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2010 Supreme(Kar) 212

RAM MOHAN REDDY
J. M. Sathyavathi – Appellant
Versus
Assistant Commissioner, Tumkur Sub-Division, Tumkur – Respondent


Advocates appeared:
For the Petitioner:M/s. C.R. Gopalaswamy & Associates, Advocates.
For the Respondents: ---.

Judgment :

The petitioner, the sitting Adhyaksha of the 2nd respondent-Gulur Grama Panchayat, aggrieved by the notice dated 6-2-2010 in Form 2 of Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of the Grama Panchayat) Rules, 1994, fixing 25-2-2010 as the date for considering the no-confidence motion against the petitioner, has preferred this writ petition. In the circumstances, the observation of a learned Single Judge of this Court in Abdul Razah v The Assistant Commissioner, Davanagere Sub-Division. Davanagere and Others, 2005

(1) Kar. LJ. 230, is apposite.

“4. Rule 3 is a provision made for effectuating the substantive right given to members under Section 49 of the Karnataka Panchayat Raj Act, 1993. Section 49 is a provision where under every ‘Adhyaksha’ or ‘Upadhyaksha’ of a Grama Panchyat shall be forthwith deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of not less than two-thirds of the members of the Grama Panchayat at a meeting specially convened for the purpose in accordance with the procedure as may be prescribed. The right given under Section 49 of the Act i


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