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2019 Supreme(Kar) 1585

ABHAY S.OKA, P.S.DINESH KUMAR
Abdul Khaleel S/o Abdul Gafar – Appellant
Versus
State of Karnataka Rep By Its Secretary Department of Rural Development & Panchayatraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Chandrakanth R. Goulay, Advocate
For the Respondent:Sri S.H. Prashanth, AGA Sri R Ganesh Kumar, Advocate

JUDGMENT :

1. By impugned order dated 1st February 2019, the learned Single Judge dismissed the writ petition filed by the present appellant. The present appellant was elected on 15th July 2015 as the President (Adhyaksha) of a Grama Panchayat. A motion was moved under subsection (2) of Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short ‘the said Act of 1993’) in December 2018. It is pointed out in the writ petition filed by the present appellant that the notice under subsection (2) of Section 49 was challenged by way of a writ petition. The writ petition was allowed on 17th January 2019 by setting aside the impugned notice. Thereafter, a fresh motion was moved by 18 members on 21st January 2019 by invoking subsection (1) of Section 49 of the said Act of 1993. Initially, the present appellant moved the Assistant Commissioner for the relief of withdrawal of the notice dated 21st January 2019. On 4th February 2019, the motion was moved and the appellant was removed from the post of the President. Thereafter, a notice for election of a new President was issued. The present appellant filed a fresh writ petition challenging the notice dated 4th February 2019 i

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