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2018 Supreme(Kar) 369

DINESH MAHESHWARI, KRISHNA S.DIXIT
Lakshmamma w/o Devaraja Bhovi – Appellant
Versus
State of Karnataka rep. By the Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Prakash M.H., Advocate.
For the Respondent:Sri A.S.Ponnanna, Additional Advocate General A/W Sri H.Venkatesh Dodderi, AGA Sri B.J. Somayaji, Advocate

JUDGMENT :

Preliminary

1. These intra-court appeals, essentially involving similar questions relating to the provisions contained in Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘the Act of 1993’) and the motion of no-confidence brought thereunder, have been considered together; and are taken up for disposal by this common judgment.

2. In a brief outline of the subject matter of these appeals, it may be pointed out that most of the appeals in this group of matters are directed against the common order dated 28.02.2018, as passed in a batch of writ petitions led by W.P.Nos.1935-1936/2018 (LB-RES) wherein, the learned Single Judge of this Court, while rejecting the contentions against the validity of subsection (2) of Section 49 of the Act of 1993 and against the legality of the proceedings for consideration of respective motions of no-confidence, declined to interfere with the impugned motions and notices of meetings for consideration of such motions of no-confidence; and in two writ petitions (W.P.Nos.3434/2018 and 3435/2018), allowed the Gram Panchayat concerned to go ahead with the meetings to be notified afresh for consideration of motion of no-confidence. A






































































































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