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2009 Supreme(Kar) 673

A.N.VENUGOPALA GOWDA
Venkataram – Appellant
Versus
Assistant Commissioner, Kolar – Respondent


Appearing Advocates:
For the Petitioners:H. Kantharaja, Advocate.
For the Respondent: M.C. Nagashree, HCGP.

Judgment :-

Venugopala Gowda, J

Petitioners are the ‘Adhyaksha’ and ‘Upadhyaksha’ respectively of Madderi Grama Panchayath of Kolar Taluk, which has 14 elected members. 10 members of the Panchayath submitted a requisition dated 24.07.2009 to the respondent, expressing No-confidence in petitioners and requested respondent to convene a special meeting of the Panchayath, to consider the proposed motion of No-confidence. Respondent issued Notice in Form – II under Rule 3(2) of the Karnataka Panchayath Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules, 1994 (for short ‘the Rules’). Respondent notified the members and also Adhyaksha and Upadhyaksha that, a special meeting to consider the motion of No-confidence is convened to be held at 11.00 A.M. on 20.08.2009 in the office of Grama Panchayath. Petitioners alongwith two other members questioned the said notice in O.S.No. 512/2009 in the Court of the Principal Civil Judge, (Junior Division) Kolar. Alongwith the suit, they filed I.A.-I under Order 39 Rule 1 & 2 of Civil Procedure Code, to restrain the Assistant Commissioner, Kolar Sub-Division, Kolar and the Secretary of the Panchayath, from conducti






























































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