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2003 Supreme(Kar) 374

Karnataka High Court
SUBBAMMA - Appellant
Versus
EXECUTIVE OFFICER, NANJANGUD PANCHAYAT, NANJANGUD - Respondent
Decided On : 04-22-03
Writ Petition : 20655 of 2003

Headnote:Interpretation of the words "such request" as found in Section 141(2)(a) of the Karnataka Panchayat Raj Act, 1993

       "Such request" -interpretation of - If interpreted to mean a request to Adhyaksha and not to the Executive officer, the section becomes unworkable.

       [N. Kumar, J.] - Therefore, "such request" necessarily refers to a request to the Executive Officer, after it becomes clear that the Adhyaksha is not convening the special meeting. Such an interpretation would not only serve the object enacting the aforesaid provision, it would also facilitate holding of a special meeting in accordance with law.

       Case Referred:

       Tirath Singh Vs. Bachittar Singh.

       Valid Special Meeting

       Articles 226 &227 - Articles 226 & 227 and Karnataka Panchayat Raj Act, 1993 -Sections 141(2)(a)(b) & 140 (3) -Adhyaksha failing to convene Special Meeting -members -Chief Officer convening meeting upon request by members -date fixed by C.O. -meeting not vitiated.

       [N. Kumar, J.] - When the Adhyaksha has not called the meeting, when the members want to call a special meeting and when they require the Executive Officer to give notice to the members of such special meeting, merely because the Executive Officer fixes the date of the meeting and sends the notice of the meeting to the members, such a meeting would not be vitiated.

       Case Referred: Tirath Singh Vs. Bachittar Singh.

S. N. KUMAR, J.

( 1 ) THE petitioners were elected as the members of the Taluk Panchayat. Subsequently, they were elected as Adhyaksha and Upadhyaksha of the taluk Panchayat respectively on 19th March, 2002. The term of office is twenty months and it expires on 19th November, 2003. Thirteen members of the Taluk Panchayat on 7th February, 2002 requested the petitioners to call for a special meeting to consider the resolution regarding want of confidence in the petitioner. The first petitioner did not call for the meeting. A requisition was given to the Chief Officer to call for a meeting and a meeting notice was issued on 15th February, 2003. The said meeting notice was challenged by the petitioners before this Court in Writ Petition No. 7350 of 2003. The said writ petition was allowed. The meeting notice dated 15th February, 2003 was quashed and this court issued the following directions:"a direction is issued to the first petitioner herein viz. , the Adhyaksha of Taluk Panchayat to receive any petition/representation that may be presented to her by l/3rd of the total number of members of the Taluk Panchayat and act upon the same as contemplated under Section 141 of the Act". It is in pursuance of the said direction issued by this Court, the petitioners preferred a Writ Appeal No, 3029 of 2003 which came to be dismissed on 10th April, 2003.

( 2 ) THEREAFTER, in pursuance of the aforesaid order, 13 members of the panchayat issued a notice to the first petitioner on 28th March, 2003 calling upon her to call for a special meeting of the Taluk Panchayat to consider the no confidence motion expressed by them. The said notice was received by 28th March, 2003 itself, a copy of which is produced as annexure-B. The first petitioner with a view to ascertain as to whether the 13 persons have signed any such notice of no confidence motion, issued notice to each of the members separately on 9th April, 2003 requesting them to confirm whether they have actually signed notice on 28th March, 2003, a copy of which is produced as Annexure-C. As the first petitioner was expected to call for a meeting within 8 days from the date of receipt of the requisition and instead wrote a letter on 9th April, 2003, the intention became clear and therefore, respondents 2 to 18 on 11th April, 2003 issued notice to the first respondent complaining that the first petitioner has not called for a special meeting within 15 days from the date of receipt of notice dated 28th March, 2003 and therefore, they called upon him to call for a special general meeting for considering the resolution expressing want of confidence in her. Acting on the basis of the said requisition, first respondent has issued a notice on 16th april, 2003 calling for a meeting on 25th April, 2003 for expressing want of confidence in her, a copy of which is produced as Annexure-E. The petitioners in these writ petitions are challenging Annexure-E firstly, on the ground that the said meeting to be convened by the Executive Committee also should be called within 15 days from the date of request made by respondents 2 to 18 to the first petitioner to convene a meeting and secondly, on the ground that it is the respondents 2 to 18 who have to fix the date of meeting and the same cannot be left to the discretion of the first respondent. Therefore, the petitioners seek quashing of the said meeting notice Annexure-E.

( 3 ) LEARNED Counsel for the petitioners submits, as the said meeting notice issued is contrary to Section 141 (2) (a) of the Karnataka panchayat Raj Act, 1993, it is illegal and liable to be quashed.

( 4 ) PER contra, learned Counsel appearing for respondents 2 to 18 who had entered the caveat submits, that 15 days as contemplated under section 141 (2) (a) is to be computed from the date of the requisition made by respondents 2 to 18 to the Executive Officer complaining of non-convening of the meeting by the Adhyaksha and not from the date of requisition made to the Adhyaksha to convene the





















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