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N. V. ANJARIA, KRISHNA S. DIXIT
P. Reethi Mune Gowda W/o J. Mune Gowda – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
A neat question of law arises for consideration about the import and applicability of the group of words ‘within the first fifteen months from the date of his election’ occurring in the Second Proviso to Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993; whether it applies in the case of a new President elected in the middle of the term of the Panchayat replacing the originally elected president to avail the new President immunity from facing no-confidence motion for first fifteen months from the date of ‘his election’.
2. Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as ‘the Act’) deals with motion of no-confidence against Adhyaksha (the President) or Upadhyaksha (the Vice President) of Grama Panchayat.
2.1 The provision is reproduced hereunder to highlight the Second Proviso to Section 49(1) of the Act which is centripetal to the controversy,
The court established that the immunity from no-confidence motions under Section 49(1) applies from the date of election of the current officeholder, not the first president.
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....
The immunity from no confidence motions under the Maharashtra Village Panchayats Act applies to the post of Sarpanch, not the individual, allowing motions against subsequent Sarpanchs within the stip....
Immunity against No Confidence Motion is calculated from the date of election of the first Sarpanch, not subsequent elections, ensuring stability in the democratic process.
continuity and stability of the Panchayati Raj Institutions is one of the objectives of the Constitutent 73rd Amendment Act. If any motion of no-confidence is moved against the elected Sarpanch immed....
Point of Law - Under section 13 of the Gujarat Panchayats Act, 1993, every panchayat, unless sooner dissolved under this Act shall continue for five years from the date appointed for its first meetin....
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