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1997 Supreme(Kar) 340

CHANDRASHEKARAIAH
SUBHASH TUKARAM SANGAONKAR – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
A.NAGARAJAPPA, BASAVA PRABHU S.PATIL, G.BALAKRISHNA SHASTRI, H.B.DATAR, JAYAKUMAR S.PATIL, S.S.Chikkamath

CHANDRASHEKARAIAH, J.

( 1 ) IN all these writ petitions the resolution dated 14-5-1997, removing the president and the vice-president of the city municipal council, nippani by passing a no confidence motion has been challenged.

( 2 ) THE total strength of the city municipal council, nippani, is 36. The petitioners in writ petition nos. 16533 and 16738 of 1997, were elected as president and vice-president respectively on 13-2-1996. Thereafter 26 councillors delivered the notice of intention to move the resolution as against the president and the vice-president to the personal assistant of the president on 2-5-1997. The said notice was placed before president on 3-5-1997 to take appropriate steps. This fact is disputed by the president stating that it was placed before her on 5-5-1997 and not on 3-5-1997. It is seen that the president on 5-5-1997 asked the commissioner to call for the meeting fixing the date of meeting as 14-5-1997 to consider the motion of no confidence. Accordingly, the meeting was called fixing the date of meeting as 14-5-1997. In the said meeting a resolution was passed by 2/3rd majority removing the president and the vice-president from their posts of president a








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