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2020 Supreme(Kar) 1239

R.DEVDAS
Jayamma – Appellant
Versus
Regional Commissioner, Bengaluru Region – Respondent


Advocates Appeared:
Madhusudan R Naik, Advocate, M.R. Rajagopal, Advocate, Prof Ravi Varma Kumar, Advocate, S.N. Bhat, Advocate, K.R. Nithyananda, Advocate

JUDGMENT

R Devdas, J. - The petitioner who is the elected Adhayksha of Bangalore Rural Zilla Panchayat has called in question the meeting notice dated 14.10.2020 issued by the first respondent-Regional Commissioner, convening the meeting for consideration of the 'Motion of No-Confidence' against the petitioner on 27.10.2020. The petitioner has also sought a declaration that Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Zilla Panchayat) Rules, 2020, (hereinafter referred to as the Rules, 2020 for short) are ultra vires and inconsistent with Section 180 of the Karnataka Gram Swaraj and Panchayat Raj, Act, 1993. A declaration is also sought that the amendment added to the first proviso to sub-section (3) of Section 179 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as the Act, 1993 for short) is prospective in nature and the said provision has no application in interfering with the vested right of the petitioner as available prior to the amendment. A consequential declaration is also sought that respondents No.3 to 18 who are members of the Zilla Panchayat have no authority to mo

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