CHIKKAPPA TIRUKAPPA Vs. KAKOL MANDAL PANCHAYAT

JUDGEMENT

(1.) This is a petition filed by the Pradhan. Petitioner, who is a Pradhan of Kakol Mandal Panchayat, is aggrieved by the notice issued by the incharge Assistant Commissioner of Haveri Sub-Division, Haveri in Dharwad District in accordance with sub-section (3) of Section 47 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (hereinafter referred to as the Act). In the Scheme of Section 47 of the Act, the Assistant Commissioner is authorised to receive a motion of no confidence proposed to be moved against the Pradhan of the Mandal, if such requisition is tendered in writing by more than half the members of the Mandal and presented in person by atleast two of the signatories to such requisition: That such a requisition was submitted as at Annexure-A is not in dispute; that the incharge Assistant Commissioner by his notice dated 15.7.1989 called for a meeting to consider the motion of no confidence proposed to be moved by the signatories against the Pradhan on 4.8.1989 at 11 a.m. is also not in dispute. That notice is at Annexure-B to the writ petition.

(2.) Emergent notice regarding rule was issued in this petition. But an interim direction was, however, made on the same date, i.e., 31.71989 that if the motion is carried, it shall not be given effect to for a period of 14 days. Thereafterwards, on 16.8.1989, the interim direction or stay as granted was continued until further orders. Subsequently, some of the members of the Mandal panchayat made an application to implead themselves. That I.A. appears to have been allowed a learned Single Judge by his order dated 30.8.1989.

(3.) The matter coming up today for further orders the petition is taken up for final disposal in view of the importance of the matter and the urgency, by consent of the learned Counsel for the parties. I dispose of the petition by the following order.