LAKSHMAPPA BALAGANUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner, in this petition is the President of Zilla Panchayat, Bagalkot.

(2.) ). In this petition, the petitioner has sought for quashing the notice dated 15th of December 1998, a copy of which has been produced as Annexure-G, issued by the second respondent convening a meeting on 28th of December 1998 to consider the No Confidence Motion moved against the petitioner and Upadhyaksha of Bagalkot Zilla Panchayat.

(3.) A few facts, which are not in serious dispute and which may be relevant for the disposal of this petition, may be stated as here-under : (a) Bagalkot Zilla Panchayat was earlier a part of Bijapur Zilla Panchayat. Consequent upon the bifurcation of Bijapur District as two districts, namely, Bijapur District and Bagalkot District, Bagalkot Zilla Panchayat came to be constituted. Bagalkot Zilla Panchayat consists of 27 elected members and 19 ex-officio members. Consequent upon the formation of Bagalkot Zilla Panchayat (hereinafter referred to as "the Panchayat"), the petitioner was elected as the Adhyaksha of the Panchayat in the election held on 22nd of April 1998. A special meeting notice dated 21st of November 1998, a copy of which has been produced as Annexure-A, was given to the petitioner signed by ten elected members of the Panchayat on 27th of November 1998, requesting him to convene a meeting to decide want of confidence expressed by them against him. Since, in spite of notice Annexure-A, the petitioner did not convene the meeting within 15 days from the said notice Annexure-A as required under sub-section (2) (a) of the Section 180 of the Karnataka Panchayat Raj Act, 1993 (hereinafter referred to as "the Act"), eleven elected members of the Panchayat gave a notice to the Chief Executive Officer of the Panchayat, a copy of which has been produced as Annexure-F, requesting him to convene a meeting of the elected members of the Panchayat to consider the vote of no confidence motion moved against the petitioner. Pursuant to the said notice Annexure-F, the second respondent-Chief Executive officer of the Panchayat had issued notice Annexure-G dated 15th of December, 1998 convening a meeting on 28th of December 1998. As noticed by me earlier, the correctness of the said notice is called in question in this petition.