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2002 Supreme(Kar) 39

Karnataka High Court
K.P.CHANDRAKALA - Appellant
Versus
KODAGU ZILLA PANCHAYAT, MADIKEBI - Respondent
Decided On : 01-16-02
W.P. : 878 of 2002

Advocates:
G.K.BHAT, H.S.JOIA, L.Govind Raj, S.G.Bhagawan, VAGDEVI ASSOCIATES

The resolution passed under the Chairmanship of the third respondent did not contravene the provisions of Section 180 of the Karnataka Panchayat Raj Act, 1993.

Headnote:

Zilla Panchayat - Resolution - Karnataka Panchayat Raj Act, 1993, Section 180

Fact of the Case:

The petitioner challenged the resolution passed by the Kodagu Zilla Panchayat expressing no-confidence motion against the Adhyakshe. The petitioner sought to resign from the office and did not want the stigma of the no-confidence motion.

Finding of the Court:

The court found that the meeting held after the Adhyakshe left and the resolution passed under the Chairmanship of the third respondent did not contravene the provisions of Section 180 of the Karnataka Panchayat Raj Act, 1993.

Issues: 1. Whether the proceedings held by the second respondent under the Chairmanship of the third respondent were contrary to Section 180 of the Act. 2. Whether the resolution passed after the meeting was dissolved by the Adhyakshe was opposed to Section 180(2)(k) of the Act.

Ratio Decidendi: The meeting held after the Adhyakshe left and the resolution passed under the Chairmanship of the third respondent did not contravene the provisions of Section 180 of the Karnataka Panchayat Raj Act, 1993.

Final Decision: The writ petition was rejected, and the parties were directed to bear their own costs.

H. L. DATTU, J.

( 1 ) THIS is the second round of litigation by the petitioner before this court,

( 2 ) ON an earlier occasion, petitioner was before this Court in W. P. No. 47273 of 2001. She had questioned in the said writ petition the correctness or otherwise of the resolution passed by the Kodagu Zilla panchayat, Madikeri, dated 10-12-2001.

( 3 ) LEARNED Counsel appearing for the petitioner had sought leave of the Court to withdraw the writ petition. Permission so requested had been granted by this Court and this Court by its order dated 3-1-2002 was pleased to dispose off the writ petition as withdrawn. However, this court had not granted permission to the petitioner to re-agitate the matter on the same cause of action.

( 4 ) AN application is filed in that writ petition for modification of the earlier order dated 3-1-2002. That application was not seriously opposed by any one of the Counsels appearing for the contesting respondents. Therefore, the earlier order dated 3-1-2002 had been recalled and per- mission was granted to the petitioner to re-agitate the matter, if she so desires, on the same cause of action. That is how this writ petition is before this Court.

( 5 ) WHAT is questioned in this writ petition by the petitioner is, the correctness or otherwise of the resolution of the respondent-Kodagu Zilla panchayat, Madikeri, dated 10-12-2001.

( 6 ) BRIEF facts are. The general elections to the respondent-Kodagu Zilla Panchayat was held on 20-6-2000. Petitioner is elected as Adhyakshe of the said Zilla panchayat on 12-7-2000. The term of the office of the Adhyakshe of Zilla panchayat is for a period of 20 months from the date of assuming the office. The 2nd respondent in the writ petition is the Chief Executive officer. The other respondents are Vice-President and the members of the 1st respondent-Zilla Panchayat. 2/3rd of the members of the Zilla panchayat had presented a requisition before the Adhyakshe of the Zilla panchayat with a request to call for a special meeting. Pursuant to the request so made, the Chief Executive Officer of the Zilla Panchayat had issued a notice dated 18-10-2001 fixing the date of meeting as 27-10- 2001 at Vidhanasabangana premises, Madikeri, at 11 A. M. That notice was a subject-matter of a writ petition before this Court in W. P. No. 40067 of 2001. This Court by its order dated 9-11-2001 was pleased to dispose off the writ petition without expressing any opinion on the correctness or otherwise of the notice issued by the Chief Executive Officer on the concession made by both parties to the Us. The Court was further pleased to direct the Adhyakshe of the Zilla Panchayat to receive the request that may be filed by majority of the members of the Zilla panchayat on 15-11-2001 between 11 A. M. to 1. 30 P. M. The Court was pleased to issue further directions which may not be necessary to be noticed for the purpose of disposal of this writ petition.

( 7 ) AFTER disposal of the writ petition, 2/3rd members of the Zilla panchayat, had presented a requisition before the Adhyakshe of the 1st respondent-Zilla Panchayat with a request to call for a special meeting to express their no-confidence against Adhyakshe. Pursuant to the request so made, the Adhyakshe of the Zilla Panchayat had issued a note to the Chief Executive Officer dated 29-11-2001 with a request to him, to call for a special meeting to consider the requisition presented by 2/3rd members of the Zilla Panchayat on 10-12-2001 at Vidhanasabangana premises, Madikeri.

( 8 ) AFTER receipt of the note from the Adhyakshe, the 2nd respondent herein, namely, the Chief Executive Officer of the Zilla Panchayat, had issued a notice on 29-11-2001 informing the members of the special meeting to consider the requisition made by 2/3rd members of the Zilla panchayat to express no-confidence motion against the Adhyakshe. The meeting was fixed on 10-12-2001 at 11 A. M. in the Vidanasabangana premises, Madikeri.

( 9 ) THE correctness or otherwise of the not
































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