The amendments to the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, reducing the term of office for Adhyaksha to 30 months and the prohibition period for a no-confidence motion to 15 months were found to be prorata to the term of Adhyaksha, and the reasoning in a previous case was held to be equally applicable to the present facts.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

“a. Issue a writ in the nature of certiorari by quashing the notice dated 04.11.2023 bearing No.12/2023-2024 issued by 2nd respondent authority is produced and marked as ANNEXURE-‘F’.

b. To pass such other suitable orders as this Hon’ble Court deems fit to be granted in the facts and circumstances of the case, in the interest of justice and equity.”

2. The petitioner was elected as a member of respondent No.3-Bagaluru Grama Panchayath for the period 2020-2025 and declared to be a returning candidate on 27.12.2021. Election being held for the post of President/Adhyaksha, one Smt.Hameeda was elected to the said post on 18.01.2022, however, for various reasons, she resigned from the said post by submitting a resignation letter dated 01.02.2023 which came to be accepted on 22.02.2023. Fresh elections having been held, the petitioner was elected to the post of Adhyaksha on 07.03.2023.

3. A requisition for no confidence motion having been tendered on 18.10.2023, a meeting is now proposed to be held on 21.11.2023 at 11.00 a.m. for considering the said no confidence motion. It is aggrieved by the same, the petitioner is before this Court seeking the above prayers.

4. Sri. Ashok Harnahalli, learned senior counsel appearing for the petitioner would submit that:

4.1. The petitioner, having assumed the office of President of the Grama Panchayath on 07.03.2023 in terms of the second proviso to Section 49 of the Karnataka Gram Swaraj and Panchayath Raj Act, is protected for a period of 15 months from the date of his election, when no such no-confidence motion can be moved.

4.2. His submission is that the earlier President was in office from 18.01.2022 to 22.02.2023; the petitioner was elected on 07.03.2023 within a period of 8 months thereafter, a no-confidence motion is moved within the prohibited period of 15 months and as such, respondent No.2 ought not to have issued a notice dated 04.11.2023 fixing the meeting as 21.11.2023.

4.3. The petitioner having been elected on 07.03.2023 would indicate that all the members of the Grama Panchayath had confidence in the petitioner to function as an Adhyaksha. By misinterpreting the second proviso to Section 49, no confidence motion has been moved, which is not sustainable in law.

4.4. In this regard, he refers to the decision of the Co-Ordinate Bench of this Court in the case of SMT. C. PUSHPA vs. THE STATE OF KARNATAKA, PANCHAYAATH RAJ DEPARTMENT, BY ITS SECRETARY AND OTHERS, ILR 2019 KAR 2395 and submits that the said decision, though prima facie appears to be against the petitioner, was rendered in a different situation where the term of office of the Adhyaksha was for a period of five years and the prohibited period was for a period of 30 months for moving a no-confidence motion and it is in that background, the Co-Ordinate Bench of this Court came to a conclusion that if the prohibition is held to be considered from each time the election of the Adhyaksha takes place, then during the entire tenure of the panchayath, no motion for no confidence could be moved.

4.5. He submits that above decision will not be applicable to the present case since in the present case, the term is for a period of 30 months and the period of prohibition is for a period of 15 months and the term of office being for a period of five years, it would not amount to prohibition during the entire term of the panchayath. On these grounds, he submits the above petition is requires to be allowed.

5. Sri. Jayakumar S. Patil, learned senior counsel appearing for respondent No.4 would submit that:

5.1. the decision of the Co-Ordinate Bench of this Court in the case of Smt. C. Pushpa is equally applicable to the present facts inasmuch as what is to be considered is the period calculated from the first 15 months from the date of election and this would relate to the date of election of the first President/Adhyaksha, though there may be a case where the earlier p