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2007 Supreme(Kar) 47

S.R.BANNURMATH, V.JAGANNATHAN
MUNIRATHNAMMA – Appellant
Versus
ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR – Respondent


Advocates:
Sri K. Shrihari,Smt. V. Vidya

JUDGMENT

The appellant, aggrieved by the rejection of its Writ Petition No. 8619 of 2006, dated 3-7-2006 by the learned Single Judge, has approached this Court in the present appeal.

2. The appellant who was Adhyaksha of Abbenahalli Grama Panchayat has approached this Court in the said writ petition challenging the validity or otherwise of the notice dated 30-5-2006 issued by the first respondent-Assistant Commissioner as well as for quashing the no-confidence resolution held on 17-6-2006.

3. The facts of the case are not much in dispute. As already noted, the appellant is the Adhyaksha of the Abbenahalli Grama Panchayat. It appears, the members had moved the Assistant Commissioner to convene a meeting as per Section 49 read with Rule 3 of the Kamataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 to pass resolution of no-confidence against the appellant. As per the Rules, the Assistant Commissioner on 30-5-2006, issued notice convening the meeting on 17-6-2006.

4. It is the contention of the appellant before the learned Single Judge as well as this Bench that since under Rule 3(2) of the Rules, the Assistant Commissioner i





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