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2010 Supreme(Kar) 1130

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


Advocates:
Advocate Appeared:
Mr. C.R. Gopalaswamy and Associates, for the Appellant

ORDER

Ram Mohan Reddy, J.— 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 Razak Vs. The Assistant Commissioner, Davanagere Sub-Division and Others, (2005) 1 KarLJ 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 whereunder every 'Adhyaksha' or 'Upadhyaksha' of a Grama Panchayat 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


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