Strict adherence to procedures for removal of elected members through a motion of 'No Confidence' as per Section 49(1) of the Act and Rule 3 of the Rules.

ORDER :

1. The petitioner who was elected as a President of the Somapura Grama Panchayath has filed the present petition calling in question the validity of the resolution expressing "No Confidence" passed on 06.06.2022 against the petitioner.

2. The facts being that the requisition was made to the Assistant Commissioner to move Motion of "No Confidence" and the Assistant Commissioner as per Annexure-C has issued a notice fixing the date as 06.06.2022 at 11.00 a.m. for consideration of Motion of "No Confidence."

3. It is further submitted that the said Motion of "No Confidence" has been passed against the petitioner as is evident from the proceedings dated 06.06.2022 and the validity of such "No Confidence" motion is called in question in the present petition.

4. It is borne out from the records that at an earlier point of time, W.P. No. 10740/2022 (LB-RES) was filed challenging the validity of the notice dated 20.05.2022 at Annexure-C and writ petition came to be disposed of as per the order dated 01.06.2022.

5. The order of the learned Single Judge referred to above was called in question in W.A. No. 478/2022 by which time, the motion of "No Confidence" came to be passed and writ appeal was disposed of while observing as follows:

"4. It is hereby provided that in case the petitioner/appellant prefers to challenge the resolution passed against him yesterday i.e., 06.06.2022 in the No Confidence Motion, the observations made by the writ Court or this Court may not come in his way and the Competent Forum may proceed to decide the same without being influenced in any manner in this regard."

Accordingly, the present petition has been filed.

6. Learned Senior Counsel Sri Jayakumar S. Patil, appearing for the petitioner has principally contended as follows:

(i) the requisition that is made under Section 49(1) must be with notice to the panchayat as well as the elected office bearer against whom the motion of "No Confidence" is moved.

(ii) the requisition must be accompanied by copy of the proposed resolution.

(iii) the Assistant Commissioner should complete the process within a period of thirty days.

7. He further contended that the procedure prescribed under Section 49 must be read in conjunction with the rules that are framed i.e., Karnataka Grama Swaraj and Panchayat Raj Act, motion of No Confidence against the Adyaksha and upadyaksha of Gramapanchayat Rules, 1994 (for short "Rules"). Specific reference is made to the procedure under Rule 3 of the said Rules. Further reliance is placed on the judgment of the Apex Court in Vipulbhai M. Chaudhary vs. Gujarat Cooperative Milk Marketing Federation Limited and Others, (2015) 8 SCC 1 and in specific observations made in para 51 wherein, it is observed that the procedures prescribed in any Act or Rules providing for removal of the elected member by way of a motion of "No Confidence" needs to be followed strictly.

8. Learned AGA appearing for the respondents would contend that the requisition made to the Assistant Commissioner as contemplated under Section 49(1) must be read in conjunction with Rule 3 of the Rules, which only provides for notice in Form-1 to be submitted to the Assistant Commissioner and there is no further requirement that such notice must be made also to the members in terms of Rule 3(1) of the Rules.

9. It is further pointed out that the notice of the Assistant Commissioner fixing the date of meeting to consider the motion of "No Confidence" is 20.05.2022 and the whole process has been completed within a period of thirty days after following the procedure and accordingly, there is no infirmity.

10. Heard both the sides.

11. Insofar as the contention relating to non-accompanying of the proposed motion of "No Confidence" along with the requisition made to the Assistant Commissioner, it must be noticed that Section 49(1) needs to be read in conjunction with Rule 3 of the Rules and what is to be given to the Assistant Commissioner is only Form-1 and there is no further requirement in te