Procedural requirements for considering a motion of no confidence are mandatory and must be strictly followed, as interpreted from Rule 3(2) of the Rules of 1994.

JUDGMENT

R.NATARAJ,J. - The petitioner being the President of the Seebi Agrahara Grama Panchayat has filed this petition challenging a notice dtd. 16/6/2022 issued by respondent No.2, convening a meeting on 5/7/2022 to consider a motion of no confidence submitted by respondents 3 to 13 herein.

2. The petitioner claims that she was elected as the President of Seebi Agrahara Grama Panchayat on 05th, February, 2021. She alleged that the Upadyakasa of Panchayat and certain members who were inimically ill- disposed towards her were instrumental in moving an application on 8/6/2022 expressing no confidence in the petitioner. Following this the respondent No.2 issued a notice dtd. 16/6/2022, convening a meeting on 5/7/2022 to consider the motion of no confidence. The petitioner contends that under Sec. 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, a motion of no nonfidence cannot be moved without specific allegations of misuse or abuse of the powers under the Act of 1993. She claims that the grounds on which the respondents 3 to 13 moved the no confidence could not be construed as misuse or abuse of the powers under the Act. It is further contended that the notice issued by the respondent No.2 was served on the petitioner on 23/6/2022 and therefore, the procedure contemplated under Rule 3(2) of the Karnataka Grama Swaraj and Panchayat Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 was not complied. Therefore, it is contended that the meeting dtd. 5/7/2022 is in gross violation of the Rules of 1994.

3. Learned counsel appearing for petitioner contended that the Rules of 1994 are mandatory and had to be strictly complied with in view of the consequences that entail.

4. Learned Additional Government Advocate was directed to secure the records from the office of the respondent No.2. The records disclose that the notice dtd. 16/6/2022 was served in person to the petitioner on 20/6/2022 where the meeting was fixed on 5/7/2022. It is therefore clear that the fifteen days clear notice as provided under Rule 3(2) of the Rules of 1994 was not given.

5. Learned Senior Counsel Sri. R.S. Ravi appearing for respondents 3 and 4 submits that since the notice in form No.2 was served on petitioner on 20/6/2022 and the meeting was fixed on 5/7/2022, there was fifteen days notice to the petitioner. Learned Senior Counsel further submitted that any procedural inadequacies should not come in the way of considering the motion of no confidence by the members of the Panchayat.

6. I have considered the submissions made by the learned counsel appearing for parties.

7. A full Bench of this Court in the case of C. Puttaswamy, etc. vs. Smt. Prema, etc reported in AIR 1992 KAR 356 had held that the procedural requirements for considering a motion of no confidence is mandatory and are to be strictly followed. In the present case, the notice dtd. 16/6/2022, convening a meeting on 5/7/2022, was served personally on the petitioner on 20/6/2022. Rule 3(2) of the Rules of 1994 reads as follows:

"The Assistant Commissioner shall thereafter convene a meeting for the consideration of the said motion at the office of the Grama Panchayat on the date appointed by him which shall not be later than thirty days from the date on which the notice under sub-rule (1) was delivered to him. He shall give to the members a notice of not less than fifteen clear days of such meeting in Form II (The Assistant Commissioner shall make sure that the allegations delivered are specific in the attached list of notice to prepare a report within seven days in respect of Taluk Panchayat Execute Officer).

Provided that where the holding of such meeting is stayed by an order of a Court, the Assistant Commissioner shall adjourn the said meeting and shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay, after a giving to the members, after giving to the