The legal point established is that the notice for a no confidence motion must be served on time and through a valid channel, and only those with standing can challenge the notice.

JUDGMENT/ORDER

1. Heard the learned counsel Sri Jairaj K.Bukka appearing on behalf of petitioner the learned Additional Government Advocate appearing for respondents No.1 to 4 and learned counsel Sri K.M.Ghate, appearing on behalf of respondents No.8 to 20.

2. This petition is filed questioning the no confidence motion issued against Chandrashekar Buya who is holding the office of Adhyaksha of Markal Grampanchayat. The said Grampanchayat has 18 members. Among them, 13 members have requested the Assistant Commissioner to convene the meeting to discuss the no confidence motion against Adhyaksha. The respondent No.4-Assistant Commissioner has issued a notice on 8/11/2022 convening a meeting on the issue of 'no confidence motion' and the meeting was scheduled on 24/11/2022. This notice is under challenge on the following two grounds;

a) 15 days clear notice is not provided before convening the meeting and the same contravenes Rule 3(2) of the Karnataka Panchayat Raj (Motion of No- Confidence against Adhyaksha an Upadhyaksha of Gram Panchayat) Rules, 1994 (for short the 'Rules'.)

b) The notice is not sent by the officials of Grampanchayat which is in contravention of mandate of Rule 3(2) of the Rules. The Village Accountant who claims to have issued the notice to the Members of the Grampanchayat is not the employee of the Grampanchayat or the employee of the office of the Assistant Commissioner, as such the notice is vitiated.

3. Respondents No.8 to 20 in this petition are the persons who have expressed no confidence.

4. This court has granted an interim order on 18/11/2022 and in terms of the said interim order, the court directed meeting to be held as scheduled and directed the votes to be cast through ballot papers and further directed the results to be kept in a sealed cover and to be placed before the Court. Pursuant to the court direction, the meeting was held as scheduled, the Members have expressed their opinion through the ballot and the result is not announced. The ballot papers are submitted to this Court in a sealed cover.

5. The interim order granted by this Court was called in question by the respondents No.8 to 20 who have expressed no confidence in Adhyaksha. That writ appeal is pending in W.A.No.200217/2022.

6. Learned counsel for the petitioners raised a preliminary objection stating that this writ petition cannot be considered on merit in view of pendency of writ appeal in W.A.No.200217/2022. It is the submission that the Division Bench of this Court has passed an interim order restraining this court not to proceed further in this matter.

7. Learned counsel Sri K.M.Ghate appearing on behalf of respondents No.8 to 20 would submit that there is no interim order staying further proceedings in this matter as contended by the learned counsel for the petitioners and accordingly would submit that the matter has to be heard on merits.

8. This court has considered the said order dtd. 14/12/2022 passed in Writ Appeal No.200217/2022. The order reads as under :-

"Learned Government Advocate accepts notice for respondent Nos.1 to 4. Learned counsel for the appellants submits memo for dispensation of notice to respondent Nos.5 and 6. Since notice to them was not ordered before the learned Single Judge, notice to them is dispensed with as prayed for. Issue notice to respondent Nos.7 to 10. Simultaneously, learned counsel for the appellant is permitted to serve notice on Sri P.S. Kumman, learned counsel for respondent No.7 and Sri Jayaraj K. Bukka, learned counsel for respondent Nos. 8 to 10 as they represented them before the learned Single Judge. List on 2/1/2023."

On reading of this order, it is crystal clear that the Division Bench of this Court has not passed any order prohibiting this Court from considering the petition on merit.

9. Under these circumstances, the contention of the learned counsel for the petitioners that the hearing has to be deferred till the disposal of the case in Writ Appeal No.200217/2022 cannot be acc