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1992 Supreme(Kar) 76

C. PUTTASWAMY – Appellant
Versus
PREMA – Respondent


Advocates:
JAYAKUMAR S.PATIL, S.B.Udhal, Satish R.Girji

S. P. BHARUCHA, C. J.

( 1 ) THE question that is REFERRED TO the Full Bench for consideration reads thus :"whether the provision under S. 47 (3) of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 requiring the Deputy Commissioner to give to members of a Mandal Panchayat notice of a meeting for consideration of a motion of no-confidence against the Pradhan or Upa-Pradhan 'of not less than 15 clear days of such meeting' is mandatory or directory?"

( 2 ) BRIEFLY, the facts that give rise to the reference are these : The writ petitioner (the first respondent to the appeal) is the elected Pradhan of the Mandal Panchayat which is the third respondent to the appeal. On 9/08/1991 a majority of the members of the Mandal Panchayat forwarded to the Assistant Commissioner, Ramanagaram sub-Division (the second respondent to the appeal) a notice requiring him to call a meeting to consider a No-confidence motion against the first respondent. The second respondent issued a notice on 19/08/1991 calling such meeting on 5/09/1991. Admittedly, the notice to the individual members of the Mandal Panchayat were posted on 24/08/1991 and received by

















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