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2004 Supreme(Kar) 72

K.BHAKTHAVATSALA
SANGAPPA – Appellant
Versus
ASSISTANT COMMISSIONER, BIJAPUR DISTRICT, BIJAPUR – Respondent


Advocates:
ASHOK B.PATIL, H.B.NARAYAN

K. BHAKTHAVATSALA, J.

( 1 ) THE petitioner is before this Court praying for quashing the notice dated 12-1 -2004 bearing No, VPC/cr-18/2003-04 (Annexure-A) on the file of the first respondent.

( 2 ) RESPONDENT 1 is represented by Sri H. B. Narayan, learned High Court government Pleader.

( 3 ) NOTICE to respondent 2 is dispensed with.

( 4 ) HEARED the arguments for final disposal.

( 5 ) THE brief facts of the case of the petitioner may be stated as under -- the petitioner is the President of the second respondent-Grama Panchayat, which consists of 14 members and the petitioner was elected as president on 21-12-2002. !t is the case of the petitioner that impugned notice at Annexure-A was served on him on 14-1-2004, whereby convening a special meeting on 29-1 -2004 at 3. 00 p. m. for moving no confidence motion against the petitioner. The impugned notice is challenged on the following grounds. (A) The impugned notice is not in accordance with Rule 3 ( 1) of the karnataka Panchayat Raj (Motion of no-confidence against adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short, 'the Rules'); (b) The copies of the notice and the motion were not made available to the petitioner;








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