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2020 Supreme(Kar) 1858

R DEVDAS
Damayanthi W/o Vasu C H President – Appellant
Versus
State of Karnataka Rep By Its Secretary Department Of Urban Development Vikasa Soudha Ambedkar Veedhi Bengaluru – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Lethif B, Advocate
For the Respondent:Smt Prathima Honnapura, Aga, Sri Pundikai Eshwar Bhat, Advocate, Sri K Chandranath Ariga , Advocate

ORDER :

R. DEVDAS, J.

1. The petitioner is the President of Vitala Town Panchayath. The election to the Town Municipality was held in the year 2016 where 18 members were elected from different wards for a period of five years. The petitioner was elected as the President in the election held on 14.01.2019 and she took charge on 16.01.2019. Her grievance is that the respondent-Chief Officer of the Town Panchayath has issued a meeting notice dated 02.03.2021 scheduling a special general meeting on 12.03.2021 at 11.00 a.m., following a request to move No Confidence Motion given by 12 members of the Town Panchayat against the petitioner.

2. The main ground on which the writ petition is filed is that in terms of the first proviso to Section 42(9) of the Karnataka Municipalities Act, 1964, ten days’ notice has to be given of the intention to move the resolution and this mandatory provision has not been followed. It is submitted that the notice is dated 02.03.2021 and the meeting is scheduled to be held on 12.03.2021 and therefore in terms of the General Clauses Act, if the date on which the notice is issued is excluded, only 9 days or lesser than 9 days notice is given.

3. In this regard, lea

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