learned Single Judge that she was elected as Adhyaksha of Nirna Grama Panchayat on 20.07.2015 and has assumed the charge on the same day. Subsequently, on 23.06.2018, respondent Ns.6 to 24 filed requisition/representation before the 3rd respondent-Assistant Commissioner to convene a meeting of Grama Panchayat for the purpose of moving No Confidence Motion. The said requisition was received by the 3rd respondent on the same day. It is further case of the petitioner that the 3rd respondent has not given a copy of requisition made by respondent Nos.6 to 24. Therefore, the petitioner applied the copy of the same to the 3rd respondent by filing application on 06.08.2018. After receipt of the said requisition, though the members have made reckless allegations against the petitioner, as on today no complaint filed against her. It is further contended that since respondent Nos.6 to 24 are supported by a National Political party and the present petitioner is a politically neutral person, as such, respondent Nos.6 to 24 with an ill-intention of removal of petitioner approached the 3rd respondent. It is the further case of the petitioner that based on the requisition made by respondent Nos.6 to 24, the 3rd respondent has forwarded to the 4th respondent to enquire regarding the allegations made by the members and to submit report. The 4th respondent-Executive Officer without giving notice and without providing an opportunity, has submitted the adverse report colluding with respondent Nos.6 to 24 behind the back of the petitioner. The 4th respondent ought to have enquired regarding payment of cheques in the names of the employees of the panchayat because he is the only custodian and competent official to issue the cheques in the name of the employees. The President is only a joint signatory. As such, she does not know about the transactions. The 4th respondent has submitted the report contrary to the circular dated 07.02.2018 issued by RDPR and has not submitted the report well within the stipulated time. As per the adverse report of the 4th respondent, the 3rd respondent has fixed the meeting of no confidence on 23.08.2018 at 3:00 p.m. in the office of the 5th respondent-Nirna Grama Panchayat under Sec. 49(2) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as the 'Act' for short) and in contravention of Rule 3(1) and (2) of Karnataka Panchayat Raj (Motion of No Confidence against Adhyakshya and Upadhyaksha of Grama Panchayat) Rules, 1994 (hereinafter referred to as '1994 Rules' for short), should submit their written notice of intention to make the motion for no confidence in Form No.1. It is further submitted that the requirement of Rule 3(1) is mandatory in nature. Admittedly, no application is presented in Form No.1 as prescribed under the Rules. The 3rd respondent based on the representation has called for meeting as per Rule 3(2) of 1994 Rules. Even though the representations alleged to have been made by the respondent Nos.6 to 24, does not satisfy the conditions stipulated in Sec. 49(2) of the Act. Hence, the petitioner filed writ petition before the learned Single Judge and sought following reliefs:

(3.) The learned Single Judge considering the entire material on record, relying upon the judgment of this Court in the case of Smt.Roopa vs. The State of Karnataka and Others (DD 28.09.2018) (Single Judge) made in W.P.No.32295/2018 dismissed the writ petition and directed the 3rd respondent shall convene fresh meeting of respondent-Grama panchayat for consideration of no-confidence motion. Hence, the present appeal.