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2000 Supreme(Kar) 273

V.GOPALA GOWDA, V.BHASKARA RAO
STATE OF KARNATAKA – Appellant
Versus
LAKSHMAPPA KALLAPPA, BALAGANUR – Respondent


Advocates:
A.N.JAYARAM NAIDU, A.NAGARAJAPPA, B.V.ACHARYA RAO, C.H.JADHAV, H.S.Jois, JAYAKUMAR S.PATIL, JAYAPRAKASH REDDY, K.P.Rao, M.H.SAWKAR, MOHAN SHANTANA GOUDAR, PRAVIN RAIKOTE, Ravindra Patil, SHANTESH GURREDDI, UDAYA HOLLA, V.T.RAYA REDDY

Y. BHASKAR RAO, C. J.

( 1 ) WRIT appeals are filed by the state of Karnataka and others assailing the judgment of the learned singe judge declaring sub-section (2) of Section 159 of the Karnataka panchayat RAJ Act, 1993 (hereinafter called as the 'act') to the extent it prohibits the members of the house of the people, the state legislative assembly, the council of states, the state legislative council and adhyakshas of taluk panchayats, referred to in clauses (ii) to (iv) of sub-section (1) of Section 159 of the Act, from participating in the meeting convened for considering the no-confidence motion moved against the adhyaksha and upadhyaksha of a zilla panchayat under sub-section (3) of Section 179 of the Act, is illegal, void and unconstitutional and declaring that the words "or for considering a no-confidence motion under sub-section (3) of Section 179" contained in sub-section (2) of Section 159 of the act are struck down as void and unconstitutional; further, declaring sub-section (3) of Section 179 of the act to the extent it prohibits the members of the house of the people, the state legislative assembly, the council of state, the state legislative council and adhyakshas of

























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