CHANDRANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, who is the President of Gopal Devarahalli Panchayath, Sira, Tumakuru, had challenged the notice issued at Annexure-H whereby the Assistant Commissioner had convened a meeting on 28.12.2018 to consider the Motion of No-confidence moved by the members. This Court by order dated 20.12.2018 had passed an interim order of stay of the said notice issued by the Assistant Commissioner while noticing that the complaint contained certain allegations. The complaint of the members is produced at Annexure-A and the allegations made are reproduced below for reference : ...[VARNACULAR TEXT UMIITED]...

(2.) It is clear that said complaint of the members contained allegations. Upon notice, counsel appearing on behalf of respondents No.6 to 20 has filed a Memo stating that they do not intend to press their application for vacation of the interim order and submission is made that they do not intend to continue with the complaint made.

(3.) Taking note of the allegations made and submission on behalf of counsel for respondents No.6 to 20 noticing that the complaint contains allegations, the notice at Annexure-H is set aside as the complaint contains allegations and in the light of the law laid down by the Division Bench in Smt. Lakshmamma v. State of Karnataka and Others reported in 2019(1) Kar.L.J. 94, wherein it has been observed that till necessary Rules are framed, no Motion for No- confidence with allegation which would come within the ambit of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, could be entertained or considered. Accordingly, Annexure-H is set aside.