S. Sunil Dutt Yadav, J.

The petitioner is the Adhyaksha of K. Bettahalli Gram Panchayat and has challenged the notice issued by the Assistant Commissioner dated 11.12.2018 fixing the date for consideration of the motion of no confidence as 26.12.2018.

2. The undisputed facts being that the election of the members of the Gram Panchayat held was on 05.06.2015. The Adhyaksha was elected immediately thereafter. It is stated that Adhyaksha having resigned on 13.07.2017 the petitioner came to be elected as Adhyaksha on 24.07.2017. The motion of no-confidence came to be moved against the petitioner by submission of a petition to the Assistant Commissioner on 27.11.2018.

3. The petitioner has assailed the issuance of notice by the Assistant Commissioner on the sole ground that as per the second proviso to Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as 'Act'), no motion of no-confidence could be moved within the period of 'first 30 months from the date of his election'. Hence it is contended that the petitioner having been elected as an Adhyaksha on 24.07.2017 the question of entertaining motion of no-confidence within the period of